Introduction
In the heart of Nigeria’s criminal justice system lies a troubling paradox that continues to undermine the integrity of police investigations and the prosecution of crimes. This paradox is the persistent and habitual reliance by law enforcement agencies, particularly the Nigerian Police Force, on extrajudicial statements of witnesses obtained during investigations, which are subsequently presented to the court by the prosecution with unwavering confidence as definitive evidence capable of securing a conviction. The sole reliance on these statements creates a situation where the trial is compromised from the outset by evidence obtained without observing essential legal safeguards, and by implication, prioritizing such witnesses’ extrajudicial statements over thorough investigations and/or corroborating material evidence.
This article debunks the myth that a witness’s extrajudicial statement is the prosecutorial silver bullet. It critically examines the admissibility and evidential value of such statements, while issuing a clarion call to law enforcement agencies, particularly the Nigerian Police, to reduce their overreliance on them in criminal trials. It further urges the judiciary, particularly the magistrate courts, to adopt a more discerning approach when confronted with these statements, ensuring that procedural shortcuts do not compromise justice.
What is an Extrajudicial Statement?
An extrajudicial statement is any utterance (usually in writing), including a confession, narration, admission of guilt, or other remarks made outside the courtroom, to a prosecutor, police officers, or investigators, regarding a crime incident. According to Black’s Law Dictionary, an extrajudicial statement is any utterance made outside of the court.
In criminal jurisprudence, these statements are usually obtained from witnesses, victims, suspects, and/or persons accused during investigations of crime by the police and are often regarded as key pieces of evidence in uncovering the facts of a case. It is important to state that, for the Nigerian criminal jurisprudence, an extrajudicial statement can qualify as a confessional statement, an ordinary statement, or a witness statement. In this regard, a confessional statement is an utterance made by an accused person that unequivocally admits to the commission of the crime. It must be clear, direct, unambiguous, and voluntarily made to qualify as a confessional statement. Confessional statements constitute the most compelling form of evidence upon which a trial court may rely to convict an accused.
