one affirms the opposite of the other…for contradiction
to be fatal to any case, it must be so material to the
extent that it casts serious doubts on the entire case
presented by a party against whom it is raised.”
- Olayinka V. State {2007} 45 WRN 147
- Akpa V. State {2008} 29 WRN 27
- Eke V. State {2011} 10 WRN 1
- Mohammed V. State {2013} 21 WRN 1
In this case the defence counsel was not detailed in his
argument on the issue. He starved this court on the areas of
the alleged contradictions in the testimonies and extrajudicial statements of the prosecution witnesses, and it is not
the duty of this court to sift or sieve out the inconsistencies
as that will be an affront to the adversarial system of our
criminal justice adjudication.
Despite the fact that I have gone through both their
evidence and their respective extra-judicial statement, I am
unable to fish out, even with the eagle eye of a court where
the evidence of the witnesses are in conflict with essential
ingredients of the offences with which the defendants were
arraigned. On this premise, the defence counsel’s weak
invitation to emasculate the evidence of PW4 and PW5, is
hereby dishonored. I so hold.
Furthermore the truth of the confession its authenticity and
veracity having been attested by the evidence of PW4 and
PW5 which is consistent with the confessional statement as
earlier pointed out in this judgment, makes the confession
truthful and believable, and this court has accepted it.
34