Supreme Court sets guidelines for confessional statements in Nigeria

A recent article by Ebun-Olu Adegboruwa, SAN, delves into the Supreme Court's decision in Hussaini v State (2026) 3 NWLR (Pt. 2031) 199. This landmark ruling establishes clear, practical guidelines for the proper acquisition and admission of confessional statements in criminal proceedings. The decision is particularly vital for investigators, prosecutors, and defense attorneys handling cases involving illiterate defendants.

The article emphasizes that the investigation, arrest, detention, and interrogation phases are critical in criminal prosecution. It notes that the Administration of Criminal Justice Act 2015 and similar state laws have attempted to streamline interrogation processes, including the use of video evidence. However, the Hussaini v State case provides fundamental principles that all legal professionals should understand, especially when dealing with vulnerable individuals.

The case facts involve an appellant and co-defendants accused of conspiracy, culpable homicide, and armed robbery. They allegedly robbed and fatally stabbed Tijjani Mohammed in June 2016. The Supreme Court's decision aims to promote procedural adherence and reduce avoidable technical acquittals, which can be deeply distressing for victims' families and the state, given the resources expended on prosecution.

The author stresses that overlooking these procedural safeguards can lead to cases collapsing on technicalities, despite the efforts of law enforcement and the gravity of the offenses. The guidelines are intended to ensure fairness and reduce the risk of wrongful acquittals stemming from improper interrogation techniques, particularly concerning individuals who cannot read or write.