LEGAL PRINCIPLE: EVIDENCE LAW — Presumption of Regularity — Judicial Acts — Applicability to Court Proceedings
PRINCIPLE STATEMENT
The law presumes the regularity of a judgment until the contrary is proved; the presumption applies to the recording of the plea of accused persons.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Eyisi & Ors v. State (2000) NLC-1601999(SC) at p. 10; Paras D–E.
"The law presumes the regularity of a judgment until the contrary is proved. Since the contrary in respect of the recording of the plea of the appellants in the instant case has not been shown, I hold unto the presumption."
EXPLANATION / SCOPE
The presumption of regularity (omnia praesumuntur rite et solemniter esse acta) applies to judicial acts, including the recording of pleas. The court presumes that the proceedings were conducted properly unless the contrary is shown. The burden is on the party alleging irregularity to prove it. The presumption applies to the taking of pleas, recording of satisfaction, and other procedural steps. The rule prevents attacks on judgments based on mere speculation or absence of express recording. The presumption is rebuttable; the accused must point to evidence in the record showing actual non-compliance. The principle promotes finality and respect for judicial proceedings. The court will not assume impropriety.