EVIDENCE LAW — Discrepancy vs Contradiction — Definition
Ratio Decidendi
Per Muhammad, JSC, in Wachukwu & Anor v. Owunwanne & Anor (2011) NLC-123-87-2001(SC) at p. 11; Paras B—E:
"The word 'Contradiction' is a simple English word. It derives from two Latin words: 'Contra' and 'Deco-ere-dixi-dictum,' meaning, 'to say the opposite', hence, 'contradictum' A piece of evidence contradicts another when it affirms the opposite of what that evidence has stated, not when there is just a minor discrepancy. And two pieces of evidence contradict one another when they are by themselves inconsistent. On the other hand, a discrepancy may occur when a piece of evidence stops short or, contains a little more than what another piece of evidence says or contains; some minor differences in detail."
Explanation / Scope
This principle distinguishes contradiction from discrepancy: contradiction occurs when evidence affirms the opposite of another, while discrepancy is a minor difference in detail. The principle applies where inconsistencies in evidence are alleged. It ensures that the nature of the inconsistency is properly characterized. The principle reflects the distinction between material and minor differences. It prevents mislabeling of discrepancies as contradictions. The court must assess the nature of the inconsistency. The principle provides guidance on contradiction and discrepancy.