LEGAL PRINCIPLE: CRIMINAL LAW — Murder — Inconsistency in Witness Testimony — Materiality Required to Discredit Witness
PRINCIPLE STATEMENT
For an inconsistency between an extra-judicial statement and testimony in court to discredit a witness, the inconsistency must be on a material issue. A mere discrepancy will not operate to discredit the witness.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Ubani & Ors v. State (2003) NLC-2722002(SC) at p. 12; Paras C–D.
"For this rule to be applicable, the inconsistency between the extra judicial statement and the testimony in court must be on a material issue. A mere discrepancy will not operate to discredit the witness."
EXPLANATION / SCOPE
Only material inconsistencies discredit a witness. Minor discrepancies are not fatal. The principle applies to criminal trials. The court must evaluate the significance of the inconsistency. The rule prevents acquittal on technicalities. The judge must assess whether the inconsistency affects credibility. The principle is well-established.