LEGAL PRINCIPLE: EVIDENCE LAW — Standard of Proof — Civil Cases Involving Allegations of Crime
PRINCIPLE STATEMENT
Where the commission of a crime by a party is directly in issue in any cause or matter, civil or criminal, it must be proved beyond reasonable doubt under section 138(1) of the Evidence Act, not on the balance of probabilities.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Kossen (Nig.) Limited v. Savannah Bank of Nig. Limited (1995) NLC-2091989(SC) at p. 22; Paras. A–C.
"Although the case is entirely civil, and in civil matters the preponderance of probability may constitute sufficient ground for a verdict, this general rule is subject to the statutory provision in section 138(1) of the Evidence Act. Accordingly where the commission of a crime by a party to any proceeding is directly in issue in any cause or matter, civil or criminal, it must be proved beyond reasonable doubt."
EXPLANATION / SCOPE
Section 138(1) of the Evidence Act requires proof beyond reasonable doubt when a crime is directly in issue, even in civil proceedings. The standard is higher than the usual balance of probabilities. The principle applies to all civil cases where criminal conduct is directly in issue. The rule protects parties from findings of criminal conduct without proper proof. The court will apply the criminal standard.
