UNIT 5

PRESUMPTIONS

Presumptions are inferences or assumptions that the law requires or permits a court to make based on certain established facts. They are used to facilitate the judicial process by shifting the burden of proof to the opposing party. See section 122 of the Evidence Act 2011 which provides for matters that do not require proof, such as facts of common knowledge, facts ascertained by official documents, and presumptions of law and the case of Sowole v. State (2012) LPELR-7818(SC) where the Supreme Court of Nigeria reaffirmed the presumption of innocence and the burden on the prosecution to prove guilt beyond a reasonable doubt and also the case of Shande v. State (2005) 1 NWLR (Pt. 908) 402 which highlighted the rebuttable presumption of sanity, where the burden of proof shifts to the defense to establish insanity as a defense. Presumptions can be classified into two main types:

1. Rebuttable presumptions: These are presumptions that can be contradicted or disproved by evidence. They hold until evidence to the contrary is presented. An example is the presumption of innocence in criminal law, which holds until proven guilty.
2. Irrebuttable presumptions (Conclusive Presumptions): These are presumptions that cannot be contradicted, regardless of any evidence presented. For instance, under the Nigerian Evidence Act, a child under the age of 7 is conclusively presumed incapable of committing a crime.

SPECIFIC PRESUMPTIONS

1. Presumption of legitimacy: this is where a child born during a valid marriage is presumed to be legitimate. This presumption can be rebutted by evidence of non-access or impotency.
2. Presumption of death: this is where a person who has not been heard of for seven years by those who would naturally have heard from them is presumed dead. This is a rebuttable presumption.
3. Presumption of continuity: Once a fact is established, it is presumed to continue until the contrary is proven. For example, if a person is proven to be married, the marriage is presumed to continue until evidence of divorce or death is presented.

JUDICIAL NOTICE

Judicial notice refers to the act by which a court recognizes certain facts as established without requiring formal proof. These are facts that are so notorious or well-known that they cannot reasonably be disputed. See section 124 of the Evidence Act 2011 which specifies facts that may be judicially noticed, including matters of common knowledge, general customs, laws and rules, and geographical facts and the case of Kwara State Poly v. Oyebanji (2008) 10 NWLR (Pt. 1094) 182 where the Court of Appeal held that courts can take judicial notice of the academic calendar of institutions and also the case of Adebayo v. A-G, Ogun State (2008) 7 NWLR (Pt. 1085) 201 where the court took judicial notice of the fact that Ogun State is one of the states in Nigeria.

FACTS SUBJECT TO JUDICIAL NOTICE

1. Laws and official acts: this is where courts can take judicial notice of all laws and regulations enacted by the government, as well as official acts of public officers.
2. Common knowledge: this is where facts that are widely known within the jurisdiction of the court, such as the days of the week, the seasons, and major historical events.
3. Geographical facts: this is where recognized geographical facts, such as the location of major cities, rivers, and landmarks.

ADMISSIONS

An admission is a statement by a party to legal proceedings that is against their interest. It can be oral, written, or implied by conduct. Admissions are powerful evidence and can sometimes dispense with the need for further proof of a fact. See section 20 of the Evidence Act 2011 which defines admissions as statements made by a party to the proceedings, whether during the course of proceedings or otherwise and section 21 which provides that admissions are relevant and may be proved as against the person who makes them or their representative in interest. See also the case of Yesufu v. African Continental Bank Ltd (1976) 1 SC 89 where the Supreme Court held that admissions made by a party in a pleading are binding and do not require further proof and the case of Bally Plastic v. Metal Export (Nig.) Ltd (2013) 14 NWLR (Pt. 1374) 208 where the court ruled that admissions made during pre-trial conferences are admissible against the party making the admission. Admissions can be categorized as:

1. Formal admissions: these admissions are made in the course of judicial proceedings, such as pleadings or during a trial. They are conclusive and do not require further proof.
2. Informal admissions: these are admissions made outside the court, such as in conversations or documents. These admissions can be used as evidence but are not conclusive.

LEGAL EFFECTS OF ADMISSIONS

1. Shifts burden of proof: this is where admissions can shift the burden of proof to the party against whom the admission is made, as they do not need to prove the admitted fact.
2. Conclusive proof: this is where formal admissions made in the course of judicial proceedings are conclusive and binding on the parties.

CONCLUSION

Presumptions, judicial notice, and admissions play crucial roles in the administration of justice by simplifying the judicial process and facilitating the proof of facts. Understanding their application and implications, along with relevant Nigerian cases and statutes, is essential for legal practitioners and parties involved in legal proceedings.