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WHAT IS PROOF BEYOND REASONABLE DOUBT

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It is trite law that in all criminal trials, the burden of proving the guilt of an accused person rests on the prosecution which has to prove the case beyond reasonable doubt. What does proof beyond reasonable doubt mean It simply means establishing the guilt of an accused person with compelling and conclusive evidence. It does not mean proof beyond all doubt or all shadow of doubt or proof to the hilt. In Miller v Minister of Pensions (1947) 2 All ER, 372, it was held that “proof beyond reasonable doubt does not mean proof beyond all shadow of doubt and if the evidence is strong against a man as to leave only a remote probability in his favour, which can be dismissed with the sentence, “of course it is possible”, the case is proved beyond reasonable doubt.” — J.I. Okoro, JSC. Chibuike Ofordike V. The State (SC.695/2016, 2019

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PLAINTIFF SUCCEEDS ON THE STRENGTH OF HIS CASE

It was the appellants herein as plaintiffs that desired that the trial Court grant the reliefs they claimed for on the basis that the facts they assert in their pleadings exist and it is their case that will fail if they fail to adduce evidence to prove the existence of those facts. They can only secure the favourable Judgment they desire on the strength of their case as established by legal evidence and not on the weakness or absence of a defence. Therefore, the legal burden to prove the said facts upon which the success of their case depends rests squarely on them by virtue of S.s 131, 132 and 133 (1) and (2) of the Evidence Act 2011.

– Agim JSC. APC v. Obaseki (2021)

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PLAINTIFF MUST RELY ON HIS OWN STRENGTH, NOT WEAKNESS OF THE DEFENCE

It is settled that in a claim for declaratory reliefs, the plaintiff must prove his entitlement thereto, by cogent and credible evidence. He must rely on the strength of his own case and not on the weakness of the defence. Indeed, a declaratory relief will not be granted on the basis of an admission by the adverse party. See MOHAMMED V WAMMAKO (2018)7 NWLR (pt 1619) 573 at 591 – 592. — M.L. Shuaibu, JCA. Ekpo v GTB (2018) – CA/C/324/2013

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HE WHO ALLEGES MUST PROVE

Para. 61: “It is trite law that he who alleges bears the burden of making out a prima facie case in support of his averments, the court in its consideration reiterated the cardinal principle of law that “he who alleges must prove”. Therefore, where a party asserts 26 a fact, he must produce evidence to substantiate the claim. The Applicant has not been able to establish that he was treated differently from other members in similar situation with him. In the absence of evidence to support a different treatment in similar situations, the Applicant’s claim of violation of equality before the law and freedom from discrimination is hereby dismissed.”

— Boley v Liberia & Ors. (2019) – ECW/CCJ/JUD/24/19

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WAYS OF PROVING THE COMMISSION OF A CRIME

There are 3 ways to prove the commission of a crime as enunciated in the case of Lucky vs State (2021) LPELR 53541 (CA) page 88, which are:
a. The confessional statement of the accused person; b. Through circumstantial evidence; c. Evidence of an eye witness to the crime.

– PER I.S. BDLIYA, J.C.A. Barma v. State (2022) – CA/G/119c/2021

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BURDEN OF PROOF LIES ON THE PLAINTIFF

The general rule in civil cases is that the burden of proof rests upon the party who substantially assert the affirmative before the evidence is gone into. Therefore, the burden of proof lies on the person who will fail assuming no evidence had been adduced on either side…Where the plaintiff as in this case, pleads and relies on negligence by conduct or action of the defendant, the plaintiff must prove by evidence the conduct or action and the circumstances of its occurrence, which give rise to the breach of the duty of care owed the plaintiff. And that it is only after this, that the burden shifts to the defendant to adduce evidence to challenge negligence on his part.

– Shuaibu JCA. Diamond Bank v. Mocok (2019)

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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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