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MINOR DISCREPANCIES ARE NOT SUFFICIENT TO RAISE CONTRADICTIONS

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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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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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WITNESS CONTRADICTION – UNRELIABLE

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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ONLY MATERIAL CONTRADICTIONS ARE IMPORTANT TO SET ASIDE DECISION

The contradiction complained about by the learned counsel for the Appellant is very insignificant. It is not any and every minor discrepancy or inaccuracy in the evidence of prosecution witnesses that amount to contradiction, especially where the witnesses are in substance saying the same thing. It is only material contradiction that is important. See The State vs Azeez & Ors 4 SC 188: Dibie & 2 Ors vs The State (2007) 3 SC (Pt. 1) 176.

— P.A. Galumje, JSC. Galadima v. State (2017) – SC.70/2013

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MINOR VARIATIONS IN TESTIMONY IS A BADGE OF TRUTH

Oputa, JSC in Ikemson V State (1989) LPELR-1473(SC) at 44 where he magisterially intoned as follows – “Two witnesses who saw the same incident are not bound to describe it in the same way. There is bound to be slight differences in their accounts of what happened. When their stories appear to be very similar, the chances are that those were tutored or tailored witnesses. Minor variations in testimony seem to be a badge of truth. But when the evidence of witnesses violently contradict each other, then that is a danger signal. A trial Court should not believe contradictory evidence. Contradictory means what it says – contra-dictum – to say the opposite.”

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ONLY SUBSTANTIAL CONTRADICTIONS CREATES DOUBT

The law further requires that whatever evidence the respondent relies on in proving its case against the appellant, it must be bereft of substantial contradictions. Only material contradictions in respect of a fact in issue creates doubt in the mind of the Court thereby destroying the case sought to be established against an accused. Thus, only such material contradictions which affect live issues to which they relate avail an opposing party thereby entitling the appellate Court to interfere with the judgment on appeal giving the miscarriage of justice they occasion. See Maiyaki V. The State 2008) LPELR-1823 (SC), Sele V. The State 1 SCNJ (Pt. 1) 15 at 22 23 and Usiobaifo & Anor V. Usiobaifo (2005) LPELR-3424 (SC).

— M.D. Muhammad, JSC. Mati Musa v The State (2019) – SC.902/2014

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ONLY CONTRADICTIONS ON MATERIAL POINTS ARE RELEVANT

I have given careful consideration to the contradictions and inconsistencies highlighted in appellant’s brief. The law is clear. It is not every contradiction in the evidence of witnesses called by a party that is fatal to the party’s case but only those contradictions on material points – Nasama v. The State (1979) 6-9 S.C. 153; R. v. Ekanem 5 F.S.C. 14, (1960) SCNLR 42; Kalu v. State (1988) 4 NWLR (Pt.90) 503.

— Ogundare, JSC. Azu v State (1993) – SC. 131/1992

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