AN ANALYSIS OF COMPETENCE AND COMPELLABILITY OF CHILD/JUVENILE EVIDENCE IN NIGERIA AND OTHER SELECTED JURISDICTIONS

Abstract

In a court of Law the importance of witnesses cannot be over emphasised because they form the determining factor for the success or failure of a case on trial. All facts must be supported by the testimony of an independent witness void of all external interferences that may taint his testimony and every witness is competent unless it has been proven otherwise but not all witnesses are compellable. This study examines the concept of compellability and competence of witnesses as well as who a child is under the law, the competence of child witnesses, the admissibility of child evidence and the corroboration of child evidence etc. In Nigeria the Evidence Act of 2011 disqualifies persons who by virtue of tender years are prevented from understanding questions put to them or from giving rational answers to those questions. A child of tender years may be a key witness to a case and may be the only means of the law ensuring justice upon its decision of such a case, but the law has already disqualified he/she from being regarded as a credible and competent witness. This study recommends that each case be treated on its merit: a child of tender years should not be disqualified unless he/she has been tested and failed. The requirement of corroboration for the admissibility of child evidence in criminal cases should also extend to civil cases and also apply to the sworn evidence of children above the age of 14 and the research concludes that the term �a child of tender years� should be adequately defined and the requirement of corroboration as a matter of Law and Practice be reviewed in Nigeria.

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Resource ID

urn:uuid:a0910b5c-4aac-48aa-a4d7-6e2703ff6439