Material Contradiction

In all, for contradictions in the evidence of prosecution witnesses to affect a conviction, particularly, in a capital offence, they must raise doubts as to the guilt of the accused person

Ukpong v. State LGC(11/1/2019) I

In any event, courts have even taken the view that witnesses may not always speak of the same facts or events with equal and regimented accuracy

Ukpong v. State LGC(11/1/2019) I

This is so because it would be miraculous to find two persons who witnessed an incident giving identical accounts of it when they are called upon to do so at a future date. If that were to happen, such accounts would be treated with suspicion, as it is likely that the witnesses compared notes. In effect, minor variations in testimonies seem to be badges of truth

Ukpong v. State LGC(11/1/2019) I

This is so because it would be miraculous to find two persons who witnessed an incident giving identical accounts of it when they are called upon to do so at a future date. If that were to happen, such accounts would be treated with suspicion, as it is likely that the witnesses compared notes. In effect, minor variations in testimonies seem to be badges of truth

Ukpong v. State LGC(11/1/2019) I

It is trite law that it is not every contradiction in evidence that is fatal to a case and that a contradiction would be material if it is on the main issues in question before the Court or is on the evidence that establish any ingredient of the offence. A contradiction not on a main issue in question before the Court or not on the evidence that establish any ingredient of the offence is immaterial and go to no issue and cannot vitiate the decision of the trial Court. See Dibie & Ors. v. The State (2007) All FWLR (Pt. 363) 83, (2007) 3 SC (Pt. I) 176; Dagayya v.
State (2006) All FWLR (Pt. 308) 1212, (2006) LPELR – 912 (SC); Akpabio v State (1994) LPELR – 369 (SC) and Ndike v. State (1994) LPELR – 1971 (SC). An appeal on the ground of contradictions in the evidence elicited by a party to a case cannot succeed merely because some contradictions are shown to exist. The appeal can only succeed if it is shown that the contradictions are material . EMMANUEL AKOMAYE AGIM, J.S.C.