"Although there is a single civil standard of proof on the balance of probabilities, it
is flexible in its application. In particular, the more serious the allegation or the
more serious the consequences if the allegation is proved, the stronger must be the
evidence before a court will find the allegation proved on the balance of
probabilities. Thus the flexibility of the standard lies not in any adjustment to the
degree of probability required for an allegation to be proved (such that a more
serious allegation has to be proved to a higher degree of probability), but in the
strength or quality of the evidence that will in practice be required for an allegation
to be proved on the balance of probabilities."
In the case of BOUYID V.BELGIUM [GC] (23380/09, 28 September 2015,
Information Note 188),the Court reiterated that the authorities bore the burden of
proof in respect of events occurring while an individual was under the control of the
police or of a similar authority.
The Respondent has failed to adduce evidence in rebuttal. The Respondent only
succeeded in stating that there was indeed an articulated security formation which
culminated into the operation rescue Imo, a coalition of the police, soldiers, the state
security service, SSS and Civil Defense Corps with the aim of curbing the
kidnapping menace and threats to indigenes and visitors. They also asserted that the
Anti-Kidnapping law was passed to take care of every infringement against the law
on kidnapping and that 100 new Hilux Patrol vehicles and other security gadgets
were distributed by the government to security operatives and communities for that
purpose.
There is no evidence before this Court to show that the Applicants’ house was used
to keep kidnap victims hostage. Even if there was, the presumption of innocence has
not been given due consideration. Assuming without conceding that the 1st
Applicant’s son Obinna onwuham was a kidnapper, the question is, was he tried by
any competent court? Was he convicted as required by the anti-kidnapping bill? Was
it established that the father i.e. 1st Applicant is an accomplice to the fact to warrant
demolishing his house?
It is not enough for the Respondent to merely state that they were not at the
Applicants property on the dates mentioned or any other day. It may be curious to
note that the Respondent did not carry out any investigation to unravel the persons
involved in the demolition. This is indicative of the Respondent’s acquiescence of
the demolition.
Having put the Applicants to the strictest proof of their averments we are satisfied
by the evidence placed before us by the Applicants in proof thereof. We therefore
hold the Respondent’s responsible and liable for the demolition of the Applicants’
houses.
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