EVIDENCE – CONTRADICTION IN EVIDENCE – Conditions to be satisfied before conflict or contradiction in the evidence of prosecution witness can be said to be fatal to its case


“…It has to be reiterated that for inconsistencies in the evidence of witnesses to be fatal, the same must go to the core of the issue and the inconsistencies stated above do not go to the root of the issue on ground and so cannot be fatal. I shall cite the case of AGBO vs. STATE (2007) 10 WRN Pg 95 @ 101 where the Court held as follows:- “In a string of decided authorities by this Court, it is now firmly established that for contradictions to be fatal to the case of the Prosecution it must go to the substance of the case and not to be of a minor nature. It is settled that if every contradiction however trivial to the overwhelming evidence before the Court will vitiate a trial, nearly all prosecution will fail. That human faculty may miss some minor details due to lapse of time and error in narration in order of sequence…” Per MARY UKAEGO PETER-ODILI, JSC in WOWEM v. STATE (2021-LCER-40502-SC) (Pp 55 – 56; Paras E – C)

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