The trial Judge was therefore right in holding that the retraction of the Appellant's confessional
statement did not render them inadmissible or worthless or untrue in considering the guilt of the
Appellant. Silas Ikpo vs. State (1996) 1 NILR pate 59, Ihuebeka vs. State (2000) 4 SC pt 1 page 203, Idowu
vs. State (2000) 7 SC pt II Page 50.
The law is that a free and voluntary confession of guilt made by an accused person, if it is direct and
positive is sufficient to warrant his conviction without any corroborative evidence as long as the court is
satisfied of the confession. Effiong Vs. State (1998) 8 NWLR (pt. 552) 362 SC, Ihuebeka Vs. State (2000) 4
SC (pt.1) 203, Idowu Vs. State (2000) 7 SC (pt.11) 50, Alarape vs. The State (2001) 14 WRN I SC.
The law reports are replete with the notion that a Confessional Statement of an accused person to the
commission of a crime plays a major role in the determination of his guilt.
The Appellant in his statements Exhibit C and C(1) confessed to the crime he was charged with. Exhibit D
was again made confirming the other statements Exhibit C and C(1). Exhibit D was made in front of his
mother, a Senior Police Officer and the mother of the deceased. Had it been that Exhibit C and C(1) were
not voluntary he would have said so in Exhibit D. There would not have been any threat or cohesion in
front of his mum and the deceased mother.
In the face of the Appellant's confessional statements, the trial Judge was entitled to convict the
Appellant having ascertained that the confession was voluntary. Okeke vs. State (2003) 15 NWLR pt 842
page 25.
I had earlier in this issue whilst resolving the evidence of the eye witness desisted from making any
findings on questions of corroboration. The Appellant's counsel had argued that, the trial Judge relied on
the uncorroborated testimony of an infant in reaching his decision and convicting the Appellant. It
would be recalled that, A. E. Archibong J the first Judge tested the infant as required by Section 209 (1)
Evidence Act, 2011. The infant passed this test and was sworn before giving his testimony. His testimony
gave a graphic detail of what transpired on that fateful day leading to the death of his twin brother.
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