EVIDENCE LAW — Burden of Proof — Exception or Exemption — Accused Raising Defence of Authorisation
Ratio Decidendi
Per Mukhtar, JSC, in NAF v. Kamaldeen (2007) NLC-123-75-2001(SC) at p. 24; Paras C–E:
"Where a person is accused of any offence the burden of proving the existence of circumstances bringing the case within any exception or exemption from, or qualification to, the operation of the law creating the offence with which he is charged is upon such person."
Explanation / Scope
This is a codification of the general rule that while the prosecution bears the burden of proving the ingredients of the offence beyond reasonable doubt, the accused bears the burden of proving (on a balance of probabilities) any special defence, exception, exemption, or qualification that removes him from criminal liability. This includes defences such as authorisation, licence, lawful authority, provocation, insanity, self-defence, or any other statutory exception. The accused must adduce sufficient evidence to raise the defence before the court can consider it.