oath before testifying. SECTION 209 3. A person shall not be liable to be convicted for an offence unless the testimony admitted by virtue of subsection (1) of this section and given on behalf of the prosecution is corroborated by some other material evidence in support of such testimony implicating the defendant. The subsection provides that the testimony of an infant must be corroborated by some other material evidence in support of such testimony implicating the accused/defence. However, in Solola vs. State (2005) 11 NWLR pt 937 page 460, the Supreme Court held that the evidence of a child given on oath need not be corroborated." Per NDUKWE-ANYANWU, J.C.A. (Pp. 21-22, paras. C-C) (...read in context) 15. EVIDENCE - TESTIMONY OF AN INFANT: Whether the evidence of a child given on oath needs to be corroborated "The Supreme Court in Solola Vs. State (supra) held that the evidence of a child given on oath need not be corroborated. "A child who does not understand the nature of an oath is even competent to give unsworn evidence if in the opinion of the court such a child is possessed of sufficient intelligence to justify the reception of his evidence Solala Vs. State (supra)." Per NDUKWE-ANYANWU, J.C.A. (P. 26, paras. A-C) (...read in context) UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Akwa Ibom State sitting in Uyo delivered on the 29th of July, 2013 and sentencing the accused to death by hanging. Being dissatisfied with the judgment, the Appellant filed a notice of appeal on the 5th of August, 2013. The facts of this case is that it was alleged that the accused/Appellant beat up the deceased a 13 year old boy, carried him up, turned him upside down and hit his head on the floor several times. As a result of these hits, blood started gushing out from all the orifices in his head. He became unconscious and the accused mum, bought rob ointment and applied on his body. When the senior sister of the deceased returned from the market, she raised an alarm. One of their neighbours gave her money to take the deceased to the hospital. The deceased mum came back from the market and joined them in the hospital. The deceased was moved to three hospitals that night but he later died in the early hours of the morning, the following day. The body was thereafter deposited in the mortuary.

اختر الفقرة المستهدفة3