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.