LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Distinction Between Legal Burden and Evidential Burden
PRINCIPLE STATEMENT
In civil cases, the phrase 'burden of proof' has two distinct meanings. Firstly, the burden of proof as a matter of law and the pleadings, referred to as the legal burden or the burden of establishing a case. Secondly, the burden of proof in the sense of adducing evidence, referred to as the evidential burden. The legal burden is always stable or static, while the evidential burden may shift constantly as one scale of evidence or the other preponderates.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Ezemba v. Ibeneme & Anor (2004) NLC-1422000(SC) at p. 10; Paras B–D.
"In civil cases, the phrase 'burden of proof' has two distinct and frequently confused meanings. Firstly, it may mean the burden of proof as a matter of law and the pleadings usually referred to as the legal burden or the burden of establishing a case; secondly, the burden of proof in the sense of adducing evidence often referred to as the evidential burden. While the burden of proof in the first sense is always stable or static, the burden of proof in the second sense may shift constantly as one scale of evidence or the other preponderates."
EXPLANATION / SCOPE
Legal burden (establishing the case) is static and remains on the party who asserts the claim. Evidential burden (adducing evidence) shifts between parties as evidence preponderates. The principle applies to all civil proceedings. The rule clarifies this often-confused distinction. The court must correctly identify which burden applies. Understanding this distinction prevents erroneous shifting of the legal burden.
