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Standard Of Proof

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Standard of proof is the level of certainty and the degree of evidence necessary to establish proof in a criminal or civil proceedings. There are three basic forms of standard of proof; preponderance of the evidence, this is used for most civil actions, clear and convincing proof is a more demanding standard of proof, and it is used in certain civil actions, such as a civil fraud suit. Proof beyond a reasonable doubt is the most demanding standard of proof, it’s the one that must be met for a criminal conviction.
The law on the standard of proof in the prosecution is provided for by the provision of section 135(1) of the Evidence Act, 2011. This provision of the law states thus, “ 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.” Also the standard of proof in the defendant is provided for by section137 of the Evidence Act 2011. This standard, whether in civil or criminal, trial, is the proof on balance of probabilities. The provision of the law states thus, “where in any criminal proceeding the burden of proving the existence of any fact or matter has been placed upon a defendant by virtue of the provisions of any law, the burden shall be discharged on the balance of probabilities.”
It is a trite position of the law that to secure conviction, the prosecution must not only connect the Defendant to the offence but in doing so the standard of proof required is, proof beyond reasonable doubt. This simply means that the Respondent must prove all the ingredients of the offence for which the Defendant is charged with. The standard is beyond reasonable doubt. The law is, where there is any doubt in course of proving any ingredient of the offence, the doubt will be resolved in favour of the Defendant, as that would mean that the Respondent has not proved his case beyond reasonable doubt. See Jimoh  V.  State (2018) LPELR-44074 (CA).
The supreme court in Ikaria V.  State (2014) 1NWLR (pt1389) 639 per Ogunbiyi JSC held thus : “By the use of the phrase “proof beyond reasonable doubt”, it presupposes that all ingredients establishing the offence must be proved to such a degree that there would be no question or stone left unturned as to the certainty that it is the Accused/Appellant and none other that must have committed the act complained of. In other words, all fingers will irritably point towards the direction of the Accused. The culpability of the Appellant should not be in any shadow of doubt but a clear focus of attention for such proof to sustain, it must earn the credibility of witnesses’ testimonies,who must give a firsthand account of facts which are within their personal knowledge.  Any other source of information would be rated hearsay evidence and therefore not admissible.
In Olonade v. Swemimo, Mohammed JSC explained the meaning of standard of proof in civil cases, the balance of probabilities, “My Lords in civil matters such as this, the Court decides the case on the balance of probabilities or preponderance of evidence. The trial court does this by first deciding which evidence it accepts from each of the parties, putting the accepted evidence adduced by the plaintiff on one side of the imaginary scale and that of the Defendant on the other side of the scale and weighing them together. The court then decides which side evidence is heavier, not by the number of witnesses called by either party or on the basis of one being oral and the other being documentary but by the quality or probative value of the evidence, be it oral or documentary.”
However, the standard of proof on the Defendant seeking to prove the defence of alibi or insanity is not on the balance of probabilities but on evidential burden to establish the reasonable probable existence of the facts. Section137 of the Evidence Act represents the current position of the law on this matter.
By: Nkechi Bright-Ewere
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‘NFF Conducted Federation Cup Draw Fairly’

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The Nigeria Football Federation has defended the recent quarter-finals draw for the 2025 President Federation Cup, saying it was conducted in line with best global practices.
A member of the NFF Executive Committee Board, George Aluo, stated that criticism over venues for the quarterfinals was unfortunate.
Going by the fixtures released on Saturday by the football body, Abakaliki FC will take on Nasarawa United in Benin, Wikki Tourists will clash with Ikorodu City in Bwari, Abuja, Akwa United and Kwara United will fight it out in Enugu, just as Area 3, Abuja, will host the encounter between Rangers International and Plateau United. All matches are scheduled for May 3rd for the emergence of semifinalists in a leg affair.
However, there have been criticisms over the Ikorodu United vs Wikki Tourist tie billed for Abuja, with a section of the press saying the venue is skewed in favour of the Bauchi team.
Aluo, also the Chairman of the Nigeria National League (NNL), said: “Some of our media men need better education, and newsmen should not be like the fans out there on the streets. In the English FA Cup, it is always a one-legged pairing that can see a club like Arsenal host Manchester United at home”.

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Prioritise Rivers’ Interest, Fubara Tells RSHA

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Rivers State Governor, Sir Siminalayi Fubara, has said that the other party to the Supreme Court judgment; Rivers State House of Assembly, needed to know that they are also to comply with the ruling, and do so with commitment that prioritises the interest of the State.
The Governor maintained that such resolve must engender collective action towards achieving peace in the State because it serves as the potent medium through which all the arms of Government can function properly while creating public goods that benefit everyone.
Governor Fubara, who spoke at the inauguaration of the 85-year-old Okrika Grammar School in Okrika Local Government Area on Thursday, emphasised that without an enduring peace, sustainable development will be hampered practically, while the sense of security, respect, tolerance, stability, and well-being to pursue goals will suffer.
The Governor said: “Let me thank everyone, and also say this, it is important at this stage that we all embrace peace. The Supreme Court has made its judgment, we don’t have any option than to abide by it.
“And, by the special grace of God, we have started the process. We are appealing to other parties, consider the interest of Rivers State, it is important. The only thing that we owe this State is peace and development. I am open any day, any time for total peace in our State, because if I have to govern well, there is need for peace to prevail.”
Commenting on the project, Governor Fubara recalled how the planning committee of the 20th Anniversary of the Diocese of Okrika Anglican Communion visited, and appealed to him to give the school, dilapidated for a long time, a facelift.
Governor Fubara said he considered their request on the premise of the place the school filled in history and the importance of quality education in addressing some social vices among idle and uneducated youths.
The Governor stated: “I felt the least, as a government, we can do is to uplift the standard of this school. And, it is not out of place, because it is part of our agenda. The key things in this administration’s agenda are healthcare, education and food sufficiency (agriculture).
“So, we immediately keyed into it, and to the glory of God, we are here today to unveil one of the things that we have done, even in the face of these situations confronting our administration, which we didn’t bring upon ourselves. But we give God all the glory.”
Governor Fubara assured the Anglican Church that whatever that is remaining, within the scope of what has been approved in the institution, will be completed, stressing that education has remained the bedrock of development in any society.
He added that if the key ingredients (facilities) to boost education are properly managed, crime will be reduced drastically, saying: “So, I believe that when all the facilities put in place in this school are put into full use, the level of crime, the level of criminality would definitely reduce, not just in Okrika but other neighbouring communities that will benefit from this school.
“I want to assure you that we will continue to do our best because the interest of our State is the most important thing to us. This school is being managed by the church. I believe the church would protect every facility that we have put in this place. The church should see the facility as its own. As a matter of fact, the school belongs to the church, it is not government anymore. What government is doing today is to compliment their effort.”
The Rivers State Governor assured the leadership of the Anglican Church in the area that he will send experts to assess the shore protection concerns expressed by the Bishop, and see what can be done to safeguard the surrounding land of the school from being washed away.
Governor Fubara also challenged the Old Boys of the school to be bold and courageous to take up some strategic projects, especially those they had listed in their address, including establishing a centre for computer-based examinations for external examinations.
Providing the project description, Rivers State Commissioner for Education, Dr Ovy Orluideye Chukwuma, pointed to the massive remodelling and reconstruction work achieved, which has restored the cherished glory of Okrika Grammar School to confirm the commitment of Governor Fubara to quality education of children.
He said, “The construction and equipping of Okrika Grammar School, Okrika in Okrika Local Government Area of Rivers State was awarded in April, 2024 to various contractors, and was duly funded to completion by the Rivers State Government under the administration of Sir Siminalayi Fubara.
“The project consists of an Administrative Block, 24 Classroom Blocks, Laboratory, ICT Library Block, Assembly Hall, 100-bed Male Hostel, 100-bed Female Hostel, Kitchen and Dinning Hall, Matron’s Quarters and Sickbay, Principal’s Quarters, Senior Staff Quarters, Junior Staff Quarters, perimeter fencing, gate, generator house and power supply with extension of electricity, including solar-powered streetlights.
“There are also Vice Principal’s Quarters, sports facilities such as lawn tennis, basketball and school field. Revamping for facelift some of the old buildings such as the old dinning hall, repainting of various old structures and buildings within the premises.”
Dr Chukwuma also said: “There is road network and landscaping of about 1.8kilometers with 1.5kilometer drainage, interlocking connecting buildings, completed road pavements and parking lots, water supply to all the buildings within the compound.
“There is also furnishing and equipping of the entire 14 structures with standard students’ desks, hostel beds, quality and standard furniture, electronics such as 86 air conditioning, both inverter and 1.5 horsepower and 75 smart television sets, 60 computer sets and standard science laboratory.”
In her welcome address, Head of Local Government Administration, Okrika Local Government Area, Mrs Obianime Appollos, said the Okrika Grammar School in Okrika, established in 1940, had remained an iconic institution known for academic excellence, and thanked Governor Fubara for remodelling structures and restoring the status of the institution after years of neglect of all facilities, which demonstrates his commitment to providing quality education, investment in the future of Rivers children and improving the well-being of the people.
Speaking for the Old Boys Association, Mr Golden Iruayenama, said the years of neglect and dilapidation of structures at Okrika Grammar School were worrisome with promises to fix them never materialized until Governor Fubara changed the narrative.
Also speaking, Bishop of Diocese of Okrika Anglican Communion, Rt. Rev. Enoch Atuboyedia, said it will be remembered that it was when the school attained 85 years of existence that Governor Fubara, magnanimously remodelled and resuscitated Okrika Grammar School to help the shaping of the future of Rivers children, educationally.

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Abductors Of Katsina Qur’anic Recitation Winner Demand N30m Ransom

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Gunmen, who recently abducted the winner of the National Qur’anic Recitation Competition, Abdulsalam Rabi’u are demanding the sum of N30million ransom as condition for his release.
The Tide’s source recalled that the criminal elements had on Tuesday kidnapped Rabi’u along with his father and brothers near Labin Bangori in Katsina State.
Rabi’u, an indigene of Katsina State and a medical student at Ahmadu Bello University, ABU, Zaria emerged winner of the competition, Hizb 60 with Tajweed, earlier held in Kebbi State.
He was kidnapped after Governor Dikko Umar Radda invited him and his father to the Government House for a special recognition ceremony.
The gunmen reportedly picked Rabi’u alongside his father and other members of his family while returning home after the ceremony.

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