Senior Advocate of Nigeria, 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 Charles Mekwunye, has called on the Nigerian judiciary to abolish the outdated practice of “trial within trial” in determining the admissibility of confessional statements.
He believes the law has moved on, and the courts must follow.
According to Mekwunye, the continued use of the common law procedure undermines statutory reforms and perpetuates injustice, especially for the poor and unrepresented.
The SAN spoke at the public presentation of the book: “Honourable Justice Olukayode Ariwoola, CJN, GCON Through the Cases,” which he co-authored with Ayo Olanrewaju, the Deputy Editor-in-Chief/Chairman, Editorial Board of the Nigerian Weekly Law Reports (NWLR).
Mekwunye 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 legislation and binding appellate judgments.
“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 defaulted to the obsolete method despite clear rulings from the Court of Appeal since 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 said.
Mekwunye urged heads of court to immediately guide their judges to stop relying on inadmissible confessions and align with existing law.
“We are throwing helpless Nigerians into prison based on confessions beaten out of them. This must end,” he said.
The event, which honoured 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 all 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 said the book also serves as a reminder to judges that their judgments are their legacies.
“We will celebrate your service, but we will also critique your rulings—not in newspapers, but in law faculties and appellate briefs,” he concluded.
