There are basically two classes of
presumptions, namely, presumptions of
fact and presumptions of law. Presumption of law is further divided into rebuttable and irrebuttable presumptions of law. This mode of classification is
not without its criticisms. However, it is convenient and can be used in cases
of presumptions under the Evidence Act.
This is particularly so given that
where the relevant provision of the Evidence Act or any law states that the
court “may presume” a fact, a presumption of fact is created and where it
states that the court “shall presume” a fact, a presumption of law is created.
The case of Madagwa v State (1987) 4
NWLR (Pt. 64) 172 (CA); (1988) 5 NWLR (Pt. 92) 60 (SC) is instructive.
©Onyekachi Duru Esq and www.legalemperors.com, 2016. (All Rights Reserved) Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Onyekachi Duru Esq and www.legalemperors.com with appropriate and specific direction to the original content.
©Onyekachi Duru Esq and www.legalemperors.com, 2016. (All Rights Reserved) Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Onyekachi Duru Esq and www.legalemperors.com with appropriate and specific direction to the original content.