Trial-Within-Trial

Different considerations and principles of law govern the admissibility of a confessional statement disowned and one objected to as involuntarily made, see lkpasa V. Bendel State (1981) NSCC 300, where Udoma, JSC, explained:
A distinction is usually drawn as regards practice and procedure in relation to the admissibility of a confession in evidence between a confession objected to on the ground that it was not made at all by an Accused, in which case such a confession may be said to have been retracted, and a confession objected on the ground that it was not voluntary in that although an Accused Person agreed to have made the confession, his complaint would be that he was forced or induced to make it. In the latter case, what is attacked is the admissibility in evidence of the confession and, therefore, a trial within trial must be held, the confession having been challenged on voi dire so as to determine whether or not the confession was voluntary. lf at the end of trial, the Court comes to the conclusion that the confession was not voluntary, then it is not admissible in evidence, and the Court should so rule. In the former case, where the confession is wholly retracted, the question as to whether or not the confession is admissible in evidence does not arise for decision at all. The trial Judge is entitled to admit the confession in evidence as something, which had occurred in the course of the investigation conducted by the Police and thereafter to decide or find a matter of fact at the conclusion of the case as to whether or not, in all the circumstances, the Accused Person did make the statement as alleged by the Police.
In other words, where the Accused Person contends that he did not make the confession at all, the trial Court is entitled to admit it in evidence, and thereafter, decide whether or not he had made the statement at the conclusion of the trial. A trial-within-trial is therefore, not required or called for in such circumstances.
On the other hand, where the Accused Person agreed that he made the Confession but complains that he was forced or induced or tortured to make it, this calls into question the admissibility or otherwise of the Statement, and the trial Court must hold a trial-within-trial to determine its admissibility in evidence.