settled. It is not every minor contradiction that matters for a Trial Judge to
disbelieve a Witness, the Contradiction in his Evidence must be on a Material
Point - KALU V. STATE (1988) 3 NSCC 1. Thus, the Law allows room for
Minor Discrepancies in the evidence of Witnesses, which may not be fatal to
the Prosecution's case. The word "Contradiction" comes from two Latin
words ‘Contra’ meaning opposite, and ‘dicere’, which means to say the
Opposite. So, to contradict is to speak or affirm the contrary, and a piece of
evidence is contradictory to another when it asserts or affirms the opposite
of what the other asserts and not necessarily when there are minor
discrepancies in the details between them.
As NNAEMEKA-AGU, JSC, said in OGOALA V. STATE "contradiction between
two pieces of evidence goes rather to the essentiality of something being or
not being at the same time, whereas minor discrepancies depend on the
person's astuteness and capacity for observing meticulous detail" - SEE
AKPAN V. STATE (1991) 3 NWLR (PT. 182) 646 SC, DAGGAYA V. STATE
(2006) 7 NWLR (PT. 980) 637 SC and OCHEMAJE V STATE (2008) 15
NWLR (PT. | 109) 57, where in TOBI, JSC, explained - Contradictions
definitely arise in evidence of witnesses in Court. That explains the human
nature and the humanity in witnesses. Although witnesses see and watch the
same event, they may narrate it from different angles, in their individual
peculiar focus, perspective or slant. This does not necessarily mean that the
event they are narrating did not take place. It only means most of the time
that the event took place, but what led to the event was given different
interpretations, arising from the senses of sight and mind dictated by their
impressions and idiosyncrasies. That is why the law says that contradictions,
which are not material or substantial, will go to no issue. The Main Interest
of the Court is that the witnesses are in Union or Unison as to the happening
of the event but gave different versions in respect of the peripheral
surrounding the event.
As regards the Contention that there was a Contradiction between the
Testimony of Mr. Japheth Wubon who testified that he did not know whether
the Grains were Purchased or whether the Funds were embezzled, on the
152