ANALYSIS OF CHILDREN'S EVIDENCE IN NIGERIAN COURTS: FOCUSING ON THE EVIDENCE ACT 2011

Moses OMOZUE

Abstract


The purpose of this article is to examine the evidence of children in Nigerian courts, with a particular focus on the Evidence Act of 2011. Under the Evidence Act of 2011, this study addresses a witness's competency and compellability. This research was conducted using a doctrinal method, which included the use of text books, papers, journals, and internet-based materials. Evidence can refer to evidence given in court by a witness, or it can refer to legally admissible testimony presented to the court. This proof could come from a child who was either the victim or was present at the time of the transactions. A youngster who, due to his age, is unable to understand or respond rationally to questions posed to him is not a competent witness. The fact that no age is either specified or intended in the Evidence Act is noteworthy. As a result, it is the responsibility of the court before which a child appears for the purpose of providing evidence to assess first and foremost whether the child is enough intellectual to understand or respond logically to questions posed to him. The court accomplishes this by asking the youngster a series of questions that may or may not have anything to do with the case at hand. A competent witness can be an adult, a kid, or an elderly person. This report concludes by recommending that a separate law governing children's competency rules be enacted, analogous to the Youth Justice and Criminal Evidence Act of 1999 in England and Wales.

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