EVIDENCE LAW — Burden and Standard of Proof — Standard of Proof in Civil Cases with Criminal Elements — When Section 138(1) of the Evidence Act Applies
Ratio Decidendi
Per Adekeye, JSC, in ASESA v. Ekwenem (2009) NLC-123-174-2002(SC) at pp. 8–9; Paras E–A:
"If the commission of a crime by a party to any proceeding is directly in issue in any proceeding, civil or criminal, it must be proved beyond reasonable doubt. The emphasis in the section, going by the opening phrase, is the standard of proof in a civil case with element of criminal wrong doing... The courts had in the interpretation of section 138(1) made it applicable to where there is specific allegation of a crime so that its commission can properly be said to be a basis or foundation of the claim or defence as the case may be."
Explanation / Scope
This principle establishes that where the commission of a crime is directly in issue in any proceeding, it must be proved beyond reasonable doubt. Section 138(1) of the Evidence Act applies where the criminal allegation is the basis or foundation of the claim or defence. The principle applies in civil proceedings where criminal allegations are made. It ensures that serious allegations are proved to a high standard. The principle reflects the need for certainty when criminal conduct is directly in issue. The court must determine if the allegation is foundational. The principle prevents lower standards for serious allegations. It ensures fairness in civil cases with criminal elements.