Principle Statement

It is now firmly settled that it is not every minor contradiction that is fatal to the prosecution's case.

Ratio Decidendi (Source)

Per Ogbuagu, JSC, in Ogunbayo v. State (2007) NLC-123-272-2005(SC) at p. 18; Paras B–C.

"It is now firmly settled that it is not every minor contradiction, that is fatal to the prosecution's case."

Explanation / Scope

This principle distinguishes between minor and material contradictions in the prosecution’s case. Minor contradictions—on peripheral or insignificant details—do not necessarily undermine the prosecution’s case or warrant acquittal. Only contradictions that go to the root of the case, affecting credibility on material facts, can be fatal. The principle recognizes that human witnesses may have slight inconsistencies without being untruthful. Courts must evaluate the nature and effect of contradictions: whether they are explainable, whether they relate to essential elements of the offence, and whether they create reasonable doubt. The principle applies in all criminal trials.

Cases Applying This Principle