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HE WHO ALLEGES MUST PROVE

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✓ Para. 25: In Petrostar (Nigeria) Limited V. Blackberry Nigeria Limited & 1 or (2011) CCJELR, the Court in its consideration reiterated the cardinal principle of law that “he who alleges must prove”.

✓ Para. 27: In Front for Liberation of the State Of Cabinda V. Republic Of Angola 5th November 2013, ACHPR, 328/06, 54TH Ordinary Session, where the Plaintiffs brought the application on behalf of the People of Cabinda on alleged violations of Articles 19, 20, 21, 22 and 24 of the African Charter, by infringing on their rights to natural resources, authorizing exploitation activities that did not favor the development of the people of Cabinda and allowing companies to operate in manners that are harmful to the environment and human health. The Commission held that the complainant failed to adduce evidence to support that the people of Cabinda were treated unequally in comparison to other people in Angola in violation of Article 19 of the Charter.

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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...

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THE PERSON WHO WOULD LOSE HAS THE GENERAL BURDEN

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...

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PROVING PAYMENT OF MONEY INTO A BANK ACCOUNT

As proof of payment of money into a bank account, the Supreme Court in Saleh v. B.O.N Limited (2006) 6 NWLR Pt. 976 Pg. 316 at 327 held that: “In a situation such as this, where the appellant claimed to have repaid the loan overdraft against the statements of accounts tendered by the respondent bank...

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SECTION 131 EVIDENCE ACT, HE WHO ASSERT MUST PROVE

Section 131 of the Evidence Act states that any person who desires any Court to give judgment as to any legal right or liability dependent on the existence of facts shall assert and prove that those facts exist U. I. C. Ltd Vs T. A. Hammond Nigeria Ltd (1998) NWLR (Pt 565) 340, Okoye Vs...

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THREE WAYS OF PROVING CRIMINAL OFFENCES

The law recognises three ways of proving criminal offences namely:- (a) Through confessional statement of the accused person; or (b) By direct eye witness account of the commission of the offence charged, or (c) through circumstantial evidence. See Akpan v State (2009) 39 WRN 27; (2008)14 NWLR (pt.1106)72; Bassey v State (2012) 12 NWLR (pt.1314)209;...

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BURDEN OF PROOF WHERE PARTY ALLEGES THE NEGATIVE

DASHE & ORS V DURVEN & ORS (2019) LPELR-48887 where my learned brother Ugo, JCA held: “While it is true that the burden of proof is generally on the person who substantially asserts the positive of an issue, and not on the person who makes a negative assertion, there is a caveat to that principle...

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