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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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)
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; Haruna v AG Fed (2012)9 NWLR (pt.1306)419.
— A. Sanusi, JSC. Bassey v State (2019) – SC.900/2016
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 section 137(1) of the Evidence Act.
— O. Ogwuegbu, JSC. Uzokwe v. Densy Industries Nig. Ltd. & Anor. (2002) – SC.134/1999
Proof as required under the Evidence Act is not applicable in arbitral proceedings as provided for in Section 256(1)(a) of the Act which says that: “This Act shall apply to all judicial proceedings in or before any Court established in the Federal Republic of Nigeria, but it shall not apply to – (a) Proceeding be an arbitrator.” Absence of evidence in proof of facts submitted to an arbitrator, required under the Evidence Act, is not a ground for setting aside an arbitral award.
– Garba, JCA. Dunlop v. Gaslink (2018)
What matters always in this kind of situation is that there must be proof of such a sentence. A criminal conviction and sentence must be proved by the CTC of the judgment of court delivered or any admissible way of proving same and the said judgment must reflect all the ingredients of a valid judgment to bind the parties concerned. This is unfortunately where the Appellants could not proceed further or substantiate the sentence of fine against the 2nd Respondent. At page 3228 (vol.5) of the record, PW1 and PW12, who gave evidence on the US proceedings did not dispute the fact that the 2nd Respondent was not at any time, charged before any court, caused to make a plea, convicted or sentenced for any offence. Similarly, at page 3464 ( vol.5) of the record, RW2, a US attorney and an associate of the 2nd Respondent, testified that the 2nd Respondent was never convicted or fined for any criminal offence in the United States. In fact, PW1 confirmed that the proceedings in Exhibit PA5 series are civil proceedings, while equally admitting that he never mentioned anything about charge in the proceedings and that he never had one. By virtue of section 135 of the Evidence Act, it is beyond peradventure that the proof of this allegation ought to be beyond reasonable doubt. Section 249 of the Evidence Act clearly prescribes the manner of discharging this proof, by the provision of “certificate purporting to be given under the hand of a police officer” from the US, “containing a copy of the sentence or order and the finger prints of the 2nd Respondent or photographs of the finger prints of the said 2nd Respondent, together with evidence that the finger prints of the person so convicted are those of the 2nd Respondent. See PML (NIG.) LTD. V. F.R.N. (2018) 7 NWLR (PT. 1619) 448 AT 493.
— Uwani Abba Aji JSC. Peter Obi & Anor. v. INEC & Ors. (SC/CV/937/2023, Thursday the 26th day of October 2023)
It is also the established law that in a declaration of title, the burden or proof on the plaintiff is not discharged even where the scales are evenly weighted between the parties. See Odiete and Ors. v. Okotie and Ors. (1975) 1 NMLR 178 applied in Saka Owoade and Anor. v. John Abodunrin Onitola and Ors. (1988) 2 NWLR (Pt. 77) 413.
— Dike & Ors. V. Francis Okoloedo & Ors. (SC.116/1993, 15 Jul 1999)
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