"it is trite that he who alleges cases rests on the parQ that alleged must prove. The burden of proof in civil will lose if no evidence is led. Proof offacts is either by production of documents, oral testimony or production of material for examination by the Court. The court has stressed that merely stating allegations without more does not discharge the burden placed on the Applicants to prove their case" 48. Sinailarly, in FESTUS A,O OGWUCHE v, FEDERAL fuEPUBLIC OF NIGERIA ECWCCJ/JUD/02/18 unreported, the Court held that: "as a general rule, the burden of proof lies on the Plaintffi If that burden is met, the burden then shifts to the Defendant, who now has to plead and prove any defense, by a preponderance ofevidence". 49. Based on the evidence presented by both parties in the present case, it is not in dispute that I\&. Desmond Nunugwo died whilst in custody of the EFCC after he was interrogated and detained as a suspect based on a petition made against him by a complainant. The question the Court is faced with is the extent of involvement of EFCC officials in the death of Mr. Desmond Nunugwo and the State's responsibility to give an account of his death and identiff those responsible if any. 50. The Court having critically analyzedthe circumstances of this case, observes that apart from the autopsy report dated 18th of April 2018, the Respondent failed to p duce any ether document that would glve a reasonable account of what led to Mr. Nunugwols death. More importantly, is the fact that the EFCC officials had the exclusive knowledge of the events leading to his demise. 51. As it stands, there is no preliminary report from the police department giving detailed information of the officers that arrested and interrogated the deceased, his condition after the interrogation and the exact time he was taken to the hospital before he was confirmed dead. This report is critical to the case Na\ fl^*

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