There are two types of burden of proof namely: (1) Legal burden of proof (2) Evidential burden which is the duty or obligation to give evidence and (3) Constitutional requirement for burden of proof. This article summarily shines a light on the topic. However, law not being stagnant keeps developing and new areas, unchartered waters keep springing up begging for attention in terms of proper interpretation of the new laws and its application within the context of proving the guilt or the innocence of the accused. The Nigerian courts and more laws (Evidence Act, Interpretation Act, Electoral Act inter alias) has given interpretation to it, making more and more demystify over the years. This task is one that is herculean and almost impossible if no proper context is given to it, to define the boundaries of the concept. The bedrock of conviction under the English criminal jurisprudence and indeed Nigeria’s is the ability of the prosecution to prove beyond reasonable doubt the guilt of the accused.
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