COMPETENCE AND COMPELLABILITY OF CHILD EVIDENCE IN NIGERIA

EMEHELU, CHIOMA ANITA (2026) COMPETENCE AND COMPELLABILITY OF CHILD EVIDENCE IN NIGERIA. Other thesis, Godfrey Okoye University, Enugu.

Text Chiomas final copy.pdf Download (558kB)

Abstract

The competence and compellability of a child witnesses constitute a critical aspect of the law of evidence in Nigeria, in criminal proceedings which involves offences against children and other vulnerable persons. In the past, the admissibility of child evidence was approached with caution because it was believed to unreliable as well as susceptibility to influence. This research investigates the rules which regulate when children may give evidence in legal proceedings in Nigeria and when they can be required to appear as witnesses. It focuses on the provisions of the Evidence Act (EA) 2011, decided cases, and international instruments which protects the rights of children. This study is library based. Thus, the work adopts a doctrinal methodology. It is descriptive and evaluative. To examine the subject matter, the research relies on materials drawn from primary and secondary sources. It considers the legal standards adopted by the courts in assessing whether a child is fit to testify, including the child’s mental capacity, level of awareness, ability to understand questions, and appreciation of the obligation to give truthful evidence. It also considers the situations in which a child witness may be required by law to give testimony before a court. Furthermore, the study considers the role of sworn and unsworn evidence and the need for corroboration in child testimony. The findings reveal that the EA 2011 has modernised the approach to child evidence by relaxing rigid age-based restrictions. However, challenges persist due to judicial discretion. More so, competence tests has been applied inconsistently, and the procedures are not child-friendly. The study recommends that there should be clearer statutory guidelines; there is also need for specialised training for judges and judicial staffs; and protective measures should be adopted to safeguard the interests of child witnesses. This research concludes that there is need to strengthen the legal regime on the competence and compellability of child evidence. This would ensure that there is fairness in trials as well as protect children within the justice system in Nigeria.

Item Type:	Thesis (Other)
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law, Arts and Social Sciences > School of Law
Depositing User:	COMFORT AJALA
Date Deposited:	24 Jul 2026 12:16
Last Modified:	24 Jul 2026 12:16
URI:	http://eprints.gouni.edu.ng/id/eprint/5954

Actions (login required)

View Item