LIMITED (1996) 12 SCNJ 445, it was held that it is only when the
claimant has produced credible evidence that prima facie establishes his
claim, that the onus will then shift on the person asserting the opposite to
adduce evidence in rebuttal.
6.3.12.
In FEMI FALANA & 1 OR, V. REPUBLIC OF BENIN & 2
ORS ECW/CCJ/JUD/ 02/12 (2012) UNREPORTED, the Court relying
on the decision in ELSI’S case in R Lilich New York (1992) stated on the
burden of proof that, the Applicant’s case must be objectively and
realistically seen crossing a bright line of proof. Its case must be made by
a preponderance of evidence and should be able to persuade the Court to
tilt in its favor.
6.3.13.
A party having a burden of proof must not only bring evidence in
support of his allegation but must also convince the Tribunal of their truth
less they Be disregarded for want of sufficiency or proof.
6.3.14.
In the instant case, there is no such evidence for the Court to even
equate its sufficiency or otherwise.
6.3.15.
In the light of the foregoing, the Court holds that the Applicant has
not made out any case relative to the allegations of inhuman and
dehumanizing treatment for the Respondent to answer. The 2nd Applicant
has failed to prove any inhuman or dehumanizing treatment.
6.3.16.
The applicants contend that they were denied family visit and have
lived in total isolation for the past 23 years which amounts to a
dehumanizing treatment.
6.3.17.
Generally, every prison inmate is entitled to visit by his family
members or legal representative as the case may be. This must however be
in compliance with the governing rules. Any restriction in this regard will
amount to an interference with the right to family life of the inmate.
6.3.18.
The African Commission on Human Rights, in Law Office of Ghazi
Suleiman v. Sudan, Communication. 222/98 and 229/99 (2003) held that
“Detaining individuals without allowing them contact with their families
and refusing to inform their families of the fact and place of the detention
of these individuals amounts to inhuman treatment both for the detainees
and their families”.
Page | 15