LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Evidential Burden Shifts Upon Adduction of Credible Evidence
PRINCIPLE STATEMENT
In the case under consideration, the respondents having adduced oral evidence accepted by the learned trial Judge to the effect that they, through P.W.2 supplied the appellant 52,032.9 metres of cable, the evidential burden shifted to the appellant to rebut that evidence and show that no cable or a lesser quantity of cable was supplied.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Ezemba v. Ibeneme & Anor (2004) NLC-1422000(SC) at p. 11; Paras A–B.
"In the case under consideration, the respondents having adduced oral evidence accepted by the learned trial Judge to the effect that they, through P.W.2 supplied the appellant 52,032.9 metres of cable, the evidential burden shifted to the appellant to rebut that evidence and show that no cable or a lesser quantity of cable was supplied."
EXPLANATION / SCOPE
Once credible evidence is adduced by the party bearing the legal burden, the evidential burden shifts to the opponent. The opponent must then produce evidence to rebut or counter the proof. The principle applies to civil proceedings. The rule ensures both parties participate in adducing evidence. The court will not permit the opponent to remain passive after credible evidence is presented. The shifting burden promotes fairness in evidence presentation.
