Senior Advocate of Nigeria (SAN), Dr. Charles Mekwunye, has called on the Nigerian judiciary to abolish the outdated practice of “trial within trial” in determining the admissibility of confessional statements.
![](https://thenigerialawyer.com/wp-content/uploads/2026/09/2026-IDRI-Masterclass.png")
According to him, the law has evolved and the courts must align with these developments.
Mekwunye argued that the continued reliance on the common law procedure undermines statutory reforms and perpetuates injustice, particularly for the poor and unrepresented.
The SAN made this call at the public presentation of the book “Honourable Justice Olukayode Ariwoola, CJN, GCON Through the Cases,” which he co-authored with Ayo Olanrewaju, Deputy Editor-in-Chief and Chairman of the Editorial Board of the Nigerian Weekly Law Reports (NWLR).
He said:
“The law of confession in Nigeria has changed.
Sections 15 and 17 of the Administration of Criminal Justice Act (ACJA) 2015 now require that confessions must be recorded electronically or made in the presence of a lawyer.
Anything short of that is inadmissible.”
Citing the Supreme Court’s decision in Charles v. People of Lagos State (2023), Mekwunye criticised lower courts for ignoring both legislative provisions and binding appellate decisions.
“Trial within trial has become a weapon of delay and injustice. It’s time we put it to rest,” he said.
He noted that many High Courts still default to the obsolete method despite clear rulings from the Court of Appeal, beginning with Zhiya v. People of Lagos State (2016).
“This is not just a legal error; it is a systemic failure that disproportionately harms the vulnerable,” he added.
Mekwunye urged heads of court to immediately guide their judges to cease reliance on inadmissible confessions and conform with existing laws.
“We are throwing helpless Nigerians into prison based on confessions beaten out of them. This must end.”
The event, which celebrated the judicial legacy of Hon. Justice Olukayode Ariwoola, Nigeria’s 22nd Chief Justice and Chairman of the Body of Benchers, also served as a platform for Mekwunye to raise broader issues in the justice sector.
He decried the plight of detainees held for years without trial, calling on President Bola Ahmed Tinubu to issue an Executive Order for the immediate release or arraignment of such individuals.
“These are not criminals; they are victims of poverty and neglect. No one with power or influence suffers this fate,” he said.
While praising Justice Ariwoola as a jurist of integrity and humility, Mekwunye added that the book also serves as a reminder to judges that their judgments are their enduring legacy.
“We will celebrate your service, but we will also critique your rulings—not in newspapers, but in law faculties and appellate briefs,” he concluded.
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation
______________________________________________________________________ “Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
