LEGAL PRINCIPLE: EVIDENCE LAW — Witness Credibility — Inconsistent Witness Not Entitled to Credibility
PRINCIPLE STATEMENT
No witness who has given on oath material inconsistent evidence is entitled to the honour of credibility. Such a witness does not deserve to be treated as a truthful witness.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Ezemba v. Ibeneme & Anor (2004) NLC-1422000(SC) at p. 11; Paras C–D.
"No witness who has given on oath material inconsistent evidence is entitled to the honour of credibility. Such a witness does not deserve to be treated as a truthful witness."
EXPLANATION / SCOPE
A witness who gives materially inconsistent evidence on oath is not entitled to credibility. Such inconsistency demonstrates untruthfulness. The principle applies to evidence and witness assessment. The court may reject the testimony of an inconsistent witness entirely. The rule protects the integrity of judicial proceedings. The trial court is best positioned to detect and evaluate inconsistencies. Inconsistent evidence destroys the witness’s credibility.
