AN APPRAISAL OF ELECTRONIC RECORDING OF CONFESSIONAL STATEMENTS IN NIGERIA

Abstract

Many times statements made by suspects at the preliminary stage of investigation of a crime are obtained by duress and intimidation, and are therefore involuntary and inadmissible as evidence before a trial court. For the purposes of transparency, accountability and legal integrity, the draftsmen deemed it expedient to make provision for electronic recording of confessional statements in the 2015 Administration of Criminal Justice Act (ACJA), section 15. The law was promulgated to ensure that confession process are conducted fairly, preventing coercion and abuse. Electronic recording served as a reliable and unbiased record, reducing the likelihood of false confessions and aiding in the pursuit of justice. Additionally, these recordings can be valuable evidence in court, providing an accurate representation of the confession and enhancing the overall reliability of the criminal justice system. However, the provisions of section 15 are still not fully complied with. This work therefore, did an appraisal of electronic recording of confessional statements in Nigeria and some other jurisdictions with a view to improving the law and its implementation in Nigeria. With the use doctrinal research methodology, the work reviewed primary and secondary materials on the subject. It was observed that the law on electronic recording of confessional statements in Nigeria is inadequate, both in content and application by the institutions involved in administration of criminal justice. It therefore proffered some solutions to the short comings in the law and implementation in Nigeria, recommending inter alia that the legislation (ACJA) should be modified and made more effective to reflect the lawmakers’ true, plain, and unambiguous intentions. The Evidence Act should also be amended to include the provision of the law on electronic recording of confessions. There should be training and retraining of police officers and officers of relevant law enforcement agencies on the use and maintenance of electronic recording devices as required.