Charter on Human and Peoples’ Rights and other International Human Rights
instruments relied upon by the Applicants.
88. As a general rule, the burden of proof lies on the party who asserts the existence
of facts. Where however that burden is discharged, the burden may shift to the other
party to lead evidence in rebuttal. In FEMI FALANA & ANOR V REPUBLIC OF
BENIN & 2 ORS (2012) ECW/CCJ/JUD/02/12 PG. 34, the court held that:
“As always, the onus of proof is on a party who asserts a fact and who will
fail if that fact fails to attain that standard of proof that will persuade the court
to believe the statement of the claim”.
See also SIKIRU ALADE VS FEDERAL REPUBLIC OF NIGERIA (2012)
ECW/CCJ/JUD/10/12. PARA 48.
89. The burden is therefore on the Applicants in this case to prove all the facts as
alleged above. However, it is also trite law that facts admitted need no proof. The
Court notes that the Applicants tendered 27 Exhibits in support of their claims and
having ruled that they are admissible, the Court is obliged to examine their contents
to assess their probative value.
90. Allegation of Violation of right to life.
91. With regards to the allegation that the attacks by the Christian youths of the
Southern Kaduna caused the death of over 800 and injury to 77 people of the same
communities, The Court notes that the Respondent did not refute these allegations.
In fact Exhibit 26 (which is the Recommendation of its panel of investigation into
the said crisis) and which the Respondent made copious reference in its defence
admits that hundreds of lives were lost, and several persons injured. Page 17
paragraph 15 (i) & (ii) of Exhibit 26 states:
(i) “The number of persons who lost their lives or sustained injuries and
suspects arrested in various states are shown below – Kaduna- 827 lives lost;
71 people injured; No of arrest- Not applicable
(ii). “It is to be noted that the statistical figure of deaths from Kaduna is 827
from which over eighty per cent are from the Southern Kaduna Senatorial
District where communal violence has been known to be pronounced for over
25 years.”
92. The Respondent having admitted that hundreds of lives were lost and several
injured, these facts as claimed by the Applicants being uncontroverted need no
further proof. The Court therefore holds that the Applicants have proved as a fact
the killings of 827 and injury of 77 people in Kaduna State including the
25