Meaning of Proof

Introduction:

This note discusses the statutory definition of proof and its key elements. The note will also highlight some case law and scholarly definitions of proof.

Meaning of Proof:

1. Statutory Definition 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;

To properly understand this statutory definition, we need to understand the meaning of the phrases “establishment by evidence," requisite degree of belief,” concerning a fact, and “in the mind of the tribunal of fact or the court.”

a. establishment by evidence:

This highlights that evidence is the mechanism through which proof is achieved. It can include documents, testimony, physical objects, or other information presented in court.

b. requisite degree of belief:

This refers to the level or standard of certainty a person must have concerning the truthfulness or otherwise of a fact. The requisite degree of belief depends on the type of case—civil or criminal.

1. Requisite degree of belief in civil cases:Here, the required level of certainty is the preponderance of evidence or probabilities. Per Section 12(2) of NRCD 323 , this phrase “means that degree of certainty of belief in the mind of the tribunal of fact or the court by which it is convinced that the existence of a fact is more probable than its non-existence.” For instance, in an action for breach of contract where the existence of a contract is disputed, presenting an offer letter and an acceptance letter as evidence would make it more probable that a contract exists than not.
2. Requisite degree of belief in criminal cases: Here, the level of certainty is beyond all reasonable doubt, which means the removal of any reasonable doubt in the mind of a rational and impartial person. This does not mean absolute certainty or beyond a shadow of doubt.

c. concerning a fact:

This phrase highlights that the purpose of evidence is to establish, either beyond reasonable doubt or on preponderance of probabilities, that a fact is true . A case often involves multiple facts, each of which must be proved with evidence. For example, in a murder case, evidence must be used to prove the fact that a person died, that the death was caused by unlawful harm inflicted by the accused, and the harm was inflicted with the intention to kill.

d. in the mind of the tribunal of fact or the court

This phrase underscores that it is the tribunal or court, applying legal standards and reasoning, that decides whether the requisite degree of belief has been established. For instance, if the evidence establishes in the mind of the mother of the victim that the accused is guilty beyond all reasonable doubt (the requisite degree of belief for criminal cases), but not in the mind of the court, the accused will be pronounced not guilty.

2. "Proof" Per Case Law:

In the case of Mojolagbe v. Larbi (1959) GLR 190 , proof was defined as follows:

“Proof in law is the establishment of facts by proper legal means where a party makes an averment capable of proof in some positive way, e.g., by producing documents description of things, reference to other facts, instances or circumstances.

A party may establish a fact either by the preponderance of probabilities or beyond a reasonable doubt. The entity to determine if a fact is established by any of these standards is the tribunal of fact or the court.

3. Scholarly Definition of Proof:

According to Brobbey [1], “proof is the effect of the evidence on the thinking or the mind of those receiving the evidence and the conclusion drawn from the evidence so received.”

According to Dennis [3], “proof is a term with a variable meaning. In legal discourse it may refer to the outcome of the process of evaluating evidence and drawing inferences from it…”

Finally, Black’s Law Dictionary, 9 ^th ed., defines proof as “the establishment or refutation of an alleged fact by evidence; the persuasive effect of evidence in the mind of a fact-finder.”

Conclusion:

This note has examined several definitions of proof as applied in the law of evidence. In subsequent notes, we will discuss the meaning of the burden of proof and the standard of proof and how they manifest in civil and criminal cases.