- 20 after spending a night on the floor; there is nothing concerning the security
officer whose name is Paul (see page 6 of the Application); no proof that the
alleged attempts to obtain the names and grades of the other officers actually
took place (see page 6 of the Application); there is nothing to serve as proof
for the said report of January 27, 2015 supposedly addressed to the security
services department (see page 7 of the Application); there is no proof of the
complaint he claims to have lodged the same day (see page 7 of the
Application); finally, there is no evidence of the letters of February 11, 2015
and March 10, 2015 which his lawyer is alleged to have addressed to the
headquarters of the State Security agencies (see page 8 of the Application).
In PETROSTAR (NIGERIA) LIMITED V. BLACKBERRY NIGERIA
LIMITED & 1 OR CCJELR (2011), the court in its consideration reiterated the
cardinal principle of law that “he who alleges must prove”. Therefore, where a party
asserts a fact, he must produce evidence to substantiate the claim.
In RANGAMMAL V. KUPPUSWAMI AND ORS, CIVIL APPEAL NO. 562 OF
2003, the court held that the burden of proof lies on the person who asserts the fact and
not on the person who denies the fact to be true. The responsibility of the defendant to
prove a fact to be true would start only when the authenticity of the fact is proved by the
plaintiff.
7.14. The plaintiff having failed to persuade the court with credible evidence as to the
alleged inhuman and degrading treatment meted out on him by agents of the defendant ,
his contentions on this ground lack proof and thus fails.
7. 14. The last issue to be considered is whether or not the Defendant is in violation of
the Plaintiff’s right to property.
The plaintiff contends that the defendant is in violation of his right to property when
they seized his handset, shoes, belt, and wrist watch.
7.15. Article 14 of the African Charter on Human and Peoples’ Rights provides:
“The right to property shall be guaranteed. It may only be encroached upon in the
interest of public need or in the general interest of the community and in accordance
with the provisions of the appropriate laws”.