Position of the Law on the Unsworn Evidence of a Child to Warrant a Conviction

CASE TITLE: BALA v. STATE (2025) LPELR-81112 (CA)

JUDGMENT DATE:  17TH APRIL, 2025

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: VICTORIA TOOCHUKWU NWOYE, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on criminal law and procedure.

FACTS:

This appeal is against the judgment of the High Court of Kebbi State.

The Appellant stood trial at the trial Court for sodomy. The Appellant forcefully had sexual intercourse with one Yahaya Abubakar. He was then charged with the offence, which is punishable under Section 260 of the Penal Code Law of Kebbi State 2021. He pleaded not guilty to the one-count charge. The prosecution, in proof of the offence, called four witnesses. According to PW3, on the 9th of March, 2023, while he was selling pure water, he was called by the Appellant to a class. When he got there, the Appellant took off his clothes and inserted his penis into his anus. He screamed, and a boy came in, saw them and reported the incident. This was the summary of the testimony at the trial Court. The Respondent tendered in evidence at the trial Court the extra-judicial statements of the Appellant, the victim, and the medical report. The Appellant made two extra-judicial statements in the Hausa language to the police; they were both admitted as Exhibits A and B. In the extra-judicial statement admitted as Exhibit A, the appellant narrated how on the 9th of March, 2023, in the afternoon, while he was at Ninzamiya school packing seats and speakers and taking them to Mallam Nura’s house, a boy who sells pure water came and met him. He sat him down and started romancing him, and at that stage he had sexual intercourse with him through his anus twice.

At the close of the case of the Respondent as Prosecution, the Appellant entered his defence and testified as DW1. He acknowledged the fact that he made Exhibit B at the police station and that he had told the police all that had transpired in relation to the charge for which he stood trial when he was arrested.

The trial Court, at the end of the trial, found the Appellant guilty and convicted him as charged.

Dissatisfied, the Appellant appealed.

ISSUES FOR DETERMINATION:

The Court adopted the issues formulated by the Appellant, viz:

1. Whether the learned trial judge was right to have admitted in evidence and relied on Exhibits A, A1, B and B1.

2. Whether Exhibits A, A1, B and B1 are capable of corroborating the evidence of PW3.

3. Whether the learned trial judge rightly convicted the Appellant upon the evidence adduced by the Respondent?

4. Whether the lower Court ought to have discharged and acquitted the Appellant upon the Respondent’s failure to prove it (sic) case beyond reasonable doubt?

DECISION/HELD:

In conclusion, the Court dismissed the Appeal.

RATIOS:

• CRIMINAL LAW AND PROCEDURE- OFFENCE(S): Ingredient(s) of the offence of unnatural act; standard and ways of proving same.
• EVIDENCE- DOCUMENTARY EVIDENCE: When is the proper time for taking an objection to the admissibility of a document?
• EVIDENCE- CONFESSIONAL STATEMENT: Effect of a confessional statement admitted without objection
• EVIDENCE- CORROBORATION/CORROBORATIVE EVIDENCE: Whether the unsworn evidence of a child requires corroboration to warrant a conviction and instance where same will be said to have been sufficiently given
• EVIDENCE- CALLING OF WITNESS(ES): Whether a party is bound to call a particular witness; duty of a party to call vital/material witness(es)
• EVIDENCE- CONTRADICTION IN EVIDENCE: When will a piece of evidence contradict another? nature of contradiction in evidence that will vitiate proceedings
• EVIDENCE- CONFESSIONAL STATEMENT: Duty of counsel to object to the voluntariness of statement of accused before it is admitted and the effect of failure in this regard

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