A Rethink on the Standard of Proving Criminal Allegations in Election Petitions under Nigerian Law

Abstract

This article examines the burden and standard of proving criminal allegations in civil and criminal matters under the Evidence Act 2011 (hereinafter referred to as the Act). The article notes how the courts have extended the provisions of the Act to election petitions which are neither civil nor criminal proceedings. The article argues that the requirement of proving criminal allegation beyond reasonable doubt under the Act should be limited to civil and criminal trials and not election petition that is Sui generis. The insistence by courts that the standard is also applicable to election petition amounts to imputing words into the provision of Evidence Act that are not there.