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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In Onubogu v. State (1974) 9 SC 1, this court per Fatayi-Williams, JSC (as he then was) said at page 20: “We are also of the view that where one witness called by the prosecution in a criminal case contradicts another prosecution witness on a material point, the prosecution ought to lay some foundation, such as showing that the witness is hostile, before they can ask the court to reject the testimony of one witness and accept that of another witness in preference for the evidence of the discredited witness. It is not competent for the prosecution which call them to pick and choose between them. They cannot, without showing clearly that one is a hostile witness, discredit one and accredit the other. (See Summer and Leivesley v. Brown & Co. (1909) 25 TLR 745). We also think that, even if the inconsistency in the testimony of the two witnesses can be explained, it is not the function of the trial Judge, as was the case here, to provide the explanation. One of the witnesses should furnish the explanation and thus give the defence the opportunity of testing by cross-examination, the validity of the proffered explanation.”
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
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
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
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
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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