CONFESSION OF ONE OF THE ACCUSED PERSON AGAINST ANOTHER PERSON IN COMMON AND ISLAMIC LAW

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Department of Law

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

100 INTRODUCTION

110 BACKGROUND TO THE STUDY

120 FOCUS OF THE STUDY

130 SCOPE OF THE STUDY

140 METHODOLOGY

150 OBJECTIVE OF THE STUDY

160 LITERATURE REVIEW

170 DEFINITION OF TERMS

180 CONCLUSION

CHAPTER TWO

THE CONCEPT OF CONFESSION IN COMMON AND ISLAMIC LAW

200 INTRODUCTION

210 DEFINITION OF CONFESSION

211   LEGAL BASIS OF CONFESSION IN  ISLAMIC LAW

212     QUR’AN

213      SUNNAH

214    IJMA

220 DISTINCTION BETWEEN ADMISSION  AND CONFESSION

221     NATURE OF CONFESSION

222     VOLUNTARINESS OF  CONFESSION

223   PROBLEMS OF INTERPRETATION OF VOLUNTARINESS

230    TEST OF ADMISSIBILITY OF  CONFESSION

231  INDUCEMENT

232  THREAT OR PROMISE

233  PERSON IN AUTHORITY

234  COMPONENTS OF CONFESSION IN  ISLAMIC LAW  (ARKANUL-AL-IQRAR)

235   CONDITION OF VALIDITY OF CONFESSION  IN ISLAMIC LAW   (SHURUT-AL-IQRAR)

2 36    INDIVISIBILITY OF CONFESSION

237     DELAY IN CONFESSION

238  QUANTUM OF CONFESSION

239  PRIOR COMPLAINT

240 CONFESSION MADE AFTER THREAT  HAVE CEASED TO EXIST

241     CONFESSION MADE UNDER    OF SECRECY OR OUT OF DECEPTION

250    CONFESSION IMPLICATING A  CO-ACCUSED

251     TENDER OF PARDON TO AN ACCOMPLICE

260 FACT DISCOVERED IN CONSEQUENCE OF INFORMATION GIVEN  BY THE ACCUSED

270 EVIDENCE IN ORDER PROCEEDING  AMOUNTING TO CONFESSION

280 RETRACTION FROM CONFESSION  IN ISLAMIC LAW

281   EFFECT OF CONFESSION

290    CONCLUSION

CHAPTER THREE

CONFESSION OF ONE OF THE ACCUSED PERSON AGAINST ANOTHER PERSON IN COMMON AND SHARIA LAW
300 INTRODUCTION

310 POSITION OF THE LAW ON THE CONFESSION OF THE ACCUSED AGAINST ANOTHER PERSON

311 EVIDENCE THAT IS UNLAWFULLY OBTAINED FROM THE ACCUSED

312     RIGHT OF THE ACCUSED

320     RELATIVITY OF CONFESSION IN COMMON AND  SHARIA LAW

330  THE DISTINCTION BETWEEN THE CONCEPT OF CONFESSION IN COMMON  AND ISLAMIC LAW

340      CONCLUSION

CHAPTER FOUR

APPLICABILITY OF CONFESSION OF ONE OF THE ACCUSED PERSON AGAINST ANOTHER PERSON IN COMMON AND ISLAMIC LAW

400 INTRODUCTION

410 APPLICABILITY UNDER  COMMON LAW

411 THE JUDGES’ RULES

412 APPLICATION OF THE JUDGES’ RULES  IN NIGERIA

420 JUDICIAL DISCRETION

430 APPLICABILITY UNDER  ISLAMIC LAW

440 CONCLUSION

CHAPTER FIVE

CONCLUSION AND RECOMMENDATION

500 CONCLUSION

510 RECOMMENDATION

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