LEGAL PRINCIPLE: EVIDENCE LAW – Evaluation of Evidence – Partial Rejection of Witness’s Testimony
PRINCIPLE STATEMENT
It was open to the trial Judge to disbelieve that portion of the witness' testimony without that fact prejudicing the rest of PW2's evidence that was neither challenged nor called in doubt. In my view, it was open to the trial Judge to believe and act on the rest of the unaffected evidence.
RATIO DECIDENDI (SOURCE)
Per Achike, JSC, in Ebre & Ors v. State (2001) NLC-591999(SC) at p. 19; Paras D–E.
"It was open to the trial Judge to disbelieve that portion of the witness' testimony without that fact prejudicing the rest of PW2's evidence that was neither challenged nor called in doubt. In my view, it was open to the trial Judge to believe and act on the rest of the unaffected evidence."
EXPLANATION / SCOPE
A trial judge may disbelieve part of a witness’s testimony without rejecting the entire testimony. The court can accept the unchallenged or credible portions and act on them. Partial rejection does not mandate total rejection. The principle is “falsus in uno, falsus in omnibus” (false in one thing, false in everything) is not an absolute rule—it is a guide, not mandatory. The court evaluates each part of the evidence separately. If a portion is not challenged or called into doubt, it may be accepted. The principle prevents the loss of credible evidence due to an untruthful or mistaken part. The court exercises discretion based on the circumstances.