BURDEN TO PROVIDE RECORDS OF PENSION IS ON GOVERNMENT

In the case of Registered Trustees of Association of Former Telecom Employees of Nigeria &17,102 Ors. V. Federal Republic of Nigeria & Ors; ECW/CCJ/JUD/20/19, when this court held that: “It follows therefore that once the claimant makes out a prima facie case of entitlement to pension, by proof of employment but lacks access to the key information needed to substantiate his claim same being in the control of Respondent, such claim cannot fail due to being unsubstantiated. It is a recognized fact that salary records and computations matrix are in the normal cause of events in the custody and preserve of the employer in this case the Respondent. The burden to provide records of the pension entitlement of the Applicant having shifted to the Respondent, the Applicants are exonerated from proving their entitlement.”

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PLAINTIFF HAS ONUS TO PROVE LEGAL CAPACITY WHERE CHALLENGED

I think the learned Justice, with respect, was in error when he said that “the onus is on a plaintiff to aver its legal capacity.” I think the correct statement of the law is that where the legal capacity of the plaintiff is challenged by the defendant, the onus is on the former to prove his legal capacity. I believe it is this error that led their Lordships astray. This burden to prove a matter can only be discharged by leading evidence, oral or documentary, in proof of same. The plaintiff was not given the opportunity to do so in this case, before her action was struck out. I think both courts below are wrong in the course taken by them.

— Ogundare, JSC. Bank of Baroda v. Iyalabani (2002) – SC.59/1998

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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 v. Ekpo (2008)

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PROOF OF DELIVERY OF DOCUMENT

Agbaje v. Fashola (2008) 6 NWLR (Pt. 1082) 90 at 142. “Where it is alleged that a document was delivered to a person who denies receiving such document, proof of delivery to such person can be established by: (a) dispatch book indicating receipt; or (b) evidence of dispatch by registered post; or (c) evidence of witness, credible enough that the person was served with the document.”

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FORGED DOCUMENT IN INTERMEDIATE STEP IN THE SCHEME OF FRAUD

The law is that where a document was used as an intermediate step in the scheme of fraud in which the accused is involved, if it shown that such a document, was false and was presented or uttered by an accused person in order to gain an advantage, an irresistible inference exists that either the accused forged the document with his own hand or procured someone to commit the forgery. It is therefore immaterial who actually forged a document so long as an accused person is a party to the forgery.

— J.H. Sankey, JCA. Brila Energy Ltd. v. FRN (2018) – CA/L/658CA/2017

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PLAINTIFF CANNOT RELY ON ADVERSARIAL CASE WEAKNESS

The law does not permit a plaintiff to rely on the weakness of his adversary’s case, unless same supports his claim. – Aderemi JCA. Irawo v. Adedokun (2004)

HE WHO ASSERTS FORGERY MUST PROVE IT

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BURDEN TO PROVIDE RECORDS OF PENSION IS ON GOVERNMENT

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PLAINTIFF HAS ONUS TO PROVE LEGAL CAPACITY WHERE CHALLENGED

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BURDEN OF PROOF ON HE WHO WILL FAIL

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PROOF OF DELIVERY OF DOCUMENT

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FORGED DOCUMENT IN INTERMEDIATE STEP IN THE SCHEME OF FRAUD

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PLAINTIFF CANNOT RELY ON ADVERSARIAL CASE WEAKNESS

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