It’s needless to say; same conduct was consummated
while discharging his official duties.
Relying on the decisions in Bassey vs The State
(2012) 12 NWLR (PT 1314) 209 at 239 paragraphs B-C,
this court was urged to disregard the prosecution’s
evidence on grounds of contradictions where the
Supreme Court stated thus:
“Contradiction has been defined as a lack of
agreement between facts related by two persons. It
is clear to me that there is lack of agreement
between facts related by PW1 and PW2. It is not a
minor contradiction which can be given a wave of
the back hand. It is not trivial at all as it
relates to a crucial determination of point. See
ANKWA VS The State (1969) 1 All NLR 133(1969) 1
SCNLR 237. In that wise, the defence urged the
court to discountenance the evidence of PW2 same
being contradictory. Indeed the defence appears to
generally rely on the contradictory nature of the
evidence of the prosecution; I am unable to see
such any contradictions that go to the root of
proving this count charge, if any, they are within
the Dimini mis and deserving any of jettisoning
with the back of the hand. In any event the Accused
person by exhibit 6, which of course is his
confessional statement, has admitted the offence
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