THREE METHODS OF EVIDENTIAL PROOF

The law is also trite that the three methods of evidential proof as held by the Supreme Court Per, Ogunbiyi, J.S.C in the case of OKASHETU V STATE (2016) LPELR-40611 (SC) are to wit: a. Direct evidence of witnesses; b. Circumstantial evidence; and c. By reliance on a confessional statement of an accused person voluntarily made.

– Adamu Jauro, JSC. Enabeli v. State (2021)

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BURDEN OF PROOF LIES ON THE PROSECUTION AND IT NEVER SHIFTS

In Alonge v. I.G.P. (1959) 4 FSC 203 at 204; (1959) SCNLR 516, Ademola, CJF stressing the burden of proof on the prosecution in a criminal case observed: “Now, the commission of a crime by a party must be proved beyond reasonable doubt. The burden of proving that any person is guilty of a crime rests on the person who asserts it and this is the law as laid down in section 137 of the Evidence Ordinance. Cap. 62. The burden of proof lies on the prosecution and it never shifts; and if on the whole evidence the court is left in a state of doubt, the prosecution would have failed to discharge the onus of proof which the law lays upon it and the prisoner is entitled to an acquittal”

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DOCUMENT BEING ALLEGED MUST BE PROVED

While oral agreement has the legal capacity to re-order or change the contents of an earlier written agreement, to satisfy the basic requirements of an agreement, the party alleging such agreement must prove it. See sections 135, 136 and 139 of the Evidence Act.

– Tobi JSC. Odutola v. Papersack (2007)

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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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APPELLANT MUST SUCCEED ON ITS OWN BRIEF – WHERE RESPONDENT FILED NO BRIEF

An issue may then be raised as to whether the non-filing of the Respondent’s Brief of Argument will make the Appellants appeal to succeed. All the some, the non-filing of the Brief of Argument in respect of this appeal by the Respondent to the issues ventilated by the Appellant in his Brief of Argument does not mean that it is a work-over for the Appellant. The Appellant still has to justify the appeal against the judgment or decision of the Learned trial Judge based on the strength of his case as borne and by the Records of appeal in this matter. The failure of a Respondent to file a reply Brief is immaterial. This is because an Appellant will succeed on the strength of his own case. But a Respondent will be deemed to have admitted the truth of everything stated in the Appellant’s Brief in so far as such is borne out by the Records. In other words, it is not automatic. An Appellant must succeed or fall on his own Brief.

– P.O. Elechi, JCA. Emori v. Egwu (2016) – CA/C/259/2013

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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)

WHAT IS PROOF IN LAW

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THREE METHODS OF EVIDENTIAL PROOF

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BURDEN OF PROOF LIES ON THE PROSECUTION AND IT NEVER SHIFTS

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DOCUMENT BEING ALLEGED MUST BE PROVED

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CIVIL CASES ARE DECIDED ON THE PREPONDERANCE OF EVIDENCE

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APPELLANT MUST SUCCEED ON ITS OWN BRIEF – WHERE RESPONDENT FILED NO BRIEF

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PLAINTIFF SUCCEEDS ON THE STRENGTH OF HIS CASE

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