ON THE PERSON ON WHOM LIES THE ONUS OF PROOF
This court has in the case of ADAMU KYARMI VS. JIBO MUNGADI Appeal No.: CA/K/222/S/2000 observed per I. T. Muhammad, JCA (as he then was) delivering the lead judgment thus:
It is trite in Islamic Law that he who asserts must prove. See Al-Mayyara vol. 1 pages 19 and 20, Abdullahi v. Batagarawa (1997) 5 NWLR (Pt 506) 650. Again, it is not the case always, in Islamic Law, that the complainant must be the plaintiff. Circumstances may dictate a change where a defendant becomes the plaintiff and vice-versa.
This is what exactly happened in this case. It was therefore the duty of the plaintiff to prove his claim as rightly pointed out by the UAC Judge.”
(Page 626, Paras. C – F).
“It is pertinent that the burden of proof is on the party who asserts.”
(Page, 628 Para. E).
“The burden of proof under Islamic Law is on the person who asserts. Thus, under Islamic Law judgement will be given in favour of a plaintiff who succeeds in producing two male unimpeachable witnesses who gave evidence directly on the issue in dispute.”
MUHAMMAD L. SHUAIBU, JCA
AUTHORITY
RUWA VS. MAI MANJA (2018) 6 SQLR (PART IV) PAGE 617 @ 620.
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