EVIDENCE – CONFESSIONAL STATEMENT – Position of the law where an accused gives oral evidence which is inconsistent with or contradicts the contents of his statement


“I would call attention to the previous written statement of the appellant and his oral testimony in the trial Court are materially contradictory as intention is inferred in Exhibit 1 which the Appellant admitted that he cocked his rifle and fired a shot while it is not so in the oral testimony of the appellant being that the appellant alleges accidental discharge which posture is clearly an afterthought. This is so because where an accused person makes a statement which is inconsistent with his testimony such testimony is to be treated as unreliable. See Egboghonome v State (2001)2 ACLR 262 at 299-300 in which this Court applied the principle in RV Ukpong (1961) 1SCNLR 53; Stephen v The State (1986)5 NWLR (pt.46) 978; Edoko v State (2015) All FWLR (pt. 772) 1728 at 1753.”  Per PETER-ODILI, JSC in AKPAKPAN v. STATE (2021-LCER-40459-SC) (Pp 34 – 34 Paras B – E)

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