LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Effect of Misplacing Burden of Proof
PRINCIPLE STATEMENT
To place the burden of proof wrongly on a party will usually lead to a miscarriage of justice.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Ewo & Ors v. Ani & Ors (2004) NLC-621997(SC) at p. 17; Paras B–C.
"To place the burden of proof wrongly on a party will usually lead to a miscarriage of justice."
EXPLANATION / SCOPE
Misplacing the burden of proof can cause a miscarriage of justice. The principle applies to all trials. The court must correctly identify which party bears the burden. The rule ensures fair adjudication. The appellate court will correct errors. The principle is fundamental.