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