Examining the Importance of Trial within Trial in Nigerian Criminal Justice System: A Critical Assessment of its Implications and Applications

Authors

  • Chidimma Stella Nwakoby Faculty of Law, Chukwuemeka Odumegwu Ojukwu University, Igbariam Campus, Anambra State.

Keywords:

Confessional Statement, Trial, Criminal Law, Jurisprudence, Evidence

Abstract

It is quite unfortunate that there are persons who have been wrongfully convicted of crimes they did not commit as a
result of extraction of indicting confessional statement under duress. Trial within trial in a criminal proceeding puts
to a pause, an ongoing trial in order to determine the voluntariness of a confessional statement presented before the
court as evidence against the defendant. This study examined the concept of trial within trial in the context of
Nigerian criminal justice system and discovered systemic abuse of the procedures for the extraction of confessional
statement. Hence, the study recommended stringent application of the extant procedures and further reforms to
improve the effectiveness and fairness of trial within trial in Nigeria.

Author Biography

  • Chidimma Stella Nwakoby, Faculty of Law, Chukwuemeka Odumegwu Ojukwu University, Igbariam Campus, Anambra State.

    Chidimma Stella Nwakoby, LL.B, BL, LL.M, PhD, MCArb, Lecturer, Department of Commercial and Property Law, Faculty of Law, Chukwuemeka Odumegwu Ojukwu University, Igbariam Campus, Anambra State.

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Published

2024-11-15

Issue

Vol. 11 No. 4 (2024): NNAMDI AZIKIWE UNIVERSITY JOURNAL OF COMMERCIAL AND PROPERTY LAW

Section

Articles