the evidence Section 209 thereof. We are ready to
take him.
M.I. Hanafi Esq:
No objection.
Court:
By virtue of Section 175(1) of the Evidence Act
2011, all persons are competent to testify before a
trial court unless the court considers that the witness
for reasons of old age or tender age is in able to
understand the questions put to him or unable to
give rational answers to the questions put to him. By
virtue of Section 209(1) of the same Evidence Act,
2011, a child who has not attained the age of 14
years shall not be sworn and shall give evidence
otherwise than on oath or affirmation if in the
opinion of the court the child is possessed of
sufficient intelligence and understands the duty of
speaking the truth to justify the reception of his
evidence through a preliminary question and answer
session to be conducted by the trial court.
Consequent upon the foregoing, this court as a
matter of legal requirement and as a condition
precedent, will conduct same preliminaries through
questions and answer session to be conducted by this
court with a view to ascertain whether or not the
witness will understand the questions that will be put
to him as well as be able to give rational answers to
them including his ability to appreciate the duty of
speaking the truth for the purpose of deciding
whether or not the witness is competent to give his
oral testifying in this case before this court.
Court:
Tell this court your name.
PW2:
My name is Ibrahim Dahiru.
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