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Child Evidence: Competence & Compellability

The document is a project work by Ezebuiro Munachiso Nicole from the Law department, focusing on the competence and compellability of child evidence. It includes various chapters covering the introduction, literature review, legal frameworks, and challenges related to child evidence. The final chapter summarizes findings and provides conclusions and recommendations.

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0% found this document useful (0 votes)
19 views4 pages

Child Evidence: Competence & Compellability

The document is a project work by Ezebuiro Munachiso Nicole from the Law department, focusing on the competence and compellability of child evidence. It includes various chapters covering the introduction, literature review, legal frameworks, and challenges related to child evidence. The final chapter summarizes findings and provides conclusions and recommendations.

Uploaded by

nicoleezebuiro19
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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PROJECT WORK

NAME: EZEBUIRO MUNACHISO


NICOLE

DEPARTMENT: LAW

MATRIC NO: IMSU/2020/3833

TOPIC: COMPETENCE AND


COMPELLABILTY:
CHILD EVIDENCE AS A CASE
STUDY

SUPERVISOR: PROF. C.E


CHINWEZE………………
TABLE OF CONTENT
Cover page

Title page

Declaration

Certification

Dedication

Acknowledgement

Table of Content

Table of cases

Table of Statues

List of Abbreviations

Abstract

CHAPTER ONE: INTRODUCTION

1:1 Background to the Study

1:2 Statement of the Problem

1:3 Aim and Objectives of the Study

1:4 Significance of the Study

1:5 Scope of the Study

1:6 Research Methodology

1:7 Limitations of the Study


CHAPTER TWO: LITERATURE REVIEW

2:1 Theoretical Framework

2.1.1 Natural law Theory

2.1.2 Positivist law Theory

2.2 Conceptual Framework

2.2.1 Child

2.2.2 Evidence

2.2.3 Child Evidence

2.2.4 Competence

2.2.5 Compellability

2.3 Summary of Review

2.4 Gap in Knowledge

2.5 Historical Evolution

CHAPTER THREE: LEGAL AND INSTITUTIONAL FRAMEWORK

3:1 Legal Framework

3.1.1 Constitution of the Federal Republic of Nigeria 1999(as amended)

3:1.2 Criminal Code Laws of the Federation 2004

3:1.3 Child’s Right Act 2003

3:1.4 Evidence Act, 2011(as amended)

3:1.5 United Nations Convention on the Right of the child (Article 12).

3.2 Institutional Framework

3.2.1 Judiciary

3.2.2 Childs Right Implementation Committees

3.2.3 National Human Rights Commission

3.2.4 United Nations International Children’s Emergency Fund

3.2.5 African Committee of Experts on the Rights and Welfare of the child
CHAPTER FOUR: COMPETENCY AND COMPELLABILTY : CHILD
EVIDENCE AS A CASE STUDY

4.1 Issues in the Competency and Compellability of a Child’s evidence

4.2 challenges facing the Competency and Compellability of a Child’s


evidence

4.3 Solution to the Competency and Compellability of a Child

4.4 Prospects for Competency and Compellability of a child’s evidence

CHAPTER FIVE: SUMMARY, CONCLUSION AND RECOMMENDATIONS

5.1 Summary

5.2 Conclusion

5.3 Recommendations

Bibliography

Common questions

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The main challenges in ensuring the reliability of child evidence in Nigerian court proceedings include determining the child’s maturity and understanding, cultural biases that may question their credibility, and a lack of specific procedural guidelines to assess competency. Additionally, socio-economic factors and insufficient institutional support further complicate the reliable presentation of child evidence, impacting the overall justice dispensation process .

The National Human Rights Commission contributes to the protection and enforcement of a child's right to give evidence by providing oversight and advocacy for the implementation of laws such as the Child’s Right Act. It works to ensure that institutions respect and uphold children's rights, offering platforms for complaints, assisting in legal reviews, and collaborating with other bodies to create child-sensitive legal environments .

Historical evolution plays a critical role in understanding current practices as it traces the shifts from traditional views that often discounted child testimonies toward more inclusive and fair approaches. By examining legal precedents and cultural changes, we can see how past societal values influenced the treatment of child witnesses and how modern law seeks to rectify these biases, emphasizing fair trial rights and child protection as central tenets .

The study of competence and compellability in child evidence is underpinned by theories such as Natural Law Theory and Positivist Law Theory. Natural Law Theory emphasizes moral reasoning and inherent rights that should guide legal systems, whereas Positivist Law Theory relies on established laws and legal precedence. These frameworks shape the legal understanding by influencing how laws are interpreted and applied concerning children's rights and evidential reliability, balancing moral imperatives with legal formalism .

Article 12 of the United Nations Convention on the Rights of the Child influences Nigerian legal proceedings by emphasizing the child's right to express their views freely in all matters affecting them. This provision underscores the importance of considering a child's competency in legal contexts and promotes a more child-sensitive approach that respects and listens to children's testimonies when they are sufficiently mature .

The competence and compellability of child evidence are significant for legal studies as they highlight challenges in balancing fairness and justice for vulnerable groups. Understanding these dynamics encourages reforms that enhance legal proceedings' integrity, ensuring that vulnerable participants like children are heard and protected while maintaining the evidential credibility required in justice systems. This topic thus urges ongoing scholarly engagement and legislative adaptation .

The Child's Right Act 2003 and the Nigerian Constitution both aim to protect children's rights but interact differently regarding evidence. The Constitution upholds fundamental rights and freedoms, while the Child’s Right Act specifically addresses a child's right to fair treatment and protection, including provisions for giving evidence. Where the Constitution provides general rights, the Child's Right Act offers tailored provisions ensuring the child’s participation in proceedings where appropriate, emphasizing competence and emotional safety .

The study addresses the gap in knowledge regarding child evidence by advocating for empirical research focused on psychological assessments of children in legal contexts and a comparative analysis of international best practices. It suggests integrating findings into national policies and legal frameworks to inform training programs for the judiciary and law enforcement on handling child witnesses effectively. This approach promotes a more evidence-based and universally informed legal process .

To improve the competence and compellability of child evidence in Nigeria, the study suggests strengthening legal frameworks to provide clearer guidelines on assessing a child's competency. Recommendations include specialized training for legal practitioners, implementing child-friendly interviewing techniques, and enhancing institutional mechanisms to support child witnesses, such as support services and judicial reforms aimed at less intimidating environments .

The competence and compellability of child evidence in legal proceedings are defined by several key components. Competence refers to the ability of a child to understand questions posed and give answers that are reliable, while compellability relates to whether the child can be legally compelled to testify. Factors affecting these components include the child’s age, maturity, understanding of the proceedings, and the specifics outlined in frameworks like the Evidence Act, 2011 .

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