LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Party Asserting Must Prove Identity of Convicted Person
PRINCIPLE STATEMENT
It is not enough to prove that a person by a certain name has been convicted. For this to be relevant, that person must specifically be shown to be the party to the suit. This is the missing link when a conviction is relied upon against a defendant.
RATIO DECIDENDI (SOURCE)
Per Uwais, CJN, in Ibori v. Agbi & Ors (2004) NLC-972003(SC) at pp. 48–49; Paras D–E.
"It is therefore not enough to prove that a person by certain name has been convicted. For this to be relevant to the plaintiff's case, that person must specifically be shown to be the party to the suit before the plaintiffs' case can be proved against the 5th defendant/appellant. This is the missing link in the case before the learned trial Judge, it is a fine legal point hence the necessity for the Court of Appeal to remit the case, which had been inconclusive, to the High Court for the identity of the person convicted to be proved."
EXPLANATION / SCOPE
Proof of a conviction alone is insufficient; identity must be established. The principle applies to evidence law. The party relying on a conviction must link it to the specific party. The rule protects against mistaken identity. Failure to prove identity is fatal. The principle is well-established.
