evidence, without any objection to its admissibility into evidence. Furthermore,
he submitted that there are other facts ascertained from the evidence of PW1
and PW4 which are outside Exhibit P3 to corroborate the facts stated by the
appellant in the said Exhibit P3, which he retracted in Exhibit P4 and in his
evidence in Court. Therefore, according to him, the appellant was rightly
convicted on his confessional statement in Exhibit P3.
Resolution:
The vexed question of retraction of confessional extra judicial statements, by
accused persons, has engaged the attention of our Courts over the years.
Generally, it is settled law, that there is no evidence stronger than a persons own
admission or confession of his complicity in the offence for which he is arraigned
in Court for trial. Therefore, the Court can convict on such a confession by an
accused person. Golden Dibie & Ors. v. The State (2007) 3 SCNJ 160. And there is
nothing esoteric or strange about resiling from or denying/retracting a
confessional statement by an accused person.
It is not unnatural that at the earliest phase of the commission of an offence, the
sense or feeling of guilt weighs more on the mind of the offender, but with
passage of time, his mind gets toughened again which invariably leads to an
afterthought and eventual retraction of the earlier confessional statement that
was made by him. Hence, soon after the offence, their consciences are more
pricked and so they are goaded to be truthful in their extra-judicial statements.
The important thing of consideration for the Court, is that if it is convinced that
the confession of guilt was freely and voluntarily made and the Court is satisfied
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