[DOWNLOAD] Abia CJ, Justice Onuoha Issues Practice Directions On Involuntary Confessional Statement, Abolishes Trial-Within-Trial

The Chief Judge of the Abia State High Court, Hon. Justice Onuoah A.K Ogwe has issued Practice Directions relating to objection as to the admissibility of a confessional statement by a Defendant, on the basis of involuntariness.

Meanwhile, the Practice Direction dated the 3rd day of June, 2020 made available to TheNigeriaLawyer revealed that, the practice of conducting Trial Within Trial in criminal trial which is always riddled with delay of the main trial is henceforth abolished within the State.

In addition, by Section 2, the objective and guiding principles of the Practice Direction is:

“[T]o expedite the trial of criminal cases by eliminating the delay occasioned in the proceedings by stopping the substantive proceedings and conducting a trial within trial when the Defendant raises objection to the admissibility of a confessional statement on the ground that same was not obtained voluntarily.”

However, by virtue of Section 1 of the Practice Direction, the Direction only applies to all criminal matters within Abia State with the exception of part heard matters, in the event that the Prosecution has closed its case.

Furthermore, by this new Direction and pursuant to section 3(1) thereof, the new procedure is that where a Defendant intends to object to the admissibility of a confessional statement on the basis of involuntariness at the trial, upon being served with the charge or information by the prosecution and not later than 14 days or as may be permitted by Court, he now has an obligation to notify the Prosecution using the prescribed form in the schedule to the Direction of such intention to raise an objection.

Also, where the Defendant desires to file an interlocutory application in a criminal matter, by Section 3(3) of the new Direction, he has a duty to specifically state whether or not the Direction applies thereto and if it does, whether he has complied with the requirement.

Besides, the new procedure according to Section 4 of the Direction is that, where the Prosecution is in prior receipt of the Defendant’s notice to object to the admissibility of the confessional statement on the basis of involuntariness, it shall lead evidence at once together with the main trial. Hence, obviating the need for trial within trial.

Furthermore, the Defendant in the process of his defense now has a duty to defend the merit of the charge against him and also lead evidence to show that the confessional statement was indeed involuntarily obtained.

Also, the Prosecution and the Defendant at the end of the trial are expected to file their final written addresses and also, to incorporate their arguments on the admissibility of the confessional statement in the said addresses.

Finally, therefore, “the Court shall in the final judgement in the matter include its ruling on the admissibility or otherwise of the said confessional statement.”

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