the intelligence to understand the questions put to them and give
rational answers to them.
- Sambo V. State (1993) 6 NWLR pt 300 p 399.
- Onyegbu V. State (1995) 4 NWLR pt 391 p 510.
- Shazali V. State (1988) 3 NSCC 234.
In the case of Idi V. State (2017) LPELR 42587, the Supreme Court
per Kekere – Ekun JSC, held that Section 209 of the Evidence Act
2011 makes provision for the unsworn evidence of a child in Criminal
proceedings. According to the Supreme Court, the first duty of the trial
court is to first determine whether the child is sufficiently intelligent to
understand the questions he may be asked in the course of his
testimony and to be able to answer them rationally, and this is tested
by the trial court putting the preliminary questions which may have
nothing to do with the matter before the court.
Secondly, if as a result of the preliminary questions, the child was able
to understand the questions and gave intelligent answers, then the child
becomes a competent witness and can give evidence that is admissible,
and if the child is able to understand the nature and implication of an
oath, then he will be competent to give evidence on oath.
- Obi V. State (2016) LPELR 40543.
- Kiwo V. State (2020) 7 NWLR pt 1722 p 99 at 164-193.
- Dagayya V. State (2006) NWLR pt 980 p 637.
- Okon V. State (1988) 19 NSCC 156; (1988) 1 NWLR
pt 69 p 172.
- Onyegbu V. State (1995) 4 NWLR pt 391 p 510.
Before the evidence of PW2 is taken, this court on the 1/12/2021
conducted a preliminary investigation in compliance with the decisions
of our superior courts and the provisions of Section 209 (1) of the
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