"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^*