CRIMINAL PROCEDURE — Contradictions in Evidence — Prior Inconsistent Statements — Effect of Satisfactory Explanation
Principle Statement
Where a witness's evidence is materially contradictory to his earlier police statement, the witness should be regarded as unreliable and his evidence ignored. Such evidence can be accepted if the contradiction is explained to the satisfaction of the court.
Ratio Decidendi (Source)
Per Tabai, JSC, in Nwankwoala & Anor v. State (2006) NLC-123-244-2005(SC) at p. 11; Paras A–C.
"The settled principle is that where the evidence of a witness is materially contradictory of his earlier statement to the police, the witness should be regarded as unreliable and his evidence ignored. Such evidence can however be accepted and relied upon if the contradiction is explained to the satisfaction of the court."
Explanation / Scope
Material contradictions render evidence unreliable unless satisfactorily explained. The principle applies to evidence law.
