"This court in Aruna v State (1990) 6 NWLR (Pt. 155) 125 at 134 held that where the testimonies of the prosecution witnesses clearly conflict, it is not open to pick and choose between the testimonies. 

Also it is not open to the court to credit one and discredit the other unless a proper foundation is laid for such a course. In such a situation the doubt that naturally flows is to be resolved in favour of the appellant. I call in aid the case of Onubogu v State (1974) 9 SC 1."

PER M.  U. PETER-ODILI, J.S.C IN THE CASE OF COMMISSIONER OF POLICE V. MR. EMMANUEL AMUTA, LER (2016)SC. 117/2012