CHILD WITNESSING IN NIGERIA: A LEGAL ANALYSIS

Abstract

The law and practice of evidence constitute one of the foundational frameworks for the 
determination of the rights and obligations of individuals and institutions engaged in disputes. 
Within this framework, the participation of children in legal proceedings presents a distinctive 
and sensitive dimension. In certain instances, a child may appear not only as a party to an action 
but also as a vital witness stricto sensu on behalf of contending parties. It is now widely accepted 
that a child is, in principle, a competent witness. However, the manner in which untainted and 
reliable evidence may be elicited from a child, as well as the probative weight to be ascribed to 
such testimony, remains a subject of concern largely attributable to the absence or inadequacy of 
protective measures designed to ensure that the child is sufficiently confident, secure, and free 
from intimidation both during and after the process of testifying. This paper undertakes a critical 
analysis of child witnessing within the Nigerian legal system, with particular emphasis on the 
extent to which existing laws safeguard this vulnerable category of witnesses. Adopting a 
doctrinal methodology, the study draws upon extant statutory provisions, judicial authorities, and 
other relevant secondary sources. The findings reveal that many child witnesses are exposed to 
significant risks, exacerbated by inadequate infrastructural facilities and, more critically, by the 
ineffective implementation of existing legal safeguards. Accordingly, the paper recommends that 
Nigeria should improve its approach by adopting a more holistic framework that combines 
competency rules with structured special measures, intermediary use, guaranteed support 
persons, and enforceable privacy protections, thereby achieving a better balance between fair 
trial rights and child protection.