CIVIL SUIT IS DECIDED ON THE BALANCE OF PROBABILITIES

Now, civil suits are decided on the balance of probabilities, on the preponderance of evidence. The burden of proof is not static but shifts and the onus of adducing further evidence is on the person who will fail if such evidence is not adduced. See Osuji v Eke [2009] 16 NWLR (Pt 1166) 81.

— O.A. Obaseki-Osaghea, J. Akinsete v Westerngeco (2014) – NICN/LA/516/2012

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BURDEN OF PROOF IS ON PROSECUTION TO ESTABLISH MURDER

It is however settled law that it is the duty of the prosecution to establish or prove the charge/case against an accused person. In other words, it is the prosecution that bears the burden of proving the guilt of the accused person. For the court to come to the conclusion that the prosecution has discharged the burden placed on it by law, it must be satisfied that the conclusion is beyond reasonable doubt as it is settled law that any doubt existing in such a case must be resolved in favour of the accused person. In other words, the standard of proof in criminal trials is that of prove beyond reasonable doubt.

— Onnoghen, JSC. Njoku v. The State (2012)

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FACT UNDISPUTED NEED NO FURTHER PROOF

It is trite that facts not disputed are taken as established and therefore need no further proof. The court can legitimately act on such undisputed fact. – Eko JSC. Chemiron v. Stabilini (2018)

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PROOF OF DELIVERY OF DOCUMENT

Agbaje v. Fashola (2008) 6 NWLR (Pt. 1082) 90 at 142. “Where it is alleged that a document was delivered to a person who denies receiving such document, proof of delivery to such person can be established by: (a) dispatch book indicating receipt; or (b) evidence of dispatch by registered post; or (c) evidence of witness, credible enough that the person was served with the document.”

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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; Haruna v AG Fed (2012)9 NWLR (pt.1306)419.

— A. Sanusi, JSC. Bassey v State (2019) – SC.900/2016

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ACTIO POPULARIS – HE WHO CHALLENGES MUST PROOF

Para. 25: “Therefore, where a party asserts a fact, he must produce evidence to substantiate the claim. It is not sufficient simply to challenge a law or State policy or practice in the abstract (actio popularis) without demonstrating how the alleged victim is individually affected. The complaint must be sufficiently substantiated. See Aumeeruddy-Cziffra and Others v. Mauritius (Communication No. R.9/35) 9 April 1981 decided in the African Commission on Human and People’s Rights.”

— Osaghae v Nigeria (2017) – ECW/CCJ/JUD/03/17

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CIVIL SUIT IS DECIDED ON THE BALANCE OF PROBABILITIES

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BURDEN OF PROOF IS ON PROSECUTION TO ESTABLISH MURDER

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FACT UNDISPUTED NEED NO FURTHER PROOF

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PROOF OF DELIVERY OF DOCUMENT

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THREE WAYS OF PROVING CRIMINAL OFFENCES

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ACTIO POPULARIS – HE WHO CHALLENGES MUST PROOF

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