City Crime

Standard Of Proof

Published

4 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

NEMA warns against scooping of fuel from accidented tankers

Published

5 days ago

June 12, 2025

The Tide

The National Emergency Management Agency (NEMA) has warned against the practice of scooping fuel from accidented tankers, noting it has led to the loss of many lives and property.

The agency’s Head of Operations in Ibadan, Mr Kadiri Olanrewaju, cautioned during a sensitisation programme on tanker fire accidents, held on Wednesday at Akinyele Local Government Area (LGA) of Ibadan.

The News Agency of Nigeria (NAN) reports that the programme was held in collaboration with the Oyo State Emergency Management Agency (OYSEMA) in Akinyele LGA and other stakeholders.

Olanrewaju said Akinyele LGA was selected for the awareness campaign because of its strategic location as a trailer route from the northern to the southern part of the country.

“These agencies felt that it was necessary to bring this important message to critical stakeholders in communities under the Akinyele LGA, where we have major trailer parks.

“The campaign kick-started in Ogun; we will soon move to Osun.

“The focus is to drive strong sensitisation against the scooping of fuel at the grassroots level, especially for local governments along the trailer routes to reduce needless loss of lives and property,” he said.

He charged the Federal Road Safety Corps (FRSC) and other relevant agencies to enforce the laws against underage driving and ensure the proper certification and retraining of drivers.

The Administrative Secretary of OYSEMA, Mrs Ojuolape Busari, said that Community Development Associations (CDAs) were involved in the campaign to reach a larger number of people.

Busari noted that people still scoop fuel from accidented tankers because there had not been any serious punishment attached to the offence.

She, therefore, called for stiff penalties for anyone caught perpetrating the act.

“Apart from the risk of fire outbreak that may occur during the practice, it is stealing, which is a serious offence,” she said.

Earlier, the Executive Chairman of Akinyele LGA, Hon. Akinwole Akinyele, suggested that fuel transportation should be handled through the rail system, while leaving tankers for intra-city fuel transportation.

The chairman called for an urgent review of laws and policies related to fire services and road safety to meet the urgent and modern demands.

He said that the implementation of stricter fuel transportation regulations, vehicle maintenance, drivers’ training and retraining, and safer fuel handling practices remained crucial to the fuel distribution system in Nigeria.

“The attendant costs of tanker fire accidents have been huge, both in terms of the high number of fatalities and the loss or destruction of property, environmental damage, and public infrastructure,” he said.

NAN reports that the event featured technical sessions, lectures, and presentations from the FRSC, Nigeria Security and Civil Defence Corps (NSCDC), Fire Service, traditional and market leaders, among others.

City Crime

Democracy Day: Tinubu Addresses Joint N’Assembly Today

Published

5 days ago

June 12, 2025

The Tide

…To Confer National Honours On Select Lawmakers

President Bola Ahmed Tinubu will deliver a presidential address before a joint session of the National Assembly today as part of events marking Nigeria’s Democracy Day celebration.

The event is scheduled to be held in the House of Representatives chamber of the National Assembly Complex, Abuja.

This was confirmed in a statement released on Sunday by the spokesperson of the House of Representatives, Hon. Akin Rotimi.

The statement referenced an internal memorandum issued by the Clerk of the House, Yahaya Danzaria, officially notifying lawmakers of the proceedings.

According to the memorandum, the special joint sitting will begin at 11:00 a.m. with preliminary activities before the arrival of President Tinubu, who is expected at noon.

Democracy Day is observed annually on June 12 in remembrance of the 1993 presidential election, widely regarded as Nigeria’s most credible poll since independence.

The election was won by Chief Moshood Kashimawo Abiola but was annulled by the military government led by General Ibrahim Babangida (retd).

The theme for the 2025 celebration is “26 Years of Democracy: Renewing Our Commitment to National Development.”

President Tinubu is attending the event as the Special Guest of Honour and is expected to use the platform to reflect on the state of Nigeria’s democracy and present his administration’s vision for the future.

The session will also feature goodwill messages from former presiding officers of the National Assembly.

Meanwhile, the President will confer national honours on select legislators in what organisers describe as part of efforts to recognise contributions to democratic governance.

The National Assembly views the event as an important marker of Nigeria’s political evolution.“This joint sitting represents a significant moment in Nigeria’s democratic journey,” the statement read.

“It underscores the pivotal role of the National Assembly in safeguarding democratic values, fostering accountability, and advancing national development over the past 26 years of uninterrupted civil rule.”

Lawmakers also used the occasion to urge Nigerians to reflect on the country’s democratic progress and to renew their commitment to national unity and inclusive governance.

“The House of Representatives calls on all Nigerians to embrace the spirit of Democracy Day as a time for reflection, renewed patriotism, and commitment to building a more inclusive, prosperous, and united nation,” the statement said.

Meanwhile, the Federal Government has declared today as a public holiday, to commemorate this year’s Democracy Day celebration held every June 12.

June 12 was officially designated as Nigeria’s Democracy Day in 2018, to honour the annulled 1993 presidential election, widely considered the freest and fairest in the nation’s history and won by Chief MKO Abiola.

In a statement announcing the holiday, the Minister of Interior, Dr Olubunmi Tunji-Ojo, on behalf of the Federal Government, congratulated citizens on the occasion of 26 years of uninterrupted democratic rule in the country.

“June 12 represents our historic journey to building a nation where truth and justice reign, and peace is sustained and our future assured,” Tunji-Ojo stated.

City Crime

Rivers Women Celebrate Fubara’s Second Year Anniversary With Thanksgiving

Published

2 weeks ago

June 2, 2025

The Tide

Rivers women, under the aegis of Rivers Women Unite for SIM, have celebrated the second year anniversary of the suspended Governor of Rivers State, Sir Siminalayi Fubara, with praise and thanksgiving.
The women, who gathered at the Ecumenical Centre, Port Harcourt, last Thursday, said that no matter the prevailing circumstances in the State, Fubara has shown great capacity in leadership and deserves to be celebrated.
They emphasised that their gathering was to thank God for what He has done through Fubara and the expected restoration and peace within the State.
They commended Rivers people and all Nigerians who have been standing by the Governor and Rivers people all through these trying times, saying it is now time for peace, reconciliation and restoration.
Speaking on behalf of the women, Dr. Queen Idanyingi Karibi Botoye, said the women have been consistently praying for the State and its leaders.
She urged the leaders of the State to put their differences behind and think about the people first and come together to advance the interest of the State.
The women assured that their prayers will continue until God restores the glory of the State and ensures greater harmony amongst its leaders and people.