7. EVIDENCE - CONFESSIONAL STATEMENT: Whether the statement of an accused becomes inadmissible
because it is not signed by the accused; criteria to ascribe weight to such statement
"The law is that a confessional statement does not become inadmissible merely because it is unsigned
by the accused person, the issue of admissibility being different from that of probative value to be
ascribed to the statement. In CHUKWUKA OGUDO VS THE STATE (2011) 18 NWLR (pt. 1278) 1, RhodesVivour JSC aptly stated the Law in the following phrase:- "... Where on the other hand, the accused
person says he did not sign the statement, the statement should be admitted in evidence, thereafter,
the question of what weight should be attached to such statement becomes an issue for the Judge to
decide at the end of the trial ..." See also YAHAYA VS THE STATE (2016) LPELR - 40254 (CA). ?On the
criteria to ascribe weight to such an unsigned statement the law lord Rhodes-Vivour JSC in the said case
gave the conditions as follows: 1. The cautionary words must be well written and signed. 2. The body of
the statement written by the accused person or by someone usually a police officer on the accused
person's directives given a detailed confession which will show clearly that he committed the offence for
which he is charged. 3. The statement must be endorsed by a superior police Officer and signed by the
accused person." Per WAMBAI, J.C.A. (Pp. 18-19, Paras. D-E) (...read in context)
8. EVIDENCE - CONFESSIONAL STATEMENT: Effect of failure of an accused person to object to the
admission of his confessional statement
"Where an objection is not taken to the admissibility of a confessional statement or where as in the case
at hand, the issue of non-signing of the confessional statement was not raised throughout the trial, on
the authorities, it will be too late on the day to raise the issue on appeal. In OSENI VS THE STATE (2012)
LPELR 7833 (SC); I.T. Muhammad JSC held inter alia: "It is regrettable that Appellant's Counsel at the trial
stage did not object to the admissibility of this confessional statement, yet he went on to blame the trial
Court in not treating Appellant's statement with utmost caution. It will appear too late in the day to seek
to supply a remedy to a dented or a crucified matter which can hardly be revived".? For the foregoing
reasons, I agree with the learned Respondent's Counsel that the Appellant cannot seek to attack the
reliance placed on Exhibit A on the ground of its non-signing by the Appellant." Per WAMBAI, J.C.A. (Pp.
22-23, Paras. E-D) (...read in context)
9. EVIDENCE - CORROBORATION/CORROBORATIVE EVIDENCE: Nature and meaning of corroboration