WHETHER A SELF-CONTRADICTORY AFFIDAVIT NEED BE CHALLENGED BY THE OTHER PARTY?

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WHETHER A SELF-CONTRADICTORY AFFIDAVIT NEED BE CHALLENGED BY THE OTHER PARTY? 

by Branham Chima. 


✓ DEFINITION(S): 

• Self-contradictory: A thing is said to be self-contradictory when it contains statements or information that are inconsistent. In other words, self-contradiction occurs when different parts of the thing or statement directly say opposites. 

• Challenge: Challenge means to dispute the accuracy, validity, or correctness of something. It involves raising objections regarding a statement, claim, or assertion and often implies a desire to prove it wrong. 


✓ ANSWER: 

Within the ambit of legal proceedings, the integrity and consistency of affidavits hold paramount importance. An affidavit serves as a sworn statement of facts, providing a foundation for various legal actions. However, a fundamental principle of law emerges when an affidavit itself becomes self-contradictory, introducing inconsistency into the facts it attempts to establish. In such instances, the very essence of the affidavit comes into question, and the need for challenge by the opposing party diminishes, as the inherent contradictions undermine the reliability of the stated facts.  

In Atoshi & Ors. v Agbu & Ors. (2018) LPELR-44477(CA), per Omoleye JCA, speaking on the effect of a self-contradictory affidavit said thus: ‘It is also the law that an affidavit is self-contradictory if an information contained in it states inconsistent facts thereon. Hence, once an affidavit is self- contradictory, it needs not be challenged by the other party, as whatever facts the affidavit intends to establish would have been destroyed by the contradictions. See the cases of: (1) Ejefor v. Okeke (2000) 7 NWLR (Pt.665) P.363; (2) Ekekeugbo v. Fiberesima (1994) 3 NWLR (Pt.335) P.707 and (3) Balogun v. Shonibare (1997) 3NWLR (Pt.493) P.317.’ 


✓ KEY POINTS: 

The key points on self-contradictory Affidavits are: 

• An affidavit is considered self-contradictory when it contains information that presents inconsistent or conflicting facts within the same document. 

• Once an affidavit exhibits self-contradiction, there is no need for the opposing party to challenge it further. 

• Contradictions within an affidavit can significantly undermine the credibility and reliability of the facts it aims to establish. 

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