LEGAL PRINCIPLE: APPELLATE PRACTICE — Record of Appeal — Presumption of Genuineness Not Absolute
PRINCIPLE STATEMENT
The presumption of the genuineness of a court's record is not absolute. It can be rebutted by facts showing that what is contained in the record does not reflect the true state of affairs.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Nuhu v. Ogele (2003) NLC-961998(SC) at p. 11; Paras A–B.
"It is essential to emphasise that the presumption of the genuineness of a court's Record is not absolute. It can still be rebutted by facts which show or tend to show that what is contained in the record does not quite reflect the true state of affairs. ... The Court of Appeal alive to its responsibility did the correct thing by looking at the affidavits and using and relying on what they seek to convey as an instrument of meting out justice."
EXPLANATION / SCOPE
The presumption of regularity of court records is rebuttable. The principle applies to appellate review. The court may consider extrinsic evidence. The rule ensures that justice is not defeated by incorrect records. The party challenging the record must provide evidence. The appellate court may rely on affidavits. The principle is well-established.