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


“The Appellant in his oral evidence cleared himself from blame by raising accidental discharge while Exhibit n1 linked him to the commission of the offence in relation to the 2nd ingredient, i.e that he caused the death of the deceased. To resolve the issue of which evidence to be relied on in this circumstance, this Court held in EDOKO V STATE (2015) ALL FWLR (pt. 772) P.1728 at p. 1753, paras A-B: “Where an accused person is shown to have made a statement previously, which is inconsistent with the defence given at the trial, a trial Court will be right to conclude that the evidence given at the trial is unreliable.” Per PETER-ODILI, JSC in AKPAKPAN v. STATE (2021-LCER-40459-SC) (Pp 16 – 16 Paras B – E)

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