HOW MUCH PROOF IS NEEDED TO WIN MY CASE?
Evidence is important, but how much proof is needed to win a case? This is where the standard of proof comes in. The Latin Maxim "Onus Probandi Actori Incumbit" means that the one who asserts must prove.
The level of certainty or persuasion required by the courts for the burden of proof on the party must be discharged before the court can make an holding for the case is what is known as the standard of proof.
Standard of proof in the Law of Evidence describes the amount of evidence that is necessary to prove an assertion or claim before the court of a particular fact.
In Nigerian law, there are two main standards of proof:
1. Proof Beyond a Reasonable Doubt (Criminal Cases)
In criminal matters, the standard of proof is beyond a reasonable doubt. This means that the evidence presented must convince the judge that the defendant is guilty, with no reasonable doubt left in their minds.
If there is even a slight doubt that the defendant may not have committed the crime, they must be acquitted.
This high standard is set because of the serious consequences of criminal punishment, such as imprisonment or the death penalty.
For example, in a murder case, the prosecution must provide overwhelming evidence—such as DNA, witness testimony, or a confession—that leaves no doubt about the defendant’s guilt. This standard is set by Section 135(1) of the Evidence Act 2011.
2. Balance of Probabilities (Civil Cases)
In civil matters, it is based on the balance of probabilities, that is, on a preponderance of evidence which means that the court must be convinced that one party's version of events is more likely to be true than the other’s.
The plaintiff must provide enough evidence to tip the scale in their favor, even if there is still some doubt.
For instance, in a breach of contract case, the plaintiff needs to show that it is more likely than not that the defendant failed to fulfill their contractual obligations. This standard is found in Section 134 of the Evidence Act 2011.
The Nigerian Evidence Act provides a comprehensive framework for determining what evidence is admissible and how much proof is needed to win a case.
In criminal cases, the prosecution must prove the defendant’s guilt beyond a reasonable doubt, while civil cases are decided based on the balance of probabilities.
Knowing these principles can help you navigate the legal system with greater confidence and understanding.
References:
1. Section 135(1) (Proof Beyond a Reasonable Doubt)
2. Section 134 (Balance of Probabilities)
Understanding the law doesn’t have to be complicated, and with this guide, we hope you now have a better grasp of how evidence works in Nigerian courts.
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