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)

Was this dictum helpful?

BURDEN OF PROOF ON HE WHO ALLEGES POSITIVE

The law is elementary that the burden of proof is on the party who alleges the affirmative. Whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist.

– Niki Tobi, JSC. Calabar CC v. Ekpo (2008)

Was this dictum helpful?

HE WHO ASSERTS MUST PROVE

The burden of proving a particular fact is on the party who asserts it. See Okubule v. Oyagbola, (1990) 4 N.W.L.R. (Pt.147) 723; and Ike v. Ugboaja (1993) 6 N.W.L.R. (Pt.301) 539. That is the position in civil cases but the onus does not remain static. It shifts from side to side, where necessary, and the onus of adducing further evidence is on the person who will fail if such evidence was not adduced.

– Adio, JSC. UBN v. Ozigi (1994)

Was this dictum helpful?

BURDEN OF PROOF LIES ON THE PLAINTIFF

The general rule in civil cases is that the burden of proof rests upon the party who substantially assert the affirmative before the evidence is gone into. Therefore, the burden of proof lies on the person who will fail assuming no evidence had been adduced on either side…Where the plaintiff as in this case, pleads and relies on negligence by conduct or action of the defendant, the plaintiff must prove by evidence the conduct or action and the circumstances of its occurrence, which give rise to the breach of the duty of care owed the plaintiff. And that it is only after this, that the burden shifts to the defendant to adduce evidence to challenge negligence on his part.

– Shuaibu JCA. Diamond Bank v. Mocok (2019)

Was this dictum helpful?

FACTS IN DEFENSE CASE MAY STRENGTHEN CLAIMANT’S CASE, AND MAY BE RELIEF UPON

There is no doubt that in civil matters, the onus of proof shifts as the evidence preponderates. I need to say here that a Plaintiff, as the Respondent herein, must succeed on the strength of his own case and not on the weakness of the defence … The rule however changes if the Plaintiff finds in the evidence of the defence facts which strengthen his own case. Where the exception has not happened, the Plaintiff’s case must fail. See Ezekiel Oyinloye v. Babalola Esinkin & Ors. (1999) 5 SCNJ Pg. 278 at 288; Akande v. Adisa & Anor. (2012) 15 NWLR Pt. 1324 Pg. 538 SC; Omoregie v. Aiwerioghene (1994) 1 NWLR Pt. 318 at 488.

— H.M. Ogunwumiju, JCA. First Bank v Oronsaye (2019) – CA/B/335/13

Was this dictum helpful?

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

HE WHO ASSERTS A FACT HAS THE BURDEN TO PROVE THOSE FACTS

Reach more audience. Place advert here.

Was this dictum helpful?

THREE METHODS OF EVIDENTIAL PROOF

Was this dictum helpful?

BURDEN OF PROOF ON HE WHO ALLEGES POSITIVE

Was this dictum helpful?

HE WHO ASSERTS MUST PROVE

Was this dictum helpful?

BURDEN OF PROOF LIES ON THE PLAINTIFF

Was this dictum helpful?

FACTS IN DEFENSE CASE MAY STRENGTHEN CLAIMANT’S CASE, AND MAY BE RELIEF UPON

Was this dictum helpful?

STANDARD OF PROOF IN CRIMINAL PROCEEDINGS

Was this dictum helpful?