EVIDENCE LAW — Burden of Proof — Proof Beyond Reasonable Doubt — Section 138(1) of Evidence Act
Ratio Decidendi
Per M. Mohammed, JSC, in Afolalu v. State (2010) NLC-123-193-2008(SC) at p. 4, para. E – p. 5, para. A:
"The law is quite clear on the requirement of proof beyond reasonable doubt to secure conviction for any criminal offence by virtue of Section 138(1) of the Evidence Act. Therefore if on the entire evidence adduced before a trial Court, that count is left with no doubt that the offence was committed by the accused person, that burden of proof beyond reasonable doubt is discharged and the conviction of the accused person will be upheld even if it is on credible evidence of a single witness as happened in the case at hand."
Explanation / Scope
This principle establishes that proof beyond reasonable doubt under Section 138(1) of the Evidence Act can be discharged by credible evidence of a single witness. The principle applies in criminal trials. It ensures that the quality, not quantity, of evidence is determinative. The principle reflects that a single credible witness can suffice. It prevents acquittals based on the number of witnesses. The court must assess the credibility of the evidence. The principle provides guidance on the sufficiency of evidence.