EVIDENCE LAW — Proof Beyond Reasonable Doubt — When Not Applicable in Civil Proceedings — Where Allegation Lacks Criminal Code Flavour
Ratio Decidendi
Per Tabai, JSC, in Imonikhe v. Unity Bank Plc (2011) NLC-123-68-2003(SC) at p. 22; Paras A—B:
"Although, the misconducts on the basis of which the Appellant was dismissed involved some questions of fraud and dishonesty, there arose no issue of proof beyond reasonable doubt. Nor had the Respondent any duty to embark on oral interrogation of the Appellant."
Explanation / Scope
This principle establishes that proof beyond reasonable doubt does not apply in civil proceedings where the allegation lacks criminal code flavour, even if it involves fraud and dishonesty. The principle applies in employment and civil cases. It ensures that the civil standard is applied. The principle reflects the distinction between civil and criminal standards. It prevents the criminal standard from being applied inappropriately. The court must apply the civil standard. The principle provides guidance on standard of proof.