Can the Nigerian Police Use a Forced Confession to Convict you?

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Under Nigerian law, if the police beat, torture, or threaten you into making a confession and signing a confessional statement, that confession cannot be used against you in court. 

However, if the police find stolen items on you shortly after a crime, the court can still presume you are guilty unless you prove how you got them.

Take for instance a situation where a suspect is arrested by the police in Nigeria. During the interrogation, the suspect was beaten or threatened until he sign a written confession. Later in court, the suspect tells the judge, "I only signed that because they tortured me." Does the law accept that confession? And what happens if the police actually found stolen goods with the suspect?

The Supreme Court dealt with these exact questions in plethora of cases. One of such is the case of Umar v. State. Here is a breakdown of your rights based on that judgment.

What the Court Decided

Admissibility of Forced Confessions

In this case, the suspect, now Appellant in this appeal at the supreme court argued that his confessional statement was not given voluntarily. 

The Supreme Court reaffirmed that for a confession to be valid, it must be free and voluntary. If there is any evidence of threat, promise, or torture by the police, the statement is legally useless.

To stop a forced confession from being used against you, your lawyer must object to it immediately during the trial. This forces the judge to hold a special mini-trial called a "trial within trial" to investigate if the police used force. If you don't object early, the court may accept it.

The Doctrine of Recent Possession

Even without the confession, the police found the stolen items with the suspect shortly after the crime occurred. Section 167(a) of the Evidence Act contains a rule called the "Doctrine of Recent Possession."

What it means to you: If a robbery happens today, and the police catch you tomorrow holding the stolen goods, the law automatically presumes you are either the thief or you knowingly received stolen property. The burden shifts to you to explain to the court a legitimate way you got those items. Because the suspect in Umar v. State could not give a reasonable explanation, he was still convicted.

Key Takeaways for Everyday Nigerians

Know Your Rights: You have the constitutional right to remain silent when arrested. You also have the right to demand that your lawyer be present before you write or sign any statement at a police station.

Buying Second-Hand Goods: Always demand receipts when buying used phones, laptops, or cars in Nigeria. If those items turn out to be stolen, the Doctrine of Recent Possession means you could face armed robbery or handling charges unless you can prove exactly who sold them to you.


This post is intended for general informational and educational purposes only. It does not constitute legal advice.

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