City Crime

Standard Of Proof

Published

3 years ago

March 17, 2021

Standard of proof is the level of certainty and the degree of evidence necessary to establish proof in a criminal or civil proceedings. There are three basic forms of standard of proof; preponderance of the evidence, this is used for most civil actions, clear and convincing proof is a more demanding standard of proof, and it is used in certain civil actions, such as a civil fraud suit. Proof beyond a reasonable doubt is the most demanding standard of proof, it’s the one that must be met for a criminal conviction.

The law on the standard of proof in the prosecution is provided for by the provision of section 135(1) of the Evidence Act, 2011. This provision of the law states thus, “ If the commission of a crime by a party to any proceeding is directly in issue in any proceeding, civil or criminal, it must be proved beyond reasonable doubt.” Also the standard of proof in the defendant is provided for by section137 of the Evidence Act 2011. This standard, whether in civil or criminal, trial, is the proof on balance of probabilities. The provision of the law states thus, “where in any criminal proceeding the burden of proving the existence of any fact or matter has been placed upon a defendant by virtue of the provisions of any law, the burden shall be discharged on the balance of probabilities.”

It is a trite position of the law that to secure conviction, the prosecution must not only connect the Defendant to the offence but in doing so the standard of proof required is, proof beyond reasonable doubt. This simply means that the Respondent must prove all the ingredients of the offence for which the Defendant is charged with. The standard is beyond reasonable doubt. The law is, where there is any doubt in course of proving any ingredient of the offence, the doubt will be resolved in favour of the Defendant, as that would mean that the Respondent has not proved his case beyond reasonable doubt. See Jimoh V. State (2018) LPELR-44074 (CA).

The supreme court in Ikaria V. State (2014) 1NWLR (pt1389) 639 per Ogunbiyi JSC held thus : “By the use of the phrase “proof beyond reasonable doubt”, it presupposes that all ingredients establishing the offence must be proved to such a degree that there would be no question or stone left unturned as to the certainty that it is the Accused/Appellant and none other that must have committed the act complained of. In other words, all fingers will irritably point towards the direction of the Accused. The culpability of the Appellant should not be in any shadow of doubt but a clear focus of attention for such proof to sustain, it must earn the credibility of witnesses’ testimonies,who must give a firsthand account of facts which are within their personal knowledge. Any other source of information would be rated hearsay evidence and therefore not admissible.

In Olonade v. Swemimo, Mohammed JSC explained the meaning of standard of proof in civil cases, the balance of probabilities, “My Lords in civil matters such as this, the Court decides the case on the balance of probabilities or preponderance of evidence. The trial court does this by first deciding which evidence it accepts from each of the parties, putting the accepted evidence adduced by the plaintiff on one side of the imaginary scale and that of the Defendant on the other side of the scale and weighing them together. The court then decides which side evidence is heavier, not by the number of witnesses called by either party or on the basis of one being oral and the other being documentary but by the quality or probative value of the evidence, be it oral or documentary.”

However, the standard of proof on the Defendant seeking to prove the defence of alibi or insanity is not on the balance of probabilities but on evidential burden to establish the reasonable probable existence of the facts. Section137 of the Evidence Act represents the current position of the law on this matter.

By: Nkechi Bright-Ewere

City Crime

Delta Attorney-General Laments Hike In Human Trafficking

Published

2 months ago

March 6, 2024

The Tide

Delta State Attorney-General and Commissioner for Justice, Ekemejero Ohwovoriole (SAN) has lamented the increasing rate of human trafficking, especially the girl child in the state.
Ohwovoriole decried the increase in his office in Asaba when the zonal commander of the National Agency for the Prohibition of Trafficking in Persons (NAPTIP), Mr Nduka Nwawenne paid him a courtesy visit.
The Attorney-General stated that it was against the dignity of the state and disheartening to see that Delta State now ranked first in human trafficking, overtaking Edo State.
He stressed the need for stakeholders to tackle the menace, adding that if it was one single victim that was rescued, they would be rewarded for their efforts.
Ohwovoriole stated that young girls were the most vulnerable ones in the issue of human trafficking, stressing that children from poor family backgrounds also fall victim to human trafficking.
While saying that their request for an office space in the state would be looked into, to see how the government could be of assistance to them, he assured them of his ministry’s partnership in the fight against human trafficking.
He said that the Task Force on human trafficking and irregular migration, which he chairs, should be having regular meetings.
Earlier, the Zonal Commander of Naptip, Mr. Nwawenne informed the commissioner that Delta state had overtaken Edo state as the foremost state in human trafficking in nigeria.
He told the Attorney-General that their Zonal Command was the first to be established in Nigeria because of the prevailing issues of human trafficking in the area, noting that ika south was the highest in cases of human trafficking as a result of its proximity with edo state.
Nwawenne appealed to the Commissioner and the State Government to provide office accommodation for their officials to operate in Asaba.

City Crime

Army Arrests 50 Foreigners, Others For Job Racketeering

Published

5 months ago

December 1, 2023

The Tide

The Nigerian Army said it has arrested 50 suspects, including foreigners, for alleged international job racketeering in Lagos.
The Director, Army Public Relations, Brig. Gen. Onyema Nwachukwu, who addressed journalists in Abuja, on Wednesday, said the suspects were arrested during an operation jointly conducted by the Army and the Nigeria Immigration Service.
He also disclosed that no fewer than 13 criminals were killed and 88 arrested during various operations across 20 states of the federation.
Among those arrested include 50 suspects comprising foreigners who were nabbed for alleged International job racketeering.
Onyema said, “In the South-West region, on November 2, 2023, troops of 9 Brigade Nigerian Army in conjunction with personnel of Nigerian Immigration Service, Lagos State Command, conducted a raid operation on a suspected criminal hideout at Ifako Ijaye.
“During the operation, 50 suspects, including foreigners who specialise in international job racketeering, were arrested. In a similar development same day, the same troops arrested two suspects at a hotel in Ogba in the Ikeja LGA.
“The arrest was in connection with the murder of one Mallam Idris Ardo, the Ardo of Panya Village in Plateau State. Preliminary investigation revealed that one of the arrested suspects masterminded the killing of Ardo and fled the community since the incident occurred.”

City Crime

Elder Statesman Charges FG On Judges, Magistrates’ Security

Published

5 months ago

November 15, 2023

The Tide

An elders statesman and advocate of oil rights in the Niger Delta, Rev Sokari Soberekon, has called on the Federal Government to beef up security for High Court Judges and Magistrates in the country. The iconoclastic doctor of humanities made this plea while addressing newsmen during the just concluded 2023/2024 rededication of the legal year of the Rivers State Judiciary held at the St. Cyprian’s Anglican Church in Port Harcourt last Thursday.
Soberekon stressed the essence of maximised security for Judges and Magistrates in Nigeria to ensure prompt and fearless dispensation of justice, equity and fairplay. He, maintained that apart from armed Police orderlies, the Judges and Magistrates should be legally authorised to keep personal arms for self defence when necessary, adding that this innovative policy would enhance the desired environment for an independent judiciary.
According to the octogenarian minority rights activist, the judiciary is the sanctuary of justice and equity.
He recalled the circumstances surrounding the gruesome murder of the former Federal Attorney General and Minister of Justice, Late. Chief Bola Ige.
Soberekon noted that, in spite of the retinue of official security aides attached to the late former Governor of Oyo State, Ige would not have been murdered if he was personally armed on that fateful day of his demise.
Soberekon emphasised the need to shun eye service in the nation’s polity.
He, however, maintained that the only Oga in politics is God Almighty, who he said uses people to install others in office.
Soberekon recalled the meeting he had with King Alfred Diete-Spiff in Lagos from where the pioneer Governor of the State started planning the blueprint of the old Rivers State.
He said what Rivers State needs now is peace, and applauded the placard with the description, ‘Peace’, displayed during the rededication ceremony.
He noted with delight that while delivering a sermon at the occasion, the Vicar of the church advised Nigerians to give peace a chance and also to build a nation where peace and justice reign.