The level of proof needed in the circumstances of this case is as per the required standard of proof in civil case, it is a cardinal principle of law that civil cases are decided on the preponderance of evidence and balance of probabilities. See the cases of Emeka v. Chuba- Ikpeazu and Ors., (2017) 15 NWLR (Pt. 1583) 345, A.B.C. (Transport Company) Ltd. v. Miss Bimmi Omotoye (2019) LPELR-47829 (SC).
— S.J. Adah, JCA. Luck Guard v. Adariku (2022) – CA/A/1061/2020
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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)
My noble lords, nobody is disputing or denying the operation of the general principle of proof in civil matters by casting the burden of proof on the plaintiff where the averments contained in the statement of claim were traversed by the defendant. In such a situation, the defendant will have to wait for the plaintiff to lead evidence in proof of his averments. This is understandable. It is also elementary. It accords with common sense as he who invokes the aid of the law should be the first to prove his case. But, where the situation presents a little difficulty is in a statement of defence where the defendant introduces a new issue which transforms his line of defence by transforming him now into an asserter of a fact which requires evidence to be led first in order to discharge the burden now cast on him and in order not to allow the suit to stagnate. By way of example: A sues for money due on a bond. The execution of the bond is admitted, but says that it was obtained by fraud, which A denies. If no evidence were given on either side, A would succeed as the bond is not disputed and the fraud is not proved. Therefore, the burden of proof is on B, although a defendant. It was who introduced fraud. It was his duty to prove it in order to succeed. It is only by settling the issue of fraud, firstly, in one way or the other that a meaningful progress can be made by the court of trial towards the completion of the entire trial.
— Muhammad JSC. Nnaemeka Okoye & Ors. v. Ogugua Nwankwo (SC. 234/2004, 27 Jun 2014)
In civil cases, the ultimate burden of establishing a case is as disclosed on the pleadings. The person who would lose the case if on completion of pleadings and no evidence is led on either side has the general burden of proof. See Elemo & Ors. v. Omolade & Ors (1968) NMLR 359. See also section 137(1) of the Evidence Act.
— O. Ogwuegbu, JSC. Uzokwe v. Densy Industries Nig. Ltd. & Anor. (2002) – SC.134/1999
It is also the established law that in a declaration of title, the burden or proof on the plaintiff is not discharged even where the scales are evenly weighted between the parties. See Odiete and Ors. v. Okotie and Ors. (1975) 1 NMLR 178 applied in Saka Owoade and Anor. v. John Abodunrin Onitola and Ors. (1988) 2 NWLR (Pt. 77) 413.
— Dike & Ors. V. Francis Okoloedo & Ors. (SC.116/1993, 15 Jul 1999)
The onus in such cases lies on the plaintiff to satisfy the court that he is entitled on the evidence brought by him to the declaration of title claimed. In this regard, the plaintiff must rely on the strength of his own case and not on the weakness of the defendant’s case. If this onus is not discharged, the weakness of the defendant’s case will not help him and the proper judgment will be for the defendant. See Kodilinye v. Mbanefo Odu (1935) 2 WACA 336 at 337 and Frempong v. Brempong (1952) 14WACA 13. Any evidence, however, adduced by the defendant which, to any extent is favourable to the plaintiff’s case will undoubtedly go to strengthen the case for the plaintiff. See Josiah Akinola and Another v. Oluwo and Others (1962) 1SCNLR 352, (1962) 1 All NLR 224 at 225, Oduaran v. Asarah (1972) 1 All NLR (Pt.2) 137, Idundun and Others v. Daniel Okumagba (1976) 9 – 10 SC 227.
— Iguh, JSC. Olohunde v. Adeyoju (2000) – SC.15/1995
Proof as required under the Evidence Act is not applicable in arbitral proceedings as provided for in Section 256(1)(a) of the Act which says that: “This Act shall apply to all judicial proceedings in or before any Court established in the Federal Republic of Nigeria, but it shall not apply to – (a) Proceeding be an arbitrator.” Absence of evidence in proof of facts submitted to an arbitrator, required under the Evidence Act, is not a ground for setting aside an arbitral award.
– Garba, JCA. Dunlop v. Gaslink (2018)
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