LEGAL PRINCIPLE: EVIDENCE LAW — Contradictions — Minor Inconsistencies Not Fatal to Credibility
PRINCIPLE STATEMENT
Not all contradictions result in the rejection of a witness's evidence; only material contradictions that result in a miscarriage of justice are fatal.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Egesimba v. Onuzuruike (2002) NLC-1181998(SC) at pp. 20–21; Paras D–A.
"Not all contradictions result in the rejection of the evidence of a witness but only those that are material and result in a miscarriage of justice. I do not see how the seeming contradictions highlighted by the learned trial Judge could be said to result in a miscarriage of justice in the circumstances of this case."
EXPLANATION / SCOPE
Minor or trivial contradictions do not warrant rejection of a witness’s evidence. Only material contradictions that affect the substance of the case and cause a miscarriage of justice are fatal. The principle applies the harmless error doctrine. The court must distinguish between material and immaterial inconsistencies. The trial judge may still believe a witness despite minor discrepancies. The appellant must show that the contradiction created reasonable doubt. The rule prevents acquittal based on technicalities. The court will examine whether the contradiction goes to an essential element. The principle promotes justice over technical perfection. The judge must evaluate the totality of the evidence.