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A PLAINTIFF WHO CANNOT DISCHARGE BURDEN OF PROOF MUST LOSE

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Dictum

Para. 28: “This rule, that proof rests on he who asserts the affirmative and not on he who denies, “is an ancient rule founded on consideration of common sense and should not be departed from without strong reasons”, according to Lord Maugham in the case of Constantine Line v. Imperial Smelting Corporation (1942) A.C. 154 at p. 174. In assuming the burden of proof, it means that if at the end of the day the plaintiff has not produced evidence to discharge the burden on him he must lose the decision on the particular issue. However, being a civil matter the burden that the plaintiff assumes is one of a proof by preponderance of probability or sometimes called reasonable probability.”

— Saidykhan v GAMBIA (2010) – ECW/CCJ/JUD/08/10

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BURDEN OF PROOF ALWAYS ON THE PROSECUTION; BURDEN FOR INSANITY ON THE ACCUSED

The law is trite, that in all criminal cases in common law countries like Nigeria which operates from time immemorial, common law jurisprudence, the burden of proof is always on the prosecution. This notion is entrenched in Section 135 of the Evidence Act which further put the standard of such proof to be beyond reasonable...

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STANDARD OF PROOF IN CRIMINAL PROCEEDINGS

It was not for the appellant to prove that the stick he held did not and could not cause the injuries. It is for the prosecution to prove that its use caused the injuries. The burden does not shift. The standard of proof required is very high. On this point, Lord Diplock says – In...

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ACTIO POPULARIS – HE WHO CHALLENGES MUST PROOF

Para. 25: “Therefore, where a party asserts a fact, he must produce evidence to substantiate the claim. It is not sufficient simply to challenge a law or State policy or practice in the abstract (actio popularis) without demonstrating how the alleged victim is individually affected. The complaint must be sufficiently substantiated. See Aumeeruddy-Cziffra and Others v. Mauritius (Communication No. R.9/35) 9 April 1981 decided in the African Commission on Human and People’s Rights.”

— Osaghae v Nigeria (2017) – ECW/CCJ/JUD/03/17

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THREE WAYS OF PROVING CRIMINAL OFFENCES

The law recognises three ways of proving criminal offences namely:- (a) Through confessional statement of the accused person; or (b) By direct eye witness account of the commission of the offence charged, or (c) through circumstantial evidence. See Akpan v State (2009) 39 WRN 27; (2008)14 NWLR (pt.1106)72; Bassey v State (2012) 12 NWLR (pt.1314)209;...

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BURDEN OF PROOF IS ON PROSECUTION TO ESTABLISH MURDER

It is however settled law that it is the duty of the prosecution to establish or prove the charge/case against an accused person. In other words, it is the prosecution that bears the burden of proving the guilt of the accused person. For the court to come to the conclusion that the prosecution has discharged...

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BURDEN OF PROOF ON HE WHO WILL FAIL

In civil cases the burden of first proving the existence or non-existence of a fact lies on the party against whom the judgment of the court would be given if no evidence were produced on either side, regard being had to any presumption that may arise on the pleadings. – Niki Tobi, JSC. Calabar CC...

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