EVIDENCE – CONTRADICTION IN EVIDENCE – Attitude of Court to contradiction in the statement of an accused to the police and his testimony in Court


“In coming to the conclusion that the prosecution has proven its case, the trial Court considered the defence put forward by the Appellant in delivering its well-considered judgment as per pages 919-948 of the Record of Appeal. And in considering the defence of the Appellant, it became very obvious that the Appellant had decided to sing a new song in contradiction to his written statement, thereby compelling the Court to follow the only logical course in obedience to the injunction of this apex Court in Egboghonome vs. State (1993) 7 NWLR (Pt. 306) 383 to the effect that where witness’ statement to the Police contradicts his evidence in Court, the Court should regard him as an unreliable witness and discountenance his testimony in Court. We also refer your Lordship to Amusa vs. State (2002) 2NWLR (Pt. 750) 73; Emoga vs State (1997) 1 NWLR (Pt. 483) 615 as well as Okafor vs State (2006) 4 NWLR (Pt. 969) 1.” Per PETER-ODILI, in BERENDE v. FRN (2021-LCER-40453-SC) (Pp 55 – 56 Paras C – A)

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