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CORRUPT PRACTICES ARE TO BE PROVED BEYOND REASONABLE DOUBT

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Dictum

In the instant case, the Petitioners have grounds of non-compliance with the Electoral Act 2022 and allegation of corrupt practices. Section 134(1) (b) refers to the ground of corrupt practices or non-compliance. If the ground pursued in any petition is simply non-compliance with the Act and there is no tincture of allegation of crime, the proof required would be on the balance of probabilities. But the standard of proof in any ground that is primarily on corrupt practices would require proof beyond reasonable doubt, that allegation being criminal in nature.

— H.S. Tsammani, JCA. Atiku v PDP (CA/PEPC/05/2023, 6th of September, 2023)

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GUILT BEYOND REASONABLE DOUBT IS THE BASIC

The basic necessity before a verdict of guilty in a criminal charge can be pronounced is that the jury are satisfied of the guilt of the accused beyond all reasonable doubt.

– Nnamani JSC. Lori v. State (1980)

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AN OFFENCE MUST BE PROVED BEYOND REASONABLE DOUBT

A fortiori, by virtue of Section 138(1) of the Evidence Act, if the commission of an offence by a party is directly in issue in any criminal or civil proceeding, it must be proved beyond reasonable doubt.

– Saulawa, JSC. Makanjuola v. State (2021)

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BETTER FOR TEN GUILTY PERSONS TO GO FREE THAN ONE INNOCENT SHOULD SUFFER

As we indicated in Stephen Ukorah v. The State (1977) 4S. C. 167 there is great need for a trial court to tread cautiously in the application of circumstantial evidence for the conviction of an accused for any offence with which he is charged. The Romans we pointed out, with approval, in Ukorah (Supra at p .177) had a maxim that it is better for a guilty person to go unpunished than for an innocent one to be condemned: and Sir Edward Seymour speaking on a Bill of Attainder in 1696 laid greater emphasis on this maxim when he stated that he would rather “that ten guilty persons should escape than one innocent should suffer.” That also was our view in Ukorah (Supra).

— Idigbe, JSC. Adie v. State (1980) – SC24/1978

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PROOF BEYOND REASONABLE DOUBT DEPENDS ON THE QUALITY OF WITNESSES

It is a settled principle of law that in criminal proceedings the prosecution must establish the guilt of the accused person beyond reasonable doubt. It is also well settled that proof beyond reasonable doubt does not mean proof beyond the shadow of a doubt or beyond any iota of doubt. If the prosecution has led evidence that is cogent, credible and compelling, which points irresistibly to the guilt of the accused, it would have discharged the burden. Proof beyond reasonable doubt depends not on the quantity of witnesses for the prosecution but upon the quality of the evidence given.

— K.M.O. Kekere-Ekun, JSC. State v Sani Ibrahim (2019) – SC.1097/2016

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BURDEN ON PROSECUTION – STANDARD OF PROOF IS REASONABLE DOUBT

The standard of proof required in a murder case as in all criminal cases is proof beyond reasonable doubt. The onus of proof is on the prosecution and not on the defence. It is after the prosecution has produced necessary evidence to establish its case that the burden shifts unto the defence if he has any contradicting evidence to call his own witness to establish such evidence.

– OMOBONIKE IGE, J.C.A. Etumionu v. AG Delta State (1994)

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LORD DENNING’S COMMENT ON REASONABLE DOUBT – ‘FANCIFUL POSSIBILITIES’

Denning , J., (as he then was) stated in Miller v. Minister of Pensions (1947) 2 All ER 372, 373: “does not mean proof beyond the shadow of doubt. The law would fail to protect the community if it admitted of fanciful possibilities to defect the course of justice. If the evidence is so strong against a man as to leave only a remote possibility in his favour which can be dismissed with the sentence ‘of course it is possible, but not in the least probable’ the case is proved beyond reasonable doubt but nothing short of that will suffice.”

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