Now, the question that must be asked is whether there was really a Conflict?
The summary of Mr. Wubon in his Oral Testimony before the Court and in
Exhibit R2, his Extra-Judicial Statement, all point to one fact. That fact is
simply that Mr. Wubon stated that the Grains were not purchased as
represented in the Payment Voucher. Whether the Money was embezzled or
not, or whether Security Equipment was bought or not has not changed the
conclusion Mr. Wubon arrived at, which is that the Grains were not
Purchased.
In Exhibit R2, the Position of the Witness is that the Grains were not
Purchased and he could not say whether the Security Gadgets were bought
or not.
In his Testimony before the Court, at the Stage of his Examination in Chief,
he repeated the exact same thing, and justified his statement by stating that
there ought to have been the Retirement of the Funds, which did not happen,
and he categorically stated that Abuja Liaison Office DID NOTPurchase any
Grains. The only thing he said different was that the Money for the Purchase
of Grains was either embezzled or the Security Gadgets were bought. This
last Statement is the only distinguishing factor between his pieces of
evidence and to the mind of the Court, it is his Opinion, more so, as he did
not expressly state what happened one way or the other.
This in the mind of the Court is not a Contradiction.
In Exhibit R2, the Further Statement of Japheth Wubon, dated the 4th of July
2007, he had stated that no Grains was actually Purchased and he could not
also say whether the Security Gadgets were bought or not.
Although this is not the situation in this instant Case, there is also a likely
possibility of a Witness committing mistakes, which can be termed as
omissions, improvements and contradictions, when he is subjected to
lengthy arduous Cross-Examination over a lengthy period of time. Such
omissions, improvements and contradictions will have to be appreciated in
the background of the ground realities, which make the Witness confused
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