LEGAL PRINCIPLE: CRIMINAL LAW -Forfeiture -Proof in Forfeiture Proceedings
PRINCIPLE STATEMENT
The onus of proving that property subject to a restitution or forfeiture order is from the proceeds of theft is on the prosecution, but this onus is discharged on the balance of probabilities, not beyond reasonable doubt.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, inĀ Ogunlana & Ors v. StateĀ (1995) NLC-301992(SC) at p. 27; Paras DāE to p. 28; Paras AāB.
"The onus of proving that the property in respect of which a restitution or forfeiture order is to be made is from the proceeds of an alleged theft is on the prosecution. But this onus, as in civil cases, is discharged on the preponderance or balance of probabilities and not beyond reasonable doubt as prescribed in criminal cases."
EXPLANATION / SCOPE
Forfeiture proceedings are civil in nature despite being attached to criminal trials. The standard of proof is the balance of probabilities. The principle applies to restitution and forfeiture orders. The prosecution must show that the property is linked to the crime. The burden is on the prosecution. The rule reflects the civil nature of forfeiture. The accused may rebut the prosecution’s case. The court will consider all evidence. The principle ensures that property is not forfeited without proper proof. The standard is lower than for criminal conviction.