LEGAL PRINCIPLE: EVIDENCE LAW – Child Witness – Competence and Sworn Evidence
PRINCIPLE STATEMENT
Competency is a matter of understanding, not age. If a child understands the nature of an oath, section 183 of the Evidence Act becomes irrelevant. The judge's opinion is crucial. If the child is incapable of understanding an oath, section 183(1) must be followed; if capable, section 180 applies.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Onyegbu v. State (1995) NLC-1831993(SC) at pp. 13–14; Paras C–E.
"There are also authorities establishing that competency is not a matter of age but of understanding and if a child understands the nature of an oath, the provisions of section 183 of the Evidence Act become irrelevant. … A great deal depends on the opinion of the Judge who sees and hears the witness. Where a child is incapable of understanding the nature of an oath, the procedure in section 183(1) must be followed but where the child is capable of understanding the nature of an oath, the Judge must comply with section 180 as is the case in the present proceedings."
EXPLANATION / SCOPE
Child witness competency depends on understanding, not age. The judge assesses understanding. The principle applies to criminal and civil proceedings. The court may take sworn evidence from a child who understands the oath. The rule protects child witnesses. The judge’s discretion is crucial. The principle promotes flexible treatment of child witnesses.