Electronic recording of confessional statements now mandatory requirement, says former judge
A former judge of the Kogi High Court, Justice Alaba Omolaye-Ajileye, has said electronic recording of confessional statements of a suspect during a criminal investigation in an audio-visual format is a mandatory obligation.
Mr Omolaye-Ajileye said this during the 2024 edition of the 6th Annual Criminal Law Review Conference (ACLRC) organised by the Rule of Law Development Foundation (RLDF) on Wednesday in Abuja.
He noted that such recordings would reduce the number of trial-within-trials and the duration of cases in courts.
“Confessional statements are crucial components of criminal trials. The confessional statement of a defendant, if voluntarily made, is of great evidential value in the dispensation of criminal justice.
“It is regarded as the best evidence in a criminal trial, which can ease the stress of trials within trial. If you have recorded evidence and a legal practitioner is there present, then that statement should be legally admitted,” Mr Omolaye-Ajileye explained.
He added that there is no need for studio establishment as most people have smartphones and can take evidence records of the confessional statements.
In most court cases, once an accused objects to a statement being taken forcefully, a trial within trial must be conducted.
The Supreme Court, in a landmark ruling on September 24, established that law enforcement agencies must electronically record a suspect’s confessional statement in an audio-visual format during criminal investigations.
The case of the Federal Republic of Nigeria (F.R.N.) v. Akaeze [2024] 12 NWLR (Pt. 1951) 1 has underscored the mandatory nature of this requirement, in accordance with sections 15(4) and 17(1) & (2) of the Administration of Criminal Justice Act 2015 (ACJA).
This decision leaves no room for discretion—failure to comply renders the confessional statement inadmissible in court.
(NAN)
