ADMISSIBILITY OF EVIDENCE IN NIGERIAN LAW

chapter One

General introduction

1.0 Introduction

Evidence admissibility laws are set out in the Nigerian Evidence Law. To ensure that children are not misunderstood when presenting evidence in court, issues related to the jurisdiction and reliability of evidence presented to children have received much attention from judicial authorities. The concept of competence and enforcement with respect to the child’s evidence ensures that the court will be able to give reasonable answers to the questions posed to the child.

Under common law, not all evidence presented in court may be admissible. For example, before a child can make an admissible statement, the child must be a convincing witness. Due attention is therefore paid to the definitions of jurisdiction and enforceability, their nature and principles, and the position they occupy in the law of evidence.

It is also important to mention who is the stepchild. Conditions that must be met before such a child can become a competent and persuasive witness. It is important to note that child testimony can have negative repercussions, and any system that obtains child testimony should take due account of the child’s circumstances and determine whether this is the case. It has been proposed that there should be a method provided by a third party

Also, the implications of testifying in court and the reasons most children are reluctant to testify in court, and the hysterical intentions, childish imaginations and Attention is also paid to the issue of collision risk.

1.1 Research background

This lengthy essay focuses on a child’s ability and coercion to testify in Nigerian courts. Examine the purpose, principles, meaning, and provisions of the law of evidence. The essay also discusses children-in-law, the testimony of such children in civil and criminal cases, and the requirements for admissibility of such evidence. More importantly, this essay explores the consequences and drawbacks of children taking evidence wrongfully in court.

1.2 Purpose of the survey

The purpose of this survey is to:

Highlights and explains Nigerian court processes and practices relating to the admissibility of child evidence.
b. Educate the public on the importance and nature of competence and coercion in relation to children.

An analysis of the court’s role and role in ensuring that child evidence is sufficiently reliable to be admissible, and the conditions for doing so. explain, as clearly as possible, the application of the law regarding the admissibility of evidence against children;
Recommend possible solutions to problems related to obtaining evidence for children.

1.3 Research focus

This lengthy essay discusses child probative capacity and coercive capacity related to child evidence, and explores the conditions that must be met before a child can become a competent and/or persuasive witness in court. . This essay focuses primarily on the relevant courts’ approach to child competence and enforcement, and the methods used.

1.4 Scope of investigation

The scope of this essay is limited to that of its title. Chapter 1 describes the background of the study, the purpose of the study, the focus of the study, the scope of the study, the research methodologies used and a review of the relevant literature, and terms with special meaning. Chapter 2 deals with definitions and principles of competence and compelability. Exceptions to Evidence Law Provisions and General Rules. Chapter 3 describes child testimony, who a child is, and the requirements under which child testimony is permissible. Chapter 4 discusses the impact of uncorroborated evidence on children, the implications of illegally including or refusing children as evidence, the importance of competence and compelability, and the adverse effects of the judicial process on child witnesses. Considered, Chapter 5 works and makes recommendations to strengthen the capacity and credibility of child evidence in Nigerian courts.

1.5 Survey method

The methodology chosen by the researchers to update their research consists of some primary and secondary legal sources. Primary sources basically include the law of evidence, children and youth law, and case law. Secondary sources include textbooks. Lecture notes on both foreign and local textbooks, journals, articles and evidence.

1.6 Literature review

There is no denying that the law in this area is nothing new in Nigeria, as there are enough texts, magazines and professional articles commenting on almost every aspect of the law in this area. However, this long essay does not suggest copying other people’s work into this essay, but rather to provide a solid basis for current presentations and to explore previous options. works well. Consequently, it is worth mentioning the Law of Evidence, the Code of Criminal Procedure, the Law of Children and Youth. These provisions help determine who the child is. Other materials evaluated include Agda on Evidence Law and Practice in Nigeria, Nwadialo Fedeli on Evidence Law in Contemporary Nigeria, Afe Babalola on Nigerian Law and Evidence Practice, Christopher Allen on Evidence Practice Guide by Scholars such as Includes works on evidence law. The Prince’s ability as a witness is a matter of close scrutiny. It is important to add that due to time and space constraints, not all of the various materials used in this work have been fully reviewed, except those directly related to the subject matter of this work. is.

1.7 Definition of terms

The following terms are used in this research paper:

Competence – the ability to do something well

Coercion – the ability to perform compulsive acts on a person

 

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