BURDEN OF PROOF

The former Aston villa and Ghana International footballer, Odartey Lampley filed a divorce in the Ghana court against his wife of over twenty years after he discovered the children the embattled wife claimed he fathered are not his.

The embattled wife agreed that the children are not his biological children but he was the one who conspired and consented with her to have artificial insemination when he discovered he could not father a child.

Before we go further Artificial Insemination is used to treat infertility which involves direct insertion of semen into a woman’s womb. Note that an infertile man’s semen cannot be used for this purpose.

This takes us to burden of proof  that ‘he who asserts must prove’ section 135 of the Evidence act states that whoever desire any court to give judgment as to any legal right or liability dependent on the existence of fact which he assert, must prove beyond reasonable doubt.

In this regard the burden of proof lies on the embattled wife by proving that truly the husband was infertile and the process adopted in having the children are through artificial insemination and not through sexual intercourse and that the man consented to it, the burden lies on her to prove because she would fail if no evidence at all were given on either side because ground of adultery  is a sufficient ground for divorce and what become of her if the husband’s prayer is granted when he truly consented to it...

Also burden of proving that anybody has been guilty of any crime or wrongful act lies on the person who asserts; in this case the man will have to prove his innocence of the crime, proving beyond reasonable ground that the allegation leveled against him by his wife is false and that he did not at anytime have knowledge of this act of hers nor consented to it, this will be proved by medical examination that he is not infertile.

One of the options available to the woman is that you cannot aid and abet a person to do a thing and later turn ones back against that person, if Odartey Lampey is found guilty of these allegation not only will he be responsible for the well being of the children in question but will face legal charges .

Lesson learnt the law will not protect anyone’s interest where he/she conspired with another to commit an illegal act. This is why adoption of children is advised where one cannot father/conceive a child. READ our topic Adoption in Nigeria for further information on adoption process.

We help families in the adoption process in Nigeria, do you know that couples who have children of their own can also adopt, this one of the ways of touching lives.

We shall update you and review the decision of the court when judgment is made.

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons) BL