BURDEN OF PROOF AND THE NATURE OF LOCUS STANDI
Burden of proof, or onus probandi, refers to the obligation on a party to establish the facts necessary to support their case. In Nigeria, it is primarily governed by the Evidence Act, 2011. The doctrine has two aspects: Legal burden: The obligation to prove the case as a whole; and Evidential burden: The obligation to adduce sufficient evidence on a particular fact to make it an issue. Burden of proof, as per the Evidence Act, says he who asserts must prove, and in everyday life this means that if you make an allegation, online, in interviews, or even on social media, the burden is on you to provide evidence, not on others to disprove it, this is why responsible speech matter. With respect to the principle of burden of proof and the nature of locus standi, I shall go on an adventure of the recent case of Ukegbu v. N.B.C. (2025) 2 NWLR (PT. 1976) 283, where the Honourable Justices of the Supreme Court made fundamental pronouncements. But before that, let’s have a look ...