EVIDENCE – CONTRADICTION IN EVIDENCE – Duty of court where there are contradictions in the evidence of witness(es)


“The law insists that where there are material contradictions in the evidence adduced by a party, the Court is enjoined to reject the entire evidence as it cannot pick and choose which of the conflicting version to follow. See Augie, JSC, in HUSSAINI ISA ZAKIRAI V. SALISU DAN AZUMI MUHAMMAD & ORS (2017) LPELR- 42349(SC). However, contradictions in the evidence of a witness that affect the quality of the evidence of the witness is primarily for the trial Court to determine having regard no doubt, to the rest of the evidence of the witness and the fact or facts in respect of which such contradictory evidence has been given. The duty of the trial Court is to determine whether there were contradictions, and if there were, to advert to them and then take them into consideration in the evaluation of the credit of the witnesses. See Per AYOOLA, JSC in IGBI & ANOR V. STATE (2000) LPELR-1444(SC) (P. 13, PARAS. A-C).” Per UWANI MUSA ABBA AJI, JSC SAMA’ILA v. STATE (2021-LCER-40498-SC) (Pp 33 – 33; Paras B – F)

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