PRINCIPLE STATEMENT

For conflicts, contradictions, or mix-ups in prosecution evidence to be fatal to the case, they must be substantial and fundamental to the issues before the court; where possibility of mistaken identity exists due to circumstances, contradictions about identity create substantial doubt.

RATIO DECIDENDI (SOURCE)

Per Kutigi, JSC, in Namsoh v. The State (1993) NLC-1601992(SC) at pp. 16; Paras C--E.
"It is settled law that for any conflict, contradiction or mix-up in the evidence of the prosecution witnesses to be fatal to the case, the conflict or mix-up must be substantial and fundamental to the issues in question before the court... I have no doubt in my mind at all that where a group of men, 16 in this case, were all armed with rifle guns and issued with ammunitions and all were assembled or put in one vehicle, if a sound of a rifle was heard from the vehicle, it would be necessary to check each and every rifle in order to determine whose rifle had fired. Any of the men could have fired the rifle and the possibility of mistaken identity could not be totally ruled out."
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EXPLANATION / SCOPE

This principle distinguishes between minor inconsistencies (which are common and do not undermine credibility) and substantial contradictions (which create reasonable doubt). Not every discrepancy in prosecution evidence warrants acquittal—testimony from multiple witnesses naturally contains some variations due to different perspectives, memories, and attention to details. Minor inconsistencies about peripheral matters may actually enhance credibility by showing witnesses are not rehearsed. However, contradictions are “substantial and fundamental” when they concern: (1) identity of the perpetrator; (2) material elements of the offense; (3) critical factual issues affecting guilt; (4) circumstances that create real possibility of mistaken identification or wrongful accusation. The principle applies this to a specific scenario: 16 armed men in one vehicle, rifle shot heard, but uncertainty about which rifle fired. The circumstances create inherent difficulty in accurate identification—anyone could have fired, rifles look similar, confusion in close quarters is likely. In such situations, contradictions about whose rifle fired are fundamental, not peripheral. The possibility of mistaken identity “could not be totally ruled out” creates reasonable doubt requiring acquittal. The principle requires evaluating: (1) the nature of the contradiction—does it concern essential elements or peripheral details?; (2) the circumstances—do they make accuracy difficult or easy?; (3) the impact—does the contradiction create real doubt about guilt or merely show imperfect memory about details? Where contradictions are substantial and circumstances support possibility of error, the doubt must be resolved in favor of the accused. This protects against convictions based on confused or contradictory evidence while recognizing that perfect consistency is neither realistic nor required when contradictions concern non-essential matters

CASES APPLYING THIS PRINCIPLE