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Supreme Court Mandates Electronic Recording of Confessional Statements to Safeguard Suspects’ Rights

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By: Adenike Kaothara Lawal 

In a landmark ruling, the Supreme Court of Nigeria has established that law enforcement agencies must electronically record a suspect’s confessional statement in an audio-visual format during criminal investigations. The case of 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.

 

This judgment builds on the precedent set by the Supreme Court in Friday Charles v. The State of Lagos (2023) 13 NWLR (Pt. 1901) 213, which similarly dealt with the recording of confessional statements. Both cases highlight the court’s commitment to ensuring that suspects’ constitutional rights are upheld during criminal proceedings.

 

Section 15(4) of the ACJA 2015, which mirrors section 9(3) of the Administration of Criminal Justice Law of Lagos State 2011 (ACJL), is particularly crucial in this ruling. The law mandates that, if a suspect voluntarily offers a confessional statement during arrest (whether with or without a warrant), the police must ensure that the statement is documented in writing and recorded electronically, either on a compact disc or via other audio-visual means.

 

Furthermore, section 17(2) of the ACJA 2015 provides additional protections by stipulating that a suspect’s statement may be taken in the presence of a legal practitioner or, in the absence of one, other authorized individuals such as a representative of the Legal Aid Council of Nigeria or a civil society organization. These provisions ensure that suspects are not coerced into making confessions and that the process is transparent and fair.

 

Justice Ogunwumiju, who concurred with the lead judgment in the Akaeze case, emphasized the significance of the use of “shall” in these provisions, signaling their mandatory nature. According to the judgment, the objective of electronically recording confessional statements is to prevent scenarios where suspects are forced or coerced into confessing, thereby avoiding miscarriages of justice. The ruling is aimed at minimizing the number of confessions that are later retracted and reducing the need for a trial within a trial, where the court determines the admissibility of the confessional statement.

 

The law serves as a safeguard against torture or undue pressure on suspects and promotes fairness in Nigeria’s criminal justice system. By making this practice mandatory, the court seeks to ensure that the rights of defendants, as enshrined in section 35(2) of the Constitution of the Federal Republic of Nigeria, are fully protected.

 

In Nigerian law, confessions are considered powerful pieces of evidence. According to Section 28 of the Evidence Act 2011, a confession is defined as “an admission made at any time by a person charged with a crime, stating or suggesting that he committed the crime.” Section 29(1) of the same Act further clarifies that a confession may be admitted as evidence against a defendant, provided it is relevant and not excluded by the court.

 

Because confessions carry significant weight in legal proceedings, a person can be convicted based solely on their confession, provided the court is convinced that it was made voluntarily and without contradictions. However, as the Supreme Court’s ruling highlights, the admissibility of such confessions hinges on their compliance with the provisions of the ACJA, particularly the requirement for electronic recording.

 

The ruling has also addressed concerns about legal loopholes that could allow for coercion or improper handling of confessional statements. Previously, confessions obtained without proper documentation or oversight could be challenged, leading to delays in the legal process and undermining the integrity of the case. With the new ruling, law enforcement agencies are expected to adhere strictly to the guidelines laid out in the ACJA.

 

The Supreme Court has also clarified that challenges to the admissibility of a confessional statement must occur at the point of introduction during trial. The prosecution must demonstrate that the confession was obtained in compliance with section 15(4) of the ACJA. This clarity strengthens the prosecution’s case, as it removes doubts surrounding the voluntariness of a suspect’s statement and ensures that confessions are presented transparently.

 

The Supreme Court’s decision has several significant implications for the Nigerian criminal justice system:

  1. Compliance with Statutory Law: Law enforcement agencies are now legally obligated to comply with the requirements of the ACJA, which strengthens procedural transparency and ensures that suspects’ rights are protected throughout the investigation process.

 

  1. Minimization of Trial Within a Trial: The ruling is designed to prevent unnecessary “trial within trial” proceedings, which often arise when the admissibility of a confessional statement is contested. By mandating electronic recording, the court ensures that confessions are clear, transparent, and beyond reproach.

 

  1. Elimination of Doubt: The new procedures eliminate any doubts about the voluntariness of a confession. By electronically recording statements, law enforcement agencies provide a clear record of the circumstances under which a confession was made, reducing the likelihood of disputes in court.

 

  1. Court Efficiency: The Supreme Court’s ruling also saves valuable court time by streamlining the process. Cases are less likely to be delayed due to questions about the admissibility of confessional statements, ensuring that justice is served more swiftly.

 

  1. Strengthened Prosecution: Finally, the ruling strengthens the evidence presented by the prosecution, as the use of audio-visual recordings makes the case more direct and less open to challenge.

The Supreme Court’s ruling sets a clear legal standard for the handling of confessional statements, but questions remain about how it will be implemented in practice. While the ruling mandates that confessions must be electronically recorded, section 15(5) of the ACJA still allows for the admissibility of oral confessions, which could lead to future challenges if the proper procedures are not followed.

As the Nigerian legal system continues to evolve, the F.R.N. v. Akaeze decision will serve as a critical reference point in safeguarding the rights of criminal suspects and promoting transparency in law enforcement. It marks a step forward in ensuring that confessions are obtained lawfully and that the integrity of the criminal justice system is maintained.

 

Judiciary

Chamber Commissioning: Every Empire Will Expire, Akintola Tells Nigerian Leaders

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By Samson Adeyanju

A Senior Advocate of Nigeria, Chief Adeniyi Akintola, has cautioned Nigerian leaders and public office holders against abusing power, stressing that no position of authority or political influence is permanent.

Akintola gave the warning at the commissioning of Dayo Ajibola & Associates, also known as SBA Chambers, where he urged those in positions of authority to remain humble, remember their roots and prepare for life after office.

“Every empire will expire. Let those who are holding public office get this into their heads. Every empire will expire. Every person in a position of authority will come to a time when he will no longer be relevant,” he said.

The legal practitioner also warned politicians against sacrificing people for political interests, urging professionals who interact with political leaders to be cautious and maintain clear boundaries between their principles and political relationships.

He said money should not be allowed to determine a person’s values or professional decisions, urging young lawyers to resist the temptation of seeking immediate financial rewards.

According to him, younger lawyers should focus on building credibility, relationships and professional competence rather than demanding large fees from every client.

“The younger generation lawyers are making the mistake of wanting that money now, now, now. It doesn’t work that way,” Akintola said.

He advised lawyers to carefully assess the clients they represent and avoid fraudulent individuals and activities.

“We have a standard in our office. No room for 419,” he said, stressing that professional reputation remained more valuable than short term financial gains.

Akintola further urged young professionals not to live beyond their means, saying proper financial planning was necessary for sustainable careers and businesses.

He explained that his law office makes provisions for the maintenance and replacement of office equipment, noting that professionals must plan for unforeseen expenses instead of spending all their earnings.

“If you take good care of your job, your job will take good care of you,” he said.

The Senior Advocate also emphasised discipline and commitment to legal practice, particularly punctuality and diligence in handling clients’ briefs.

“The court will not wait for you. You should be in court latest by 8:30. The client that gives you a brief is not waiting for stories. He wants results,” he said.

Akintola urged senior lawyers to continue mentoring younger practitioners and advised employees to remain loyal and committed to their employers.

He also encouraged the new generation to remain prayerful, disciplined and patient, saying genuine professional success is built over time.

Speaking at the occasion, Senator Abdulfatai Buhari, representing Oyo North Senatorial District, commended Akintola for his commitment to mentoring younger professionals.

Buhari, who said he had adjusted his international travel plans to attend the event, congratulated Dayo Ajibola on the commissioning of the chambers.

He said the presence of senior practitioners and other distinguished personalities at the event demonstrated the respect Akintola had earned through his character and professional relationships.

Buhari urged Akintola to remain focused despite betrayal, blackmail and disappointment, saying the growth of people he had mentored should give him satisfaction.

“People will still continue to betray. People will continue to blackmail. People will continue to misbehave, but just be happy that the people you are training are coming up, and you are seeing them growing,” he said.

In his vote of thanks, Barrister Dayo Ajibola, principal of the newly commissioned chambers, expressed appreciation to Akintola, senior lawyers, public officials, friends and other guests for honouring the occasion.

Ajibola, who became emotional while recounting some of the challenges he had overcome, attributed his survival and progress in life to God’s protection, prayers and the support of family, mentors and friends.

He disclosed that he had obtained bachelor’s and master’s degrees before returning to study law, describing his journey into the legal profession as one marked by several challenges and near tragedies.

Ajibola thanked Akintola for his mentorship and described his presence at the commissioning as a significant honour.

He also expressed appreciation to the senior members of the legal profession who attended the ceremony, saying their support had encouraged him to continue building the new law firm.

The commissioning marked a significant milestone for Dayo Ajibola & Associates and brought together members of the legal profession, political figures, friends and associates.

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Judiciary

BREAKING: Judge Withdraws from El-Rufai’s Fundamental Rights Suit

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By Olokuta Rofiat

A judge of the FCT High Court has withdrawn from the fundamental rights enforcement suit filed by former Kaduna State Governor, Nasir El-Rufai.

Justice Hussaini Belgore recused himself from the matter on Friday for undisclosed reasons, paving the way for the case to be reassigned and delaying further proceedings.

El-Rufai had sued the Independent Corrupt Practices and Other Related Offences Commission, the Inspector-General of Police and others, alleging a violation of his constitutional rights following the search of his Abuja residence. He is seeking damages and declarations that his rights were breached.

Separately, the Department of State Services has filed criminal charges against him at the Federal High Court in Abuja over alleged unlawful interception of communications. The case was adjourned to April 23, 2026.

Legal observers say reassignment of the fundamental rights suit may take weeks before hearings resume.

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Judiciary

El-Rufai Drags ICPC to Court, Demands N1bn Compensation

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By Patrick Idowu

Former Kaduna State Governor Nasir El-Rufai has filed a N1 billion lawsuit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), following an allegedly unlawful raid on his Abuja residence.

Through his lead counsel, Oluwole Iyamu, SAN, El-Rufai is asking the court to invalidate a February 4 search warrant issued by an FCT Magistrate’s Court, citing material drafting errors, ambiguity, and a lack of probable cause.

He contends that the execution of the warrant violated his constitutional rights under Section 37, rendering any evidence obtained during the search inadmissible in future proceedings.

The former governor is seeking an injunction to bar the ICPC from utilizing any seized items and is demanding heavy financial restitution for the encounter.

His N1 billion claim includes N300 million for psychological trauma, N400 million in exemplary damages to deter law enforcement misconduct, and N300 million in aggravated damages for the “malicious and high-handed” nature of the operation.

Additionally, El-Rufai is requesting N100 million to cover his legal fees and the overall cost of the litigation.

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