Court to disregard the evidence led by certain witnesses. He argued that
during her testimony, PW1, Hauwa Kulu Usman, the Widow of the Late
Contractor had stated that the Sum of N90 Million Naira was paid by Mr.
Suleiman to the Defendant, whilst PW2, Mr. Suleiman had stated that N80
Million Naira was paid but to Salman Global Ventures. He then challenged
the contradiction of Alhaji Tutare, when he initially stated that he shared
part of the Money; then later stated that he collected the Money and gave
same to the Defendant, and then in another breath, he stated that the Money
was paid to Salman Global Ventures. Since the above was challenged, the
Prosecution ought to have adduced further evidence in establishing this fact.
Now, it is clear that for a contradiction to be material, the essence of what
was said must be substantial and must severely affect the substance of the
case. There must be an inconsistent account of the same event such that
serious doubt on the case is presented. In the case of OLATUNBOSUN VS
THE STATE (2011) ALL FWLR PART 555, 304 @ 344 PER NWEZE JCA
(AS HE THEN WAS, NOW JSC), it was held that such inconsistent account
would be treated with suspicion, and in any event, Courts have even taken
the view that witnesses may not always speak of the same facts or events
with equal and regimented accuracy.
Reference is also made to the case of BASSEY VS THE STATE (2012) ALL
FWLR PART 633, 1816 AT 1832 S.C. See also the Case of
TEMPLENWANKWOALA VS FEDERAL REPUBLIC OF NIGERIA (2018)
LPELR-43891 (SC), where it was held that a piece of evidence contradicts
another when it affirms the opposite of what that other evidence has stated,
and not when there is just a minor discrepancy between them. Two pieces of
evidence contradicts one another when they are themselves inconsistent. A
discrepancy may occur when a piece of evidence stops short of, or contains a
little more than what the other evidence says or contains minor differences
in details. See also the cases of GABRIEL VS THE STATE (1989) 5 NWLR PT
122 AT PAGE 460; ONUBOGU & ANOR VS THE STATE (NSCC) AT PAGE
358. It is only material contradictions that are to be considered. Per
RHODES-VIVOUR JSC.
261