BURDEN AND STANDARD OF PROOF IN CIVIL CASES IN NIGERIA

• The burden of proof is the responsibility imposed upon a party to prove or disprove the existence of particular facts,

• Generally, the burden of proof is a suit or proceeding lies on that person who would fall if no evidence at all were given on either side.- ONOBRUCHERE & ANOR V. ESEGINE & ORS; S.133(1) EA produced on either side, regard being had to any presumption that  may arise on the pleadings.

​ “In the arena of proof in a civil case, the onus of proof does not remain static but shifts from side to side ….”- NIGERIAN MARITIME SERVICES LTD V. ALHAJI BELLO AFOLABI 

 

Burden of proof may be general burden or evidential burden.

 

STANDARD OF PROOF

​On the standard of proof, in civil proceedings, the burden of proof shall be discharged on the BALANCE OF THE PROBABILITIES OR PREPONDERANCE OF EVIDENCE SECTION 134 EA. Mogaji v Odofin.

​This means that he has to persuade the court that his version of the facts is more probable than that of his opponent MILLER V. MINISTER OF PENSIONS. 

​His case must be such that, the court, after weighing the evidence of both parties, must find a preponderance of evidence in his favour. It must outweigh the evidence of the opponent. 

 

EXCEPTIONS 

There may be circumstances where a higher of proof would be required in civil cases. 

i. Where there is an allegation of crime in a civil action, such crime must be proved beyond reasonable doubt S. 135 EA, Nwobodo v Onoh.

ii. Where there is a claim for special damages, such damage must be strictly proved. 

iii. In respect of matrimonial causes, matters are to be established to the satisfaction of the court  S. 82 Matrimonial Causes Act 1970