Confession Of One Of The Accused Person Against Another Person In Common And Islamic Law
Under the two laws, confession is a statement by suspect in crime which is adverse to that person. It is a form of evidence that is acceptable because of its objectivities. Confessional statement is admissible in any proceedings as long as it is made to a person in authority and it is relevant to the matter in issue. Confession of an accused may be excluded if the person who made such statement was oppressed. The persons who can make confessions are the accused or co-defendant. Thus, a conviction could be based upon confessional statement of an accused.
Confession of one of the accused person against another, in common and Islamic law does not have practicable effect because confession as a principle of law is only used in the law of criminal evidence where by the statement of an accused strictly binds him alone and not his co-defendant except if the co-defendant adopt such statement that has been made by the accused, except this, the accused confessional statement cannot be used against any other person.
However, despite this similarity between the two concepts there are still areas of differences that linger on between the concepts.
Conclusion and Recommendation
This Long-Essay, as this project is being referred to, bothers on confession of one of the accused person against another person in common and Islamic law. It discussed in detail the concept of confession and its applicability in the two laws from its chapter one to five.
Chapter one is the introductory chapter that gives insight as to the form the project work will take. It does this by given the background to the study, aims, objectives, focus, scope, methodology, literature review and definition of terms.
The second chapter gives a full detail of the concept confession in both common and sharia law. It gives the definitions, the legal basis and the authority of the concept through statutory and case law‟s aids and also
explains the effect of the concept.
The third chapter features the insight as to the position of law concerning the concept of confession of the accused person against another person. It leaps into how confessions are gotten out of the accused by the law enforcement agencies and also considers the similarities and differences between the two concepts.
The fourth chapter reflects on the applicability of confession in both common and Islamic law. It bases its rule of application on the judges‟ rules and judicial discretion which makes confession to be a practicable concept in Nigeria law courts. The fifth chapter gives recommendation and conclusion like any other project work.
On a final note, confession like many other form of evidence is use as a form of proof in criminal matters. It‟s a kind of concept if used judiciously could grounds a verdict without any corroboration.
Having gone through the concept of confession in the two laws and understanding what its really entails and owing to the fact that, in both Common and Sharia Law, the concept is very similar in principles and the only difference is attribute of confession in Islamic law that gives the accused person the opportunity of retracting his confessional statement before the administration of punishment.
However, my recommendation for this beautiful form of evidence in any criminal matter is that, it is best merged together as a concept in Nigeria. The implication of this merging will mean that the principle of retraction as it was laid down in the Islamic law concept of confession will be adopted also into the common law concept and this might help in regaining the status of confession as a reliable form of evidence as it is prescribed in principle but never in practical.
It is a well known fact, especially in Nigeria, that the way police intimidate and manipulate accused persons into answering the question put to them to get confession out of them is not in any way as it was laid down in principles. Even with the adopted concept of the Judges‟ Rules. Thus, if retraction is made as an option, though not in every circumstance, may be confession could have been the form of evidence ever in attaining justice in our judicial system. This is my submission.
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