LEGAL PRINCIPLE: EVIDENCE LAW — Contradictions in Evidence — Only Material Contradictions That Affect Live Issues Are Fatal
PRINCIPLE STATEMENT
Contradictions in evidence can only avail the opposite party where they are material, substantial, and affect the live issues in the matter, to the extent that they affect the fortunes of the appeal in favour of the party raising the issue.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Usiobaifo v. Usiobaifo & Anor (2005) NLC-2542000(SC) at p. 13; Paras A–B.
"It is the law that contradictions in evidence of witnesses can only avail the opposite party where they are material, substantial and affect the live issues in the matter, to the extent that they affect the fortunes of the appeal in favour of the party raising the issue."
EXPLANATION / SCOPE
Not all contradictions in evidence are fatal; only material, substantial contradictions affecting live issues matter. The contradiction must impact the case’s outcome. The principle applies to evidence law. The rule prevents technical reliance on minor inconsistencies. The court assesses whether the contradiction undermines the credibility of the evidence on key issues. Immaterial discrepancies do not warrant rejection of otherwise credible testimony.
