EVIDENCE LAW — Contradictions in Evidence — Materiality Required to Vitiate Claim
Ratio Decidendi
Per Onnoghen, JSC, in Ogedengbe & Ors v. Balogun & Ors (2007) NLC-123-273-2001(SC) at p. 23; Paras C–E:
"It is not every inconsistency in evidence that would lead to a reversal of the decision of a lower court on a matter and that for the inconsistency to have the effect of reversal, it must be on a material fact relevant to the issue in controversy between the parties."
Explanation / Scope
This principle distinguishes between minor and material contradictions in evidence. Only contradictions on material facts relevant to the issues in controversy can lead to reversal. Minor inconsistencies that do not affect the substance of the case are not fatal. The principle recognizes that witnesses may have slight variations in their testimony without being untruthful. Courts must evaluate the nature and significance of contradictions. The principle applies in all civil and criminal cases where contradictions are alleged. It prevents technical reversals based on trivial inconsistencies. The court must determine whether the contradiction undermines the party’s case on a material point.