RECONCILING THE CONFLICT IN THE INTERPRETATION OF SECTION 15(4) OF THE ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015 ON OBTAINING OF CONFESSIONAL STATEMENT UNDER NIGERIA’S CRIMINAL JURISPRUDENCE

Abstract

Where a suspect is arrested by any of the law enforcement agencies in Nigeria, it is usual practice for the suspect to write a statement. There have been cases of suspects being coerced, cajoled and manipulated to write statement. To ensure that this practice is checked, in 2015, when the Administration of Criminal Justice Act, 2015 (the ACJA, 2015) was enacted, it provided that the taking of such confessional statements, may be recorded in audio-visual format while the Administration of Criminal Justice Law of, Lagos State, 2011, /provides that the taking of the same statement must be in audio-visual format. The Court of Appeal in decided the position under the ACJA, 2015, have held in some cases that it is optional to record a confessional statement in audio-visual format and in other cases, it has held that it is mandatory thereby creating a conflict as to the nature of the requirement. This paper, adopts doctrinal method in evaluating the correct interpretation of section 15(4) of the ACJA, 2015 by examining the decision of the Supreme Court of Nigeria in Charles v. The State of Lagos. The paper also analysed the nuances of confessional statement under Nigerian law and its utilitarian value. It found that the controversy brought about by conflicting decisions of the Court of Appeal has been resolved by the SCN when it held that it is mandatory for confessional statements to be recorded in audio-visual format and not discretional notwithstanding that “may” was deployed. The paper recommends sensitisation of security personnel, provision of needed recording apparatuses as way-forward.