ABUJA: A former judge of the Kogi High Court, Justice Alaba Omolaye-Ajileye, has asserted that electronic recording of confessional statements during criminal investigations in an audio-visual format is now a mandatory requirement. This statement was made during the 2024 edition of the 6th Annual Criminal Law Review Conference (ACLRC) organized by the Rule of Law Development Foundation (RLDF) on Wednesday in Abuja.
According to News Agency of Nigeria, Justice Omolaye-Ajileye emphasized that electronic recordings would significantly reduce the number of trial-within-trial proceedings and decrease the duration of court cases. He remarked, “Confessional statements are crucial components of criminal trials. The confessional statement of a defendant, if voluntarily made, holds 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 present, th
en that statement should be legally admitted.”
Justice Omolaye-Ajileye further highlighted that there is no necessity for studio setups, as most individuals possess smartphones capable of capturing evidence of confessional statements.
Additionally, DCP Simon Lough, SAN, Head of Nigeria Police Force Legal Chamber, affirmed that Sections 15 and 17 of the Administration of Criminal Justice Act ensure that evidence of recorded confessional statements is admitted without necessitating a trial within trial. He stated, “Therefore, to reduce the long-term stress of trial within trials, confessional evidence statements will make things easier. It is highly commendable and supported for every state to adopt it so as to ensure that justice is served.”
DCP Lough also encouraged senior judicial officers to ensure compliance with the provisions of Section 15 and Section 17.
The News Agency of Nigeria reports that in numerous court cases, an objection by an accused that a statement was taken forcefully requires a tria
l within trial to be conducted. The Supreme Court recently ruled on September 24, establishing 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 emphasized the obligatory nature of this requirement, in accordance with sections 15(4) and 17(1) and (2) of the Administration of Criminal Justice Act 2015 (ACJA). This decision leaves no room for discretion, as failure to comply renders the confessional statement inadmissible in court.