ELECTION LAW — Burden of Proof — Declaratory Reliefs — Proof Required Even Where Defendant Calls No Evidence
Ratio Decidendi
Per Mahmud Mohammed, JSC, in CPC v. INEC & Ors (2011) NLC-123-426-2011(SC) at pp. 41—42; Paras E—A:
"The law however is trite as rightly found by the Court of Appeal in its judgment that a plaintiff like the Appellant in this case claiming declaratory reliefs, must rely on the strength of his own case and not on the weakness of the defence. This principle of law applies not only where the Defendant calls no evidence which is the main complaint of the Appellant in the present case but even where there is admission of the Plaintiff's case by the Defendant."
Explanation / Scope
This principle establishes that a plaintiff claiming declaratory reliefs must rely on the strength of their own case, not the weakness of the defence, even where the defendant calls no evidence or admits the claim. The principle applies in declaratory actions. It ensures that the plaintiff proves their case. The principle reflects the strict requirements for declaratory relief. It prevents reliance on the defendant’s default. The court must require proof. The principle provides guidance on declaratory reliefs.