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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PERSON WHO ASSERTS HAS ONUS TO PROVE – (ECOWAS Court)

In FEMI FALANA & ANOR V REPUBLIC OF BENIN & 2 ORS (2012) ECW/CCJ/JUD/02/12 PG. 34, the court held that: “As always, the onus of proof is on a party who asserts a fact and who will fail if that fact fails to attain that standard of proof that will persuade the court to believe the statement of the claim”. Vide SIKIRU ALADE VS FEDERAL REPUBLIC OF NIGERIA (2012) ECW/CCJ/JUD/10/12. PARA 48.

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PLAINTIFF MUST RELY ON THE STRENGTH OF HIS CASE AND NOT WEAKNESS OF DEFENDANT’S CASE

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

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LEGAL BURDEN VS EVIDENTIAL BURDEN

Burden of proof is two-fold. The first is the abitity of a plaintiff to establish and prove the entire or reasonable portion of his case before a court of law that can give judgment in his favour. This is always constantly on the plaintiff. The other type is related to particular facts or issues which a party claims exist. It is this burden of proof that oscillates from one party to the other. While the first type of burden of proof is called legal burden or the burden of establishing a case, the second one is called evidential burden Federal Mortgage Finance Ltd v. Ekpo (2004) 2 NWLR (Pt.856) 100 at 122, (2005) All FWLR (Pt. 248) 1667; Ogule Ankpa Agatu Co-operative Group Farming Society v. Nigeria Agricultural and Co-operative Bank (1999) 2 NWLR (Pt.590) 234 … While the legal burden of proof is always stable or static, the burden of proof in the second sense i.e. evidential burden of proof may oscillate constantly accordingly, as one scale of evidence or the other preponderates.

— M. Peter-Odili JSC. Nnaemeka Okoye & Ors. v. Ogugua Nwankwo (SC. 234/2004, 27 Jun 2014)

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CIVIL CASES ARE DECIDED ON THE PREPONDERANCE OF EVIDENCE

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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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 criminal proceedings, by an exception to the general rule founded upon considerations of public policy. If the consequence of a finding that a particular fact is proved will be the conviction of the defendant the degree of probability must be so high as to exclude any reasonable doubt that that fact exists. Generally speaking, no onus lies upon a defendant in criminal proceedings to prove or disprove any fact; it is sufficient for his acquittal if any of the acts, which, if they existed, would constitute the offence with which he is charged are ‘not proved’ Per Lord Diplock in Public Prosecutor v. Yuvavaj (1970) A.C. 913 at 921.

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

SUSPICION IS NO PROOF

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PROOF OF DELIVERY OF DOCUMENT

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PERSON WHO ASSERTS HAS ONUS TO PROVE – (ECOWAS Court)

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PLAINTIFF MUST RELY ON THE STRENGTH OF HIS CASE AND NOT WEAKNESS OF DEFENDANT’S CASE

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LEGAL BURDEN VS EVIDENTIAL BURDEN

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CIVIL CASES ARE DECIDED ON THE PREPONDERANCE OF EVIDENCE

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STANDARD OF PROOF IN CRIMINAL PROCEEDINGS

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