HASSAN IBRAHIM v. THE STATE (2014) LPELR- 22306 (CA)
FACTS: The matter before the court was an appeal at the trial court, the appellant
was brought on a charge of rape dated the 30th of March 2005, to which he entered
a plea of not guilty. At the conclusion of the trial, the appellant was convicted and
sentenced to a term of imprisonment, dissatisfied he filed an appeal.
ISSUE: COMPETENT WITNESS: what the court determines before deeming a
child a competent witness.
JUDGEMENT: The court adopting the position in Okoye v. State (1988) NWLR
Pt.69 ruled that the procedure to adopt in taking the evidence of a child is to
determine whether in the first place she was sufficiently intelligent and whether
she could give rational answers to questions and secondly whether she knows the
nature of an oath.

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