CRIMINAL LAW — Burden of Proof — Standard of Proof — Reasonable Doubt
Principle Statement
The commission of a crime by a party must be proved beyond reasonable doubt. The burden of proving that any person is guilty of a crime rests on the person who asserts it and this is the law as laid down in section 137 of the Evidence Ordinance, Cap 62. The burden of proof lies on the prosecution and it never shifts; and if on the whole evidence the court is left in a state of doubt, the prosecution would have failed to discharge the onus of proof of which the law lays upon it and the prisoner is entitled to an acquittal.
Ratio Decidendi (Source)
Per Ademola, CJF (as adopted by Oguntade, JSC), in Along v. I.G.P. (1959) 4 FSC 203 at 204, cited in Udosen v. State (2007) NLC-123-199-2005(SC) at p. 14; Paras A–C.
"The commission of a crime by a party must be proved beyond reasonable doubt. The burden of proving that any person is guilty of a crime rests on the person who asserts it and this is the law as laid down in section 137 of the Evidence Ordinance, Cap 62. The burden of proof lies on the prosecution and it never shifts; and if on the whole evidence the court is left in a state of doubt, the prosecution would have failed to discharge the onus of proof of which the law lays upon it and the prisoner is entitled to an acquittal."
Explanation / Scope
This principle establishes the fundamental criminal law standard of proof beyond reasonable doubt. The prosecution bears the burden of proving the accused’s guilt, and this burden never shifts to the accused. If the court is left in any state of doubt on the whole evidence, the prosecution has failed to discharge its burden, and the accused is entitled to acquittal. The principle applies in all criminal trials. It protects the accused from wrongful conviction. The standard does not require proof to absolute certainty but proof that leaves no reasonable doubt. The principle is statutory under the Evidence Act and constitutional under the presumption of innocence. The court must evaluate the evidence holistically.
