Legal Nuggets (85):Whether Where Witnesses Of A Party Give Contradictory Evidence On Material Facts, Their Evidence On The Point Would Be Regarded As Unreliable And Also Be Rejected .- By Adedotun Habeeb Adetunji, LL.M (M.IoD), FCAI

OSADIM v. TAWO (2009) LPELR-8209(CA)

ISSUE
CONTRADICTORY EVIDENCE : Whether where witnesses of a party give contradictory evidence on material facts, their evidence on the point would be regarded as unreliable and also be rejected

PRINCIPLE
"It is trite law that where witnesses of a party gave inconsistent and/ or contradictory evidence on material facts, their evidence on the point must be regarded as unreliable and also must be rejected. Contradictions of a minor details in the evidence adduced on behalf of a party which do not affect the substance of the issue to be adduced are irrelevant and do not vitiate the case of a party. The relevant contradiction is that which amounts to a disparagement of other pieces of evidence adduced, thereby making it unsafe for the Court to rely on either. See Uwaekweghiya vs. State (2005) 9 NWLR Part 930 p. 227" Per ORJI-ABADUA, J.C.A. (P.29, Paras. A-C)
CITED CASES
Uwaekweghiya vs. State (2005) 9 NWLR Part 930 p. 227

Also, in AFOLABI v. OLA (2016) LPELR-40186(CA)

ISSUE
CONTRACTION IN EVIDENCE : Duty of Court where there is irreconcilable contradiction in the evidence of two or more witnesses

PRINCIPLE
"Where two witnesses or more of a party have given irreconcilable and contradictory statements or pieces of evidence in a matter, every item of evidence contended which tends to corroborate or contradict either of them should be carefully weighed and considered in determining preponderance. See Odi V. Iyala (2004) 4 SC (pt 1). Since documentary exhibits are usually read together to resolve any conflict that may arise in a dispute as in the instant case, the learned trial Court in my view did the right thing by going beyond the parties' traditional evidence to so do . See the case of Ezenwa V. K.S.H.S.M.B supra." Per DANJUMA, J.C.A. (Pp. 29-30, Paras. F-C)