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
SHARE ON
In civil cases, proof is based on balance of probabilities and it rests on the party who asserts the affirmative, in this case the appellant and he failed to discharge the burden on him. Daodu v. N.N.PC. (1998) 2 NWLR (Pt. 538) 355 at 365 (SC); Lewis and Peat (N. R.I) Ltd v. Akhimien (1976) 7 SC 157 at 169; Mogaji v. Odofin (1978) 4 SC 91; Elias v. Omobare (1982) 5 SC 25. The point has to be made that it is not in all instances where the usual or the norm must play out. This is because, certain peculiar features might be present which will change the course of events like who takes the first shot at the evidence. The courts and counsel should move away from discussing technical matters when the substantial matter in a case is the issue: Buhari v. A Obasanjo (2005) All FWLR (Pt. 258) 1604, (2005) 13 NWLR (Pt. 941) 1 at 297; per Pats-Acholonu JSC; Broad Bank Nigeria Limited v. Alhaji S. Olayiwola and Sons Limited (2005)All FWLR (Pt.251) 236, (2005) 3 NWLR (Pt. 912) 434.
— M. Peter-Odili JSC. Nnaemeka Okoye & Ors. v. Ogugua Nwankwo (SC. 234/2004, 27 Jun 2014)
A plethora of authorities abound that a party in a suit for declaration of title to land cannot depend on the weakness of an opponent’s case to succeed. See Kodilinye v. Odu 1935 2 WACA 336, Akinola v. Olowu 1962 1 SCNLR 352, and Ibeziako v. Nwegbogu 1970 1 NMLR 113.
— A.M. Mukhtar JSC. Ohochukwu V. AG Rivers State & Ors. (SC.207/2004 • 17 February 2012)
It is trite law that in all criminal trials, the burden of proving the guilt of an accused person rests on the prosecution which has to prove the case beyond reasonable doubt. What does proof beyond reasonable doubt mean It simply means establishing the guilt of an accused person with compelling and conclusive evidence. It does not mean proof beyond all doubt or all shadow of doubt or proof to the hilt. In Miller v Minister of Pensions (1947) 2 All ER, 372, it was held that “proof beyond reasonable doubt does not mean proof beyond all shadow of doubt and if the evidence is strong against a man as to leave only a remote probability in his favour, which can be dismissed with the sentence, “of course it is possible”, the case is proved beyond reasonable doubt.” — J.I. Okoro, JSC. Chibuike Ofordike V. The State (SC.695/2016, 2019
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)
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.
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 Nwankwo (2003) FWLR (Pt 156) 992, Chevron (Nig) Ltd Vs Omoregha (2015) 16 NWLR (Pt 1485) 336.
— H.A.O. Abiru, JCA. P.W. Ltd. v. Mansel Motors (2017) – CA/J/240/2016
Click the icons to like, follow, and join JPoetry