LEGAL PRINCIPLE: EVIDENCE LAW – Presumptions – Presumption of Death – Non-Application Where Period of Absence Less Than Seven Years
PRINCIPLE STATEMENT
Where the disappearance of a person came to notice in September 1982 and another event occurred in December 1986, the duration of the period when the person became missing was not up to 5 years at the time material to the case; consequently, the presumption under Section 143(1) of the Evidence Act was not available.
RATIO DECIDENDI (SOURCE)
"The disappearance of the incumbent Oluoha came to the notice of the kingmakers in September, 1982 and the respondent was installed by the kingmakers as Oluoha in December, 1986. Thus the duration of the period, when the Oluoha became missing, was not up to 5 years at the time material to this case. Consequently, the presumption [under Section 143(1) of the Evidence Act] was not available to the respondent."
EXPLANATION / SCOPE
Section 143(1) Evidence Act creates presumption of death when a person has been missing for seven years. Requirements: (1) person’s disappearance; (2) seven years absence; (3) no evidence they’re alive; (4) inquiries by persons likely to hear from them yielding no information. All requirements must be satisfied. Here, only approximately 4 years passed between disappearance (September 1982) and relevant time (December 1986)—insufficient for the presumption. Without satisfying the seven-year requirement: no presumption of death arises, absence must be proved by other evidence, and courts cannot assume death occurred. The seven-year period serves: ensuring sufficient time has passed to justify death inference, protecting against premature death declarations, and balancing certainty needs against protecting absent persons’ rights. Where absence is less than seven years: death can still be proved through other evidence (body, witnesses, circumstances), but the statutory presumption doesn’t apply. This strict temporal requirement prevents premature declarations of death based on relatively brief unexplained absences.