Now, a piece of evidence is said to be contradictory to another piece of evidence, when it asserts or affirms the opposite of what the other piece of evidence asserts. It is settled that if the contradiction in the evidence adduced by the Prosecution goes to the root of the case, as to raise doubt in the mind of a Court, the Court should not convict. In other words, if there is contradiction in evidence as to material fact, which raises doubt, the benefit of doubt must be given to the Accused. However, where the contradictions are not as to material facts, such contradictions should not disturb the finding of guilt, if sufficient evidence has been led on material facts to the Charge see Ochemaje V. State (2008)15 NWLR (Pt. 1109) 57SC, wherein 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 that 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.
— A.A. Augie, JSC. Usman v The State (2019) – SC.228/2016
