WHEN TO OBJECT TO A CONFESSIONAL STATEMENT

Saheed Afeez Ayinde

DEEMLAWFUL

The court in this case had rejected the objection raised by the Appellant counsel not because of lacking merit but overdue of time.

The Counsel in this case had failed to object to a confessional statement during the course of proceedings in the lower court (court of first instance). Hence, before the said confessional statement was admitted as evidence.

Upon appeal, the court had this to say in declining the request of the concerned Counsel: Oseni V State (2012) LPELR-7833(SC).

Wherein sir I.T Muhammad JSC observed

There was no objection to the admissibility of the Appellants confessional statement. It is rather too late to raise such an issue on appeal. It {is} regrettable thatAppellants counsel at the trial stage did not object to the admissibility of [this] confessional statement, yet he went on to blame the trial Court in not treating Appellants confessional statement with utmost caution.

It will appear to be too late in the day to seek to supply a remedy to a dented or a crucified matteI: which can hardly be revived… It is too late to seek to retract such confessional statement after its admission without objection from the defence. It is always taken as an afterthought, which Courts are not ready to accommodate.