FOR THE RECORD: Supreme Court Rules That Suspects’ Confessional Statements Must Be Video Recorded: ‘No Video, No Valid Confession’
In a landmark decision aimed at protecting the constitutional rights of crime suspects against potential abuses by law enforcement, the Supreme Court of Nigeria has ruled in *F.R.N. v. Akaeze* [2024] 12 NWLR (Pt. 1951) 1 that confessional statements made by suspects must be recorded electronically in an audio-visual format. The ruling reinforces that the failure to comply with this legal requirement invalidates any confessional statement obtained.
The Court emphasized that the duties of law enforcement agencies are outlined in Sections 15(4) and 17(1) & (2) of the Administration of Criminal Justice Act (ACJA) 2015, which impose a mandatory obligation to record confessional statements visually and audibly during criminal investigations. This ruling builds upon a previous Supreme Court judgment, *Friday Charles v. The State of Lagos* (2023) 13 NWLR (Pt. 1901) 213.
Key Legal Provisions
Section 15(4) stipulates that when a suspect voluntarily makes a confessional statement, it must be recorded in writing and can also be captured electronically:
“Where a suspect who is arrested with or without a warrant volunteers to make a confessional statement, the police officer shall ensure that the making and taking of the statement shall be in writing and may be recorded electronically on a compact disc or through other audio-visual means.”
Similarly, Section 17(2) mandates that such statements be taken in the presence of a legal practitioner of the suspect’s choice or a representative from the Legal Aid Council of Nigeria.
Justice Saulawa, delivering the lead judgment, stated, “Failure to perform the act in accordance with the dictates of those provisions of the law would be deemed a flagrant non-compliance with the law.”
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Justice Ogunwumiju concurred, highlighting the mandatory nature of the word “shall” in the legislation. She noted that the law seeks to guard against situations where confessions might be extracted through torture or duress, thus safeguarding the rights of defendants and enhancing the integrity of the judicial process.
Case Background
In the case before the court, the respondent was charged with conspiracy and failing to declare a substantial sum to the Nigeria Customs Service during an international flight. The prosecution attempted to admit extra-judicial statements made by the respondent, which the defense challenged as involuntary and non-compliant with the ACJA.
The trial court initially allowed the confessions, citing insufficient evidence of coercion. However, the Court of Appeal overturned this decision, emphasizing the mandatory requirement for proper recording procedures and invalidating the prosecutions’ evidence. The appellant’s subsequent appeal to the Supreme Court was dismissed.
Implications of the Ruling
The Supreme Court’s decision firmly establishes that law enforcement agencies in Nigeria cannot arbitrarily decide whether or not to record confessional statements. The ruling ensures that any confession obtained without video documentation is rendered inadmissible in court, thus upholding the rights of suspects and fostering greater accountability within law enforcement.
This affirmation of procedural requirements aims to minimize incidents of coercion and erroneous confessions, which have historically plagued Nigeria’s criminal justice system. Legal experts anticipate that this ruling will significantly affect how confessional evidence is treated in Nigerian courts and may lead to increased adherence to due process during police interrogations.
As the Nigerian judiciary continues to navigate the balance between effective law enforcement and the protection of individual rights, this ruling marks a significant step towards enhancing the integrity of the country’s criminal justice framework.
By PRNigeria
