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THE LAW PRESUMES THAT A MAN INTENDS THE NATURAL CONSEQUENCE OF HIS ACT

Dictum

This Court still invoked the natural consequence test. According to Katsina-Alu, JSC (as he then was), the law presumes that a man intends the natural and probable consequences of his acts. And the test to be applied in these circumstances is the objective test, namely the test of what a reasonable man would contemplate as the probable result of his acts. See Adamu Garba v. State [1997] 3 SCNJ 68.

— C.C. Nweze JSC. Amaechi Njoku v. The State (SC.424/2017 · 15 JAN 2021)

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PRESUMPTION OF REGULARITY OF JUDICIAL ACTS

This practice is informed by the presumption, reinforced by section 168(1) of the Evidence Act, 2011 (formerly section 150(1) of the Evidence Act, 1990), that provides that when a judicial act is shown to have been done in a manner substantially regular, it is presumed that all formal requisites for its validity were complied with. There is, in this further appeal, no viable complaint against the formal requisites for the validity of the concurrent judgments, the subject of this further appeal.

– Eko JSC. Chemiron v. Stabilini (2018)

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GENERAL DAMAGES ARE PRESUMED BY THE LAW

General damages are what the law presumes, but they must flow from the type of wrong complained about by the plaintiff and they frequently result from the tort for which the plaintiff has sued. They are at large in that the quantum of general damages need not be pleaded and proved as they are supposed to be a compensation for the loss or inconvenience flowing naturally from the wrong. They are thus not quantifiable but assessable by the trial Court taking the relevant matters into consideration.

– Yahaya, JCA. MTN v. Ezugwu (2018)

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EVERYTHING IS PRESUMED TO BE RIGHTLY PERFORMED

The maxim here is omnia praesumnutur rite et solemniter esse acta donec probetur in contrarium (everything is presumed to be rightly and duly performed until the contrary is shown).

— Onu JSC. Ibrahim v Barde (1996) – SC.74/1995

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ONUS IS ON THE OTHER PARTY TO REBUT PRESUMPTION OF THE LAW

When a rebuttable presumption of law exists in favour of a party, the onus is on the other side to rebut it. When any fact is especially within the knowledge of a defendant and upon which he would want to rely, the burden of proving it is on him.

— Muhammad JSC. Nnaemeka Okoye & Ors. v. Ogugua Nwankwo (SC. 234/2004, 27 Jun 2014)

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COURT DOES NOT ACT ON PRESUMPTION

It is very elementary that no court acts on presumption. It acts on hard facts.

– Amaizu, J.C.A. Adeniran v. Olagunju (2001)

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PRESUMPTION OF INNOCENCE

The law has crystalized in our criminal jurisprudence that an accused person is presumed innocent until he or she is proved guilty. The prosecution is saddled with the burden of proving the guilt of the accused person and the standard of such proof in criminal cases or trial is proof beyond reasonable doubt.

– Adamu Jauro, JSC. Enabeli v. State (2021)

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