Presumptions in The Law of Evidence
Presumptions in The Law of Evidence
Presumptions in The Law of Evidence
Irrebuttable Presumptions
Observed from the provisions of S.145(2) Evidence Act Irrebuttable presumptions are logical,
conclusive and absolute and so court must not only draw them, it must not allow evidence to be given for
the purpose of rebutting it.
The following are classical examples;
1) By virtue of S. 30 criminal code & S.50, penal code applicable in the north, a male person under
the age of 12 years is presumed to be incapable of having carnal knowledge; Therefore, such a
male person below the age of 12 years cannot be convicted of rape or having carnal knowledge of
a girl below the age of 16yrs. However he can be convicted of indecent assault.
2) Under the same provisions, a person/child below the age of 7yrs is presumed to be incapaxdolti.
Therefore, no evidence can be tendered and admitted before any court of law.
3) Under S.17 and other relevant sections of the Companies And Allied Matters Act cap (20, LFRN
2004, the production of the cerificate of registration of a company is presumed conclusively as
the evidence of complying with the regulation of law relating to the formation of a company,
unless there is any other evidence to the contrary.
4) Under S.59 & 61 Evidence Act, 2011, every judgement of a court of law is presumed to be a
conclusive proof of all matters of facts convassed by parties and upon which the judgement has
been based unless a vital evidence to prove a fact intended by a party has been omitted.
In law of evidence, all presumptions are rebuttable; depending on the situations and circumstances.
Therefore, upon the strength of above presentation and narratives, the overall effect of
presumptions in the law of evidence is to establish a fact and once a fact has been established in favour of
a party, that party is no longer under any obligation to prove further evidence to prove that fact again.
In other words, presumptions in the law of evidence are means of establishing matters other wise
than by evidence.