23/03/2022 H. B. Dogondaji – I appear with S. M. Ahmad for the prosecution. S. Ovia – I appear with A. A. Sokoto. I Osakwe and V. E Ikuta for the defendant. H. B. Dogondaji – The defendant is in court and he speaks Hausa language. He is standing trial before this court on a charge of rape punishable under section 260 of the penal code of Sokoto state 2019. The matter was adjourned to today for continuation of hearing. Out of the 4 witnesses we intended to call 2 have already testified and the remaining two are in court. PW3 NANA FIRDAUSI BELLO PW3 is a minor. She is going to give an unsworn testimony and will speak in Hausa. Court asked her some questions to determine her competency. PW3 – I’m here before the court to give evidence. I don’t know the implication of telling the truth or telling lies. S. O. Ovia – We invite this court to invoke section 209 (1) of the evidence Act of 2011. The said provisions allow this Hon. Court to hear the unsworn testimony of a child where the child possesses sufficient intelligence and understands the duty of speaking the truth. As such it is our humble submission that she does not qualify as a competent witness and we apply that the witness be dismissed. 8