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A CRITICAL ANALYSIS OF
PRESUMPTIONS IN RELATION TO THE
LAW OF EVIDENCE

Aishat T Hussain

A CRITICAL ANALYSIS OF PRESUMPTIONS IN

RELATION TO THE LAW OF EVIDENCE.

BY

HUSSAIN TENIOLA AISHAT

MATRIC NO. 06/40IA078

BEING A LONG ESSAY SUBMITTED TO THE FACULTY OF LAW,

UNIVERSITY OF ILORIN, ILORIN NIGERIA, IN PARTIAL FULFILMENT OF
THE REQUIREMENTS FOR THE AWARD OF THE DEGREE OF BACHELOR
OF LAW (LL.B HONS.) IN COMMON LAW.

APRIL 2011

D O W N LO A D P D F i

ABSTRACT

Presumption either of law or of fact, is an independent piece of evidence which may or

must be drawn from a given sets of facts until the contrary is proved. In general sense, it
has cut a niche for itself as it maybe employed in both Civil and Criminal cases. This
study will therefore examine the various incidences where presumptions must or may be
made before there can be a conviction and how they have been affected by various
judicial and statutory authorities.

The essay would also analyse various decisions of the court on different issues arising
from both presumptions of law and presumptions of facts and their legal effects. The
essay posits that, presumption is popular and incontrovertible under virtually all legal
systems and that under the Nigerian legal system, the popularity and controvertibility of
presumption did not abase. This is established owing to the influence and interpretation
of the provisions of the Evidence Act and the Criminal and Penal Codes (on
presumptions) by the judges.

A conclusion made as to the existence or non-existence of a fact that must be drawn from
other evidence that is admitted and proven to be true. If certain facts are established, a
judge or jury must assume another fact that the law recognizes as a logical conclusion
from the proof that has been introduced. A presumption differs from an inference, which
is a conclusion that a judge or jury may draw from the proof of certain facts if such facts
would lead a reasonable person of average intelligence to reach the same conclusion.

Conclusive presumption is one in which the proof of certain facts makes the existence of
the assumed fact beyond dispute. The presumption cannot be rebutted or contradicted by
evidence to the contrary. For example, a child younger than seven is presumed to be
incapable of committing a felony. There are very few conclusive presumptions because
they are considered to be a substantive rule of law, as opposed to a rule of evidence.

The essay also focuses on the desirability of presumptions as a requirement in certain

criminal and civil cases under the Nigerian Law of Evidence. Finally the analysis of the
long essay examined the role of the court, and the juris prudential basis of the various
statutory provisions in respect of presumptions in the Law of Evidence in Nigeria and in
some other jurisdictions.

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CERTIFICATION

This is to certify that this long essay: A CRITICAL ANALYSIS OF

PRESUMPTION IN RELATION TO THE LAW OF EVIDENCE was written by
HUSSAIN TENIOLA AISHAT. It has been read and approved as meeting part of
the necessary requirements for the award of Bachelor of Law in Common and
Islamic Law in the Faculty of Law, University of Ilorin, Ilorin, Nigeria.

MR RAZAQ J. ADEBIMPE DATE SIGNATURE

Supervisor ……………… ………………

DR. I.A. YUSUF DATE SIGNATURE

HOD of Host Dept.

Dept. of PUBLIC LAW ……………… ………………

PROF. A. ZUBAIR DATE SIGNATURE

HOD of Graduating Dept.

Dept. of ISLAMIC LAW ……………… ………………

DR. ABDULWAHAB EGBEWOLE DATE SIGNATURE

Dean, Faculty of Law. ……………… ………………

……………………….. DATE SIGNATURE

EXTERNAL EXAMINER ……………… ………………

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TABLE OF CONTENTS

COVER PAGE…………………………………………………………………… i
CERTIFICATION PAGE………………………………………………………. ii
ABSTRACT……………………………………………………………………… iii
TABLE OF CONTENTS………………………………………………………..iv
DEDICATION…………………………………………………………………… vii
ACKNOWLEDGMENT………………………………………………………… viii
TABLE OF CASES………………………………………………………………x
TABLE OF STATUTES…………………………………………………………xiii
LIST OF ABBREVIATIONS…………………………………………………… xiv

CHAPTER 1
GENERAL INTRODUCTION

1.0.0: INTRODUCTION…………………………………………………………..1
1.1.0: BACKGROUND TO THE STUDY……………….……………………….2
1.2.0: OBJECTIVES OF STUDY….…………………..………………………….3
1.3.0: FOCUS OF STUDY…………………………………………………………4
1.4.0: SCOPE OF THE STUDY….………………………………………………..4
1.5.0. METHODOLOGY………..………………………………….……………...4
1.6.0: LITERATURE REVIEW……….…………………………………………..5
1.7.0: CONCLUSION………………………………………………………………7

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