Evidential Burden

The evidential burden of casting reasonable doubt on the prosecution's case is on the defence. See AKINMOJU v. STATE (2000) 6 NWLR (pt 352) 608 at 629: IGBABELE v. STATE (supra).

At all times the accused person has the evidential burden of proving his defence or casting reasonable doubts on the prosecution's case. When he asserts a defence, it behooves him to prove it. Sections 131, 136(1) and 137 of the Evidence Act, 2011 are clear and very material on this.
When a man shoots at his victim or into a crowd with a gun he does so with the intent either to cause the death of the victim or some other persons in the crowd. That is what the law presumes his intent to be. So held Onu, JSC in ADEGBOYEGA IBIKUNLE v. THE STATE (2007) 1 SC (pt. ii) 32; (2007) 2 NWLR (pt. 1019) 5 & 6 relying onAREBAMEN v. THE STATE (1972) 4 SC 35 at 44 – 45; ERIC UYO v. A. G. BENDEL STATE (1986) 1 NWLR (Pt.17) 418, and GARBA v. THE STATE (2000) 6 NWLR (PT. 661) 378 at 387 H.

I would want to go back to the assertion of the appellant of the improper or non service of the Statutory Notices by stating that the law is now trite as backed by Section 131 of the Evidence Act 2011 that he who asserts must prove. In fact I shall quote the provision thus:-
SECTION 131-
"Whoever desires any Court to give judgment as to any legal right or liability dependant on the existence of facts which he asserts must prove that those facts exist."
That provision is supported by the fact that the burden of proof in civil cases is not static as it shifts from one party to another. Firstly the burden of proving the existence or nonexistence of a fact lies on the party against whom the judgment of the Court would be given if no evidence were produced on either side, regard being had to any presumption that may come up from the pleadings. Therefore if the party adduces evidence which ought reasonably to satisfy the Court that the fact sought to be proved is established, the burden lies on the party against whom the judgment would be given if no more evidence were adduced and so on successively until all the issues in the pleadings have been dealt with.