Post by AOJ LAW LOUNGE (@aojlawlounge)

DISTINCTION BETWEEN EXTRA-JUDICIAL STATEMENT OF CO-ACCUSED AND EVIDENCE ON OATH OF CO-ACCUSED:

There is a gulf of difference between an extrajudicial statement made by a co-accused and evidence given by a co-accused on oath.

An extra-judicial statement by a co-accused remains a statement and not his evidence. It is binding on the maker only. A statement made to the police during the investigation of a case may amount to an admission. Such a statement is evidence against the maker on that score. But such a statement is definitely not evidence against a co-accused. In fact, it is inadmissible against a co-accused.

However, if a co-accused during trial goes into the witness box and repeats on oath what he had told the police in his statement, then that evidence becomes evidence for all purposes including being evidence against a co-accused.

Sunday v. State (2021) 16 NWLR (Pt. 1800) 411

-Courtesy of Nigerian Weekly Law Report (NWLR)

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