Facts, Evidence, and Proof: An Introduction to the Trinity

Introduction:

This note will discuss the meaning of facts, evidence, and proof as used in the law of evidence, and the relationship between these three terms. These terms are extremely important in understanding the law of evidence.

Meaning of Facts:

According to Opoku-Agyeman [1],

A fact can be said to mean and includes: anything, state of things or relation of things, capable of being perceived by the senses; any mental condition of which any person is conscious. A fact may therefore be physical or mental. Thus, that a man has a certain reputation is a fact; the state of mind of a person is a fact: good faith, bad faith; intention or negligence.

Similarly, the Black’s Law Dictionary, 9 ^th ed. defines a fact as:

Something that actually exists; an aspect of reality <it is a fact that all people are mortal>. Facts include not just tangible things, actual occurrences, and relationships, but also states of mind such as intentions and opinions.

In light of the above definitions, a question such as “whether or not X had the intention to cause the death of Y” is a question aimed at establishing the fact of X’s mental state. That X had the intention to cause the death of Y is a fact. Similarly, the question “whether or not X is below 16 years” in a trial for rape/defilement is aimed at establishing the fact of X’s age.

Meaning of Evidence:

Per Section 179 of the Evidence Act, 1975 (NRCD 323) ,

"Evidence" means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or non-existence of a fact;

The definition first highlights the various forms evidence may take, then highlights why it is presented to the sensory perceptions of sight, taste, hearing, smell, and touch. On the latter, evidence is said to be offered to “prove the existence or non-existence of a fact.”

Similar to the statutory definition of evidence, Keane and Mckeown [2] defined evidence as “information by which facts tend to be proved.” Dennis [3], in defining evidence, similarly advances that “evidence is information. It is information that provides grounds for belief that a particular fact or set of facts is true.”

Finally, according to the Black’s Law Dictionary, 9 ^th ed., evidence is

1. Something (including testimony, documents and tangible objects) that tends to prove or disprove the existence of an alleged fact <the bloody glove is the key piece of evidence for the prosecution>

…

3. The collective mass of things, esp. testimony and exhibits, presented before a tribunal in a given dispute <the evidence will show that the defendant breached the contract>

The net effect of all these definitions is that evidence is whatever information that is presented to prove or disprove a fact.

Meaning of Proof:

Per Section 179 of NRCD 323,

"Proof" is the establishment by evidence of a requisite degree of belief concerning a fact in the mind of the tribunal of fact or the court;

While the above definition may appear a bit technical, it can simply be broken down as follows:

1. Disputed Facts: Parties to a suit may present contradictory facts, and there is a question of which fact should be believed by the court.
2. Presentation of Evidence: The parties then provide evidence to show that their account of the facts is to be believed.
3. Effect of the Evidence on the Fact Finder: If the evidence from a party causes the court to believe in his own accounts of the facts, the evidence can be said to have established in the mind of the court or judge a requisite degree of belief concerning the fact for which the evidence was provided.
4. Proof: The requisite degree of belief concerning the fact for which the evidence was provided and which can thus be said to have been established, engendered, or brought about by the evidence produced is what is referred to as proof.

Although the above statutory conception of proof may appear different from how the word is used in everyday language, closer interrogation reveals that it is not. For example, if a person says “give me proof of the existence of God,” what he is essentially saying is “give me information (evidence) to establish in my mind a belief in the fact of God’s existence." Also, if a wife says, “Do you have proof that the man you saw at the hotel with another woman is my husband?” what she is essentially asking for is information (evidence) that can establish a belief in her mind that her husband is at a hotel with another woman.

Difference between Evidence and Proof:

1. Evidence is presented by the parties throughout the trial process. On the other hand, proof occurs at the end of the trial when all evidence is evaluated.
2. Evidence establishes proof, but proof does not establish evidence. Put differently, evidence is the means to effect proof.
3. Evidence is often in the form of tangible objects like documents, weapons, and video recordings, among others. On the other hand, proof is mental and exists in the form of a belief concerning a fact.

The Intimate Relationship between Facts, Evidence, and Proof:

In litigation, some facts are disputed while others are not. Those facts that are in dispute are referred to as facts in issue or factum probandum. For example, in the case of Odupong v. Republic [1992-93] 3 G B R 1028–1048 C.A. , the fact that the accused had an intention to kill his wife was disputed and was therefore a fact in issue. However, the fact that the victim was the wife of the accused was not disputed and was therefore not a fact in issue.

By virtue of the intention of the accused being a fact in issue, the prosecution in that case presented a gun as the murder weapon. The gun was the evidence, and it was being presented to the court to establish in the mind of the court a belief that the accused intended to kill his wife when he shot at her. The gun, as evidence, succeeded in establishing this belief in the mind of the court, as it noted that:

A gun is a lethal instrument which if fired at a person when loaded will most probably bring about the death of the person. The appellant knew it was loaded because it was he who loaded it. When he aimed and fired it, he must be deemed to have known for certain that the inevitable consequence of firing the gun at Asantewaah was to bring about her death.

Summarily, the gun represents evidence that was used to prove the fact that the accused had the intention to kill his wife when he shot her. The gun itself was not the proof but merely a means of establishing a belief in the fact that the accused intended to kill his wife.

Conclusion:

This note merely provided definitions for evidence, proof, and facts, and the relationship between these three terms. Subsequent notes will explore these terms in more detail.