CONFESSION OF ONE OF THE ACCUSED PERSON AGAINST ANOTHER PERSON IN COMMON AND ISLAMIC LAW
ABSTRACT
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.
TABLE OF CONTENTS
ABSTRACT
TABLE OF CONTENTS
TABLE OF CASES
TABLE OF STATUTES
LIST OF ABBREVIATIONS
CHAPTER ONE
GENERAL INTRODUCTION
1.0.0 INTRODUCTION
1.1.0 BACKGROUND TO THE STUDY
1.2.0 FOCUS OF THE STUDY
1.3.0 SCOPE OF THE STUDY
1.4.0 METHODOLOGY
1.5.0 OBJECTIVE OF THE STUDY
1.6.0 LITERATURE REVIEW
1.7.0 DEFINITION OF TERMS
1.8.0 CONCLUSION
CHAPTER TWO
THE CONCEPT OF CONFESSION IN COMMON AND ISLAMIC LAW
2.0.0 INTRODUCTION
2.1.0 DEFINITION OF CONFESSION
2.1.1 LEGAL BASIS OF CONFESSION IN ISLAMIC LAW
2.1.2 QUR’AN
2.1.3 SUNNAH
2.1.4 IJMA
2.2.0 DISTINCTION BETWEEN ADMISSION AND CONFESSION
2.2.1 NATURE OF CONFESSION
2.2.2 VOLUNTARINESS OF CONFESSION
2.2.3 PROBLEMS OF INTERPRETATION OF VOLUNTARINESS
2.3.0 TEST OF ADMISSIBILITY OF CONFESSION
2.3.1 INDUCEMENT
2.3.2 THREAT OR PROMISE
2.3.3 PERSON IN AUTHORITY
2.3.4 COMPONENTS OF CONFESSION IN ISLAMIC LAW (ARKANUL-AL-IQRAR)
2.3.5 CONDITION OF VALIDITY OF CONFESSION IN ISLAMIC LAW (SHURUT-AL-IQRAR)
2.3.6 INDIVISIBILITY OF CONFESSION
2.3.7 DELAY IN CONFESSION
2.3.8 QUANTUM OF CONFESSION
2.3.9 PRIOR COMPLAINT
2.4.0 CONFESSION MADE AFTER THREAT HAVE CEASED TO EXIST
2.4.1 CONFESSION MADE UNDER OF SECRECY OR OUT OF DECEPTION
2.5.0 CONFESSION IMPLICATING A CO-ACCUSED
2.5.1 TENDER OF PARDON TO AN ACCOMPLICE
2.6.0 FACT DISCOVERED IN CONSEQUENCE OF INFORMATION GIVEN BY THE ACCUSED
2.7.0 EVIDENCE IN ORDER PROCEEDING AMOUNTING TO CONFESSION
2.8.0 RETRACTION FROM CONFESSION IN ISLAMIC LAW
2.8.1. EFFECT OF CONFESSION
2.9.0 CONCLUSION
CHAPTER THREE
CONFESSION OF ONE OF THE ACCUSED PERSON AGAINST ANOTHER PERSON IN COMMON AND SHARIA LAW
3.0.0 INTRODUCTION
3.1.0 POSITION OF THE LAW ON THE CONFESSION OF THE ACCUSED AGAINST ANOTHER PERSON
3.1.1 EVIDENCE THAT IS UNLAWFULLY OBTAINED FROM THE ACCUSED
3.1.2 RIGHT OF THE ACCUSED
3.2.0 RELATIVITY OF CONFESSION IN COMMON AND SHARIA LAW
3.3.0 THE DISTINCTION BETWEEN THE CONCEPT OF CONFESSION IN COMMON AND ISLAMIC LAW
3.4.0 CONCLUSION
CHAPTER FOUR
APPLICABILITY OF CONFESSION OF ONE OF THE ACCUSED PERSON AGAINST ANOTHER PERSON IN COMMON AND ISLAMIC LAW
4.0.0 INTRODUCTION
4.1.0 APPLICABILITY UNDER COMMON LAW
4.1.1 THE JUDGES’ RULES
4.1.2 APPLICATION OF THE JUDGES’ RULES IN NIGERIA
4.2.0 JUDICIAL DISCRETION
4.3.0 APPLICABILITY UNDER ISLAMIC LAW
4.4.0 CONCLUSION
CHAPTER FIVE
CONCLUSION AND RECOMMENDATION
5.0.0 CONCLUSION
5.1.0 RECOMMENDATION
BIBLIOGRAPHY
ARTICLES ON THE INTERNET
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