ELECTION LAW — Burden of Proof — Declaratory Reliefs — Onus on Plaintiff to Establish Claim on Strength of Own Case
Ratio Decidendi
Per Adekeye, JSC, in CPC v. INEC & Ors (2011) NLC-123-426-2011(SC) at p. 17; Paras A—B:
"It is trite that in a claim for declaration, the onus is on the plaintiff to establish his claim upon the strength of his own case and not upon the weakness of the case of the defendant. The plaintiff must therefore satisfy the court that upon the pleadings and cogent and credible evidence adduced by him that he is entitled to the declaration of right in his favour."
Explanation / Scope
This principle establishes that in a claim for declaration, the plaintiff must establish their claim on the strength of their own case, not the weakness of the defendant’s case, with cogent and credible evidence. The principle applies in declaratory actions. It ensures that the plaintiff proves their case. The principle reflects the burden of proof. It prevents reliance on the defendant’s weakness. The court must require strong evidence. The principle provides guidance on declaratory reliefs.