Ors. v. The State (2007) 3SCNJ 1 60 at 183; Demo Oseni v. The State (2012) 2 SCNJ (pt. 1) 215 at 246;
Federal Republic of Nigeria v. Faith Iweka (2011) 12 SCNJ 783; Osuagwu v. The State (2013) 1 SCNJ 33 at
57.
Therefore, a trial court faced with a situation such as was thrown up in the present case, has the duty of
testing the truth of the confessional statement by examining it with respect to other credible evidence
led before it and determine whether:
(i) There is anything (evidence) outside the confession to show that it is true;
(ii) It is corroborated;
(iii) The facts in it are true as far as can be tested;
(iv) The accused person had the opportunity of committing the crime;
(v) The accused person's confession is possible;
(vi) The confession is consistent with other facts ascertained and established.
Jimoh Yusuf v. The State (1976) 6 SC 167; Alarape v. The State (2001) FWLR (pt. 41) 1872; (2001) 5 NWLR
(pt. 705) 79; Akpa v. The State (2007) 2 NWLR (pt.1019) 500.
The six point tests above listed are the ones stipulated in R. v. Sykes (supra) and in Nsofor v. The State
(supra), his Lordship, Oguntade JSC., said that:
"If the confessional statement passes these tests satisfactorily, a conviction founded on it is invariably
upheld unless other grounds of objection exists. If the confessional statement fails to pass the tests, no
conviction can properly be founded on it and if any is founded on it, on appeal, it will be hard to
sustain."
The learned trial judge found that the pieces of evidence proferred by PW1, PW2, PW4 and PW5 were
pieces of evidence outside the confessional statement which went to show that the confessions were
true and probable.
According to the appellant's counsel, it is only the PW1's evidence which established an independent
circumstantial evidence linking the deceased with the appellant on the fateful day. He contended that
the unsworn evidence of the PW1 was of no value because according to him, the learned trial judge did
not conduct any test to determine the competence of the said PW1 before he was allowed to give
evidence.
The evidence of PW1 is at pages 64 - 67 of the record of appeal. The record at page 64 is that, to wit:
"P.W.1 - A child of 12 years old. I have put tests to this child and I am satisfied that he understands the
nature of an oath and the duty to tell the truth in this court. He will therefore give a sworn evidence.
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