COMPETENCE AND COMPELLABILITY: IS CHILD EVIDENCE ADMISSIBLE?

Abstract

Child evidence is admissible under Nigerian law on the basis of competence and compellability, which together determine whether a child can properly testify and be required to give evidence in judicial proceedings. The study titled “Competence and Compellability: Is Child Evidence Admissible under Nigerian Law?” critically examined the legal, procedural, and practical framework governing the admissibility of child testimony in Nigeria’s justice system. It was motivated by the increasing reliance on children as witnesses in both criminal and civil cases, especially in matters involving sexual offences, domestic violence, child abuse, trafficking, and family disputes, where their testimony was often crucial to the attainment of justice despite concerns about vulnerability and reliability. The study adopted doctrinal research methodology, relying on primary sources such as the Evidence Act 2011, Child Rights Act 2003, and the Administration of Criminal Justice Act 2015, alongside judicial decisions, international instruments, textbooks, journal articles, and scholarly commentaries. The theoretical foundation was anchored on positivist, sociological, rights-based, best-interest-of-thechild, and psychological theories, which collectively support a balanced approach that recognizes both the evidential value of child testimony and the need for protection of the child witness. Findings revealed that Nigerian law has moved away from the strict common-law position that generally excluded children from testifying. Under the Evidence Act 2011, competence is no longer determined by age but by the child’s ability to understand questions and give rational answers, as assessed through the voir dire examination. The study further established that children who do not understand the nature of an oath may still give admissible unsworn testimony provided they understand the duty to tell the truth. On compellability, it was found that competent child witnesses are generally compellable, although courts must carefully balance this with the need to protect the child from emotional harm and secondary victimization. The study also identified that while Nigeria has a relatively progressive legal framework supported by domestic and international legal instruments, practical challenges persist. These include inconsistent judicial approaches to voir dire, lack of standardized procedures, inadequate child-friendly court facilities, limited use of technology such as video-link testimony, insufficient training of legal practitioners, and the psychological impact of courtroom environments on child witnesses. Despite these challenges, the study confirmed that child testimony can be reliable and highly probative when obtained through proper, non-suggestive, and child-sensitive procedures. In conclusion, the study established that child evidence is admissible under Nigerian law where competence is proven, and that competence and compellability are distinct but interconnected legal principles essential to the admissibility process. It further concluded that although Nigeria’s legal framework is relatively robust, effective implementation remains hindered by procedural and institutional gaps. Accordingly, the study recommends standardized competence assessment guidelines, improved training for justice personnel, strengthened child-friendly court systems, increased use of technological aids in testimony, enhanced witness protection mechanisms, and continuous legal reforms aligned with international best practices. Overall, child evidence remains a vital component of the justice system when carefully managed to balance the interests of the child, the accused, and society.