This is the sense in which the expression is more generally used.” (Emphasis by me) This evidence in some cases, must be sufficient to prove the fact or issue, while in others, all that is required is for it to be enough to justify a finding on that fact or issue, in favour of the party on whom the burden lies. The other meaning of the expression ‘burden of proof’ is the obligation to adduce evidence on a particular fact or issue. This is the obligation which lies on a party to persuade the court either by preponderance of evidence, or beyond reasonable doubt that the material facts which constitute his whole case are true, and consequently to have the case established and judgment given in his favour. In the first sense, it means the burden or obligation to establish a case. “The term ‘Burden of proof’ is used in two different senses. The constitutional provision that an accused is presumed innocent until proven guilty does not sit on the fence of legal proof as it is not the accused duty to persuade the court neither is he under any obligation to adduce evidence on a particular fact or issue Fidelis Nwadialo, in his book had this to say While this may not be so distinct but it lays the foundation for which these other classification with no prejudice to the historic development. There are two types of burden of proof namely: (1) Legal burden of proof (2) Evidential burden which is the duty or obligation to give evidence and (3) Constitutional requirement for burden of proof. This article summarily shines a light on the topic. However, law not being stagnant keeps developing and new areas, unchartered waters keep springing up begging for attention in terms of proper interpretation of the new laws and its application within the context of proving the guilt or the innocence of the accused. The Nigerian courts and more laws (Evidence Act, Interpretation Act, Electoral Act inter alias) has given interpretation to it, making more and more demystify over the years.
This task is one that is herculean and almost impossible if no proper context is given to it, to define the boundaries of the concept. The bedrock of conviction under the English criminal jurisprudence and indeed Nigeria’s is the ability of the prosecution to prove beyond reasonable doubt the guilt of the accused.
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