Thread by @OrjiUka

In light of the judgment of the FCT High Court reportedly awarding the sum of N50 million as damages to Osimibibra Warmate against Senator Elisha Abboz who the Senator was caught on tape assaulting, it is time to revisit this tweet especially the part about "no justice".

https://twitter.com/QueenExtha/status/1289314199508639744

I expect all Legal System lectures in Nigerian Universities to use this incident to illustrate to their students the stark difference between the two pillars of the Nigerian adjectival law - criminal procedure system and the civil justice system. If only they update their notes.

It is not all the time Donoghue v Stevenson; UAC Foods v MacFoy; Smith v Selwyn; Acraman v Maurice; Madukolu v Nkemdilim; or even Idundun v Okumagba. Some, if not most, times contemporary cases serve as the best illustrations.

The justice delivery system in Nigeria - as in most countries - is broadly divided into two systems, as highlighted already, each with its distinct features that is sometime lost on lawyers let alone those that know more than us.

One of the most interesting aspects of the division is that sometimes the same set of facts can give rise to both a criminal complaint/prosecution and at the same time, a civil wrong/law suit both of which have different rules and can end with completely different results.

For instance if Senator A assaults Miss B, and she reports to the law enforcement agencies, both the State and Miss B have the right to commence concurrent actions against Senator A, the State by way of an assault charge and Miss B by way of a battery lawsuit.

There are countless other examples e.g. civil defamation v criminal defamation; trespass v criminal trespass etc. I am trying to keep it as simple as possible as I have been warned but I have to add that this was not the case in the past because one had to wait for the other.

As a general rule the primary responsibility to bring a criminal charge is that of the State e.g. the AG or the Police. Thus, they can decide on review of the evidence that they need not prosecute. The right to bring a civil suit on the wronged. S/he alone gets to decide.

Again, without trying to complicate things, there are instances where the State refuses to prosecute and a private person would decide to apply for a Fiat. One of the most famous cases in Nigeria on this point is that of Fawehinmi v Akilu arising from the killing of Dele Giwa.

The key diff between a criminal case and a civil case is the dual concept of burden of proof and standard of proof. In plain speak, these refer to the fact on who has the responsibility of establishing a case before a court and the level of proof required of such a person.

In criminal cases, the burden of proof rests on the State and as a general rule that burden does not shift. So when the State charges Senator A with assaulting Miss B. The duty of proving that case is that of the State. And the State must prove that BEYOND REASONABLE DOUBT.

When we say beyond reasonable doubt, it simply means that if the defendant is able cast a doubt in the case made out by the State and thereby plants any doubt in the mind of the judge, there is ONLY one verdict, the court must acquit the defendant. It doesn't end there.

The criminal justice system also recognises a number of general defences available to defendants in criminal cases e.g. intoxication, insanity, mistake, etc. Defence counsel has a duty to rely on one or a combination of two or more of these defences to get the defendant off.

On the other hand the civil justice system is relatively easier because one the burden of proof does not rest on the plaintiff/claimant bit shifts between the parties AND the standard of that proof is merely a balance of probability. Let's try this poll in the next tweet.

What should a judge do when he finds IN A CIVIL suit that it is 51% for the Claimant and 49% for the Defendant?

What should a judge do when he finds IN A CRIMINAL CASE that it is 60% for the Prosecution and 40% for the Defendant?

From the foregoing, it hopefully becomes easier to appreciate how Judge/Magistrate C can acquit Senator A for the crime of assaulting Miss B while Judge D will find him liable of battery and order him to pay damages of N1billion on the same set of facts. Ask O. J. Simpson.

As the poll result will hopefully show, sometimes it is not as simplistic as saying there is no justice in Nigeria because a Judge decides to acquit a defendant when no case was made out. This should however not be interpreted to suggest we don't have deep flaws in our system. 🎤