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WITNESS CONTRADICTION – UNRELIABLE

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Until now, I had always thought that if a party to a case was foolish enough to produce a witness who testified to the contrary of the pleadings had only himself to blame if the court or tribunal comments on the contradiction. A witness who would testify to the contrary of a point agreed on by all concerned is a most unreliable witness and the court is entitled to regard his evidence as a contradiction in the evidence of the party who called him.

— Ikongbeh, JCA. Ugo v Indiamaowei (1999) – CA/PH/EP/97/99

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contradiction

ESSENTIAL REQUIREMENTS TO IMPEACH CREDIBILITY OF A WITNESS AS TO CONTRADICTION

Section 232 of Evidence Act, 2011 is intended to check the double-speak of a witness, who is prevaricating on an issue that he had made previous statement in writing on. There are essential requirements of the Section that the party cross-examining a witness, who intends to impeach the credit of the witness by showing that what the witness is presently saying contradicts his previous statement in writing, must comply with. That is, (a) the attention of the witness must be specifically drawn to those parts or portions of his previous statement in writing which are to be used for the purpose of contradicting him; (b) the witness must be reminded of what he had stated in the previous statement, and (c) he must be given an opportunity of making explanation on the apparent contradictions. From the authoritative stance of this Court those are the templates the cross-examiner shall comply with before he tenders any previous statement in writing by a witness for the purpose of contradicting the witness and impeaching his credibility. See MADUMERE v. OKAFOR (1996) 4 NWLR (pt.445) 637; AMODU V. THE STATE (2010) 2 NWLR (pt.1177) 47.

— E. Eko, JSC. Kekong v State (2017) – SC.884/2014

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MINOR DISCREPANCIES ARE NOT SUFFICIENT TO RAISE CONTRADICTIONS

It is now well settled that for contradictions on evidence of witnesses for the prosecution to affect conviction, they must be sufficient to raise doubt as to the guilt of the accused. In the instant case the minor discrepancies in the evidence of the prosecution witnesses are not in my view, sufficient, by themselves, to entitle the appellant to an acquittal. See Ogoala v. State (1991) 2 NWLR (Pt.175) 509 at 525; Nwosisi v. State (1976) 6 SC 109; Ejigbadero v. State (1978) 9-10 SC 81; Atano v. A.-G. Bendel State (1988) 2 NWLR (Pt.75) 201; Ayo Gabriel v. State (1989) 5 NWLR (Pt.122) 457 at 468 – 469.

— Kalgo, J.S.C. Okon Iko v State (2001) – SC.177/2001

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FOR A CONTRADICTION TO BE FATAL, IT MUST BE MATERIAL

For a contradiction to be fatal to any case or evidence, it must be on material points. Put another way, discrepancies do not negative an otherwise credible evidence of a witness. Before the evidence of the prosecution is said to be contradictory in nature such as to create a doubt as to which of two or more alternative versions should be believed, it must be such as to change the course of events. The contradiction in this respect must be material and fundamental. That is, it must imply that there are two or more conflicting accounts or versions of the same incident. Contradictions can therefore be said to have occurred where an account of an incident by a witness is at variance and glaringly too with another person’s account of the same incident, such that accepting the account of one witness would mean rejecting the version of the other because both accounts are mutually exclusive and in conflict. If every contradiction, however trivial to the overwhelming evidence before the Court, will vitiate a trial, then almost all prosecution cases will fail. Human faculty, it is said, may miss details due to lapse of time and error in narration in order of sequence. Going forward and even assuming that there were inconsistencies in the testimonies of the witnesses, it is settled law that contradiction in the evidence of a witness that would be fatal must relate to material facts and be substantial. It must deal with the real substance of a case. Minor or trivial contradictions do not affect the credibility of a witness and cannot vitiate a trial. See Ojeabuo V FRN (2014) LPELR-22555(CA) at 21, Paras C-F; Iregu V State (2013) 12 NWLR (Pt. 1367) 92; Musa V State (2013) 9 NWLR (Pt. 1359) 214; Famakinwa V State (2013) 7 NWLR (Pt. 1354) 597; Osung V State (2012) 18 NWLR (Pt. 1332) 256; Osetola V State (2012) 17 NWLR (Pt. 1329) 251.

— J.H. Sankey, JCA. Brila Energy Ltd. v. FRN (2018) – CA/L/658CA/2017

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WHERE PROSECUTION WITNESSES TESTIMONY IS CONTRADICTORY, DOUBT WILL BE RESOLVED IN ACCUSED FAVOUR

It is now firmly settled that where two or more witnesses testify in a criminal proceeding and the testimony of such witnesses, is contradictory and irreconcilable (as in the instant case), it would be illogical to accept and believe the evidence of such witnesses. See the cases of Onubogu v. The State (1974) 9 SC 1 at 2 (also referred to by the learned defence counsel at the trial court at page 104 of the records); Nwosu v. The State (1986) 4 NWLR (Pt. 35) 348 and Orepakan & 7 Ors. v. In Re: Amadi & 2 Ors. v. 7 State (1993) 11 SCNJ 68 at 78. In other words, for any conflict, contradiction or mix-up in the evidence of the prosecution witnesses to be fatal to a case, the conflict or mix-up, must be substantial and fundamental. See also the cases of Enahoro v. Queen (1965) 1 All NLR 125, Nasamu v. The State (1979) 6-9 SC 153 and Namsoh v. The State (1993) 6 SCNJ (Pt. 1) 55 at 68; (1993) 5 NWLR (Pt. 292) 129. From what I have demonstrated herein above in this judgment, the conflict, contradiction and/or mix up as regards the evidence of the P.W.7 and the other prosecution witnesses. I have mentioned specifically, are very substantial, fundamental and material. Therefore, the concurrent findings of fact by the two lower courts, must be set aside by me. This is because, there is a big doubt in my mind about the guilt of the appellant. A doubt in the mind of a court, it is settled, presupposes that the case against the accused person, has not been proved beyond reasonable doubt. By this doubt, I hereby and accordingly resolve the same in favour of the appellant. See Namsoh v. The State (supra).

— Ogbuagu, JSC. Udosen v State (2007) – SC.199/2005

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WHERE THERE ARE MATERIAL CONTRADICTIONS IN PROSECUTION CASE, DOUBT IS RESOLVED IN ACCUSED FAVOUR

There is no doubt that where there are contradictions in the testimonies of the prosecution witnesses on a material fact and the said contradictions are not explained by the prosecution through any of its witnesses, it behoves the trial Court not to speculate on or profer the explanation for such contradictions and thereby pick and choose from the evidence of the prosecution witnesses that which to believe. See; Boy Muka & Ors Vs. The State (1976) 9 & 10 SC 305; Christopher Arehia & Anor Vs. The State (1982) NSCC 85; (1982)4 SC 78. Generally, the law is settled that where there are material contradictions and inconsistencies in the evidence of the prosecution, the accused is entitled to be given the benefit of the doubt so created as a result of the inconsistencies. See; Onubogu Vs. The State (1974) 9 SC.1; Nwabueze Vs. The State (1988)4 NWLR (Pt.86) 16. However, it is trite law that for inconsistency or contradiction in evidence to negatively affect its veracity, such inconsistency and contradiction must be materially significant as to affect negatively the overall case of the prosecution, otherwise such insignificant inconsistency or contradiction will be discountenanced by the Court. See; The State Vs. Azeez & Ors (2008) 8 SCM 175; (2008) 4 SC 188; Dibie & 2 Ors Vs. The State (2007) 7 SCM 101; (2007) 3 SC (Pt.1) 176; Stephen John & Anor Vs. The State (2011) 12 (Pt.2) SCM 238.

— Galadima v. State (2017) – SC.70/2013

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TWO EVIDENCE CONTRADICT ONE ANOTHER WHEN THEY AFFIRM THE OPPOSITE

A piece of evidence contradicts another when it affirms the opposite of what that other evidence has stated not when there is just a minor discrepancy between them. Two pieces of evidence contradicts one another when they are themselves inconsistent. A discrepancy may occur when a piece of evidence stops short of, or contains a little more than what the other evidence says or contains some minor difference in details. See Gabriel v State (1989) 5 NWLR (Pt.122) p.460. If a witness makes a statement before trial which is inconsistent with the evidence he gives in Court and he does not explain the inconsistency to the satisfaction of the Court, the Court should regard his evidence as unreliable. See Onubogu & Anor v State (1974) (NSCC) p.358. I must say straightaway that it is only material contradictions that are to be considered.

– Rhodes-Vivour, JSC. Nwankwoala v FRN (2018) – SC.783/2015

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