Audio-visual recording of confessional statements is a mandatory obligation, says ex-judge

A former judge of the Kogi High Court, Justice Alaba Omolaye-Ajileye, has said that electronic recording of confessional statement of suspects during criminal investigations in an audio-visual format is a mandatory obligation.

Omolaye-Ajileye made this known 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-trial and also reduce the duration of cases in courts.

“Confessional statements are crucial components of criminal trials.

“The confessional statement of a defendant if voluntarily made and 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 statements should be legally admitted”.

He added that there is no need for studio establishment as most people have smart phones and can take evidenced record of the confessional statements.

Also speaking, DCP Simon Lough, SAN, Head of Nigeria Police Force Legal chamber said Sectpon 15&17 of the administration of criminal justice act ensures that evidence of confessional statements recorded are admitted without the need for trial within trial.

“Therefore, to reduce the long-term stress of trial within trials confessional evidence statement will make things easier.

“It is highly commendable and supported for every state to adopt it so as to ensure that justice is served.

He urged the senior officers to ensure that the provision of section 15 and section 17 are complied with.

BRANDECONOMY reports that in most court cases, once an accused raises an objection that a statement is taken forcefully, a trial within trial must be conducted.

BRANDECONOMY reports that the Supreme Court in a landmark ruling on Sept. 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 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.