Furthermore, in the case of Okanlawon V. State (2015) 17 NWLR pt
1489 at 481 the Supreme Court held as follows:“The law is settled that where an extrajudicial
confession has been proved and established to
have been made voluntarily, and it is direct,
positive and an unequivocal admission of guilt,
such confession will suffice to ground a finding
of guilt regardless of the fact that the maker
resiles from it altogether at the trial.”
- Musa V. State (2019) 10 WRN 1.
- Umar V. FRN (2019) 13 WRN 1
Although PW2 is a child who is below the age of 14 years, by the
provisions of Section 209 (1) and (3) of the Evidence Act 2011, a child
under the age of 14 years is not precluded from giving evidence before
a trial court, if in the opinion of the court, the child is possessed of
sufficient intelligence as well as understands the duty of speaking the
truth to justify the reception of his evidence especially where his
evidence is being corroborated by some other material evidence in
support of the child’s testimony implicating the Defendant.
Furthermore, by the provisions of Section 175 (1) of the Evidence Act,
2011, all persons are competent to testify in any proceedings unless the
court considers that the witness is prevented from understanding the
questions put to him or unable to give rational answers to those
questions by reason of either tender years, extreme old age, or disease
of body of mind or other cause of the same kind.
In the case of Solola V. State (2005) ALL FWLR pt 269 p 1751, the
Supreme Court has held that competence to testify, is not a matter of
age, but of intellectual capacity of the witness, hence all persons
irrespective of their age, are competent witnesses provided they have
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