FREDERICK OBAYAGBONA & ANOR VS D. OBAZEE & ANOR
August 16, 2025PAUL IRO VS ROBERT PARK & ORS
August 16, 2025Legalpedia Citation: (1972) Legalpedia (SC) 77844
In the Supreme Court of Nigeria
Fri Dec 15, 1972
Suit Number: SC. 361/1971
CORAM
COKER JUSTICE, SUPREME COURT
IBEKWE JUSTICE, SUPREME COURT
IRIKEFE JUSTICE, SUPREME COURT
PARTIES
JOHN OKOYE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged and tried on information and found guilty of murder of Mgbankwo Nwuzo his sister in law and convicted by the High Court sitting in Onitsha. The appellant is appealing against his conviction and sentence on ground that the trial Judge failed to make a preliminary inquiry as to the competence of the 2nd Prosecution witness to give evidence on oath and thereby convicted him on a wrong ground.
HELD
The court held that competency is not a matter of age but a matter of understanding, therefore, if a child understands the nature of an oath the provision of section 182 of the evidence act will not apply.
ISSUES
“That the learned trial Judge erred in law in failing to make a preliminary inquiry as to the competence of the 2nd prosecution witness to give evidence on oath and thereby came to a wrong decision.”
RATIONES DECIDENDI
IRREGULARITY IN PROCEEDINGS-COUNSELS DUTY
It is as well the duty of counsel to raise an objection to any irregularity in the conduct of the proceedings and especially so when it is clear that a particular step ought to have been taken or a particular thing done. PER COKER JSC
UNSWORN EVIDENCE OF A CHILD
competency is not a matter of age but of understanding and that if a child understands the nature of an oath, the provisions in question(s. 182 evidence act) are completely out of place. PER COKER JSC
CASES CITED
Reg. v. Perkins (1840) 9 C. & P. 395 (or 173 E.R.884);
R. v. Michael Moscovitch (1924) 18 CA
STATUTES REFERRED TO
Evidence Act
Supreme Court Act < br />
Children and Young Persons Act,of England 1933
