BABATUNDE OLUBAMI KOIKI V. THE STATE
August 7, 2025S.O.AJANAKU V. COMMISSIONER OF POLICE
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 16167
In the Supreme Court of Nigeria
Fri Mar 12, 1976
Suit Number: SC. 265/1975
CORAM
MARYAM ALOMA MUKHTAR JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
PIUS JIZURUMBA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged and convicted for manslaughter by the trial court. He was alleged to have drove dangerously thereby causing the death of Donatus Aturucha Ezeala and Martins Osuoha who were passengers in his pick-up van.
HELD
The court held that the inconsistency in the unsworn evidence and sworn testimonies of both PW 4 and 5 cannot discredit their entire testimony.
ISSUES
None.
RATIONES DECIDENDI
INCONSISTENCY OF WITNESS EVIDENCE
A witness may have a good explanation for the inconsistency between his previous unsworn statement and his evidence in court, or the inconsistency may, indeed, be minor and unsubstantial (as in the case in hand with regard to the evidence of P.W.4 and Exhibit 3) in which case the inconsistency may fail to discredit his entire testimony. Per Idigbe JSC
CASES CITED
Joshua v. The Queen (1964) All NLR 1
R. v. Birch (1924) 93 LJKB 385
R. v. Golder Ors (1960) 3 AER 475
Agwu & Ors v. The State (1965) HMLR 18 at 20)
R. v. John Williams (1913) 8 CAR 133
Dr. Gabriel Chidume Azie vs. The State (1973) 3 SC. 149 at 161.
STATUTES REFERRED TO
Criminal Code
Road Traffic Law, Cap 116, Vol.6 Laws of Eastern Nigeria
