LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Arraignment — Presumption of Regularity — Judicial Act
PRINCIPLE STATEMENT
The legal maxim omnia praesumuntur rite et solemniter esse acta presumes that judicial and official acts have been done rightly and regularly until the contrary is proved.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Okeke v. State (2003) NLC-2592000(SC) at pp. 58–59; Paras B–D.
"The arraignment of the appellant before the trial court was both a judicial and an official act. On the face of the record, it was also carried out in a manner which was substantially regular. The well established legal maxim, omnia praesumuntur rite et solemniter esse acta upon which ground there is a presumption of law that judicial and official acts have been done rightly and regularly until the contrary is proved, is fully applicable."
EXPLANATION / SCOPE
Judicial acts are presumed regular. The principle applies to all court proceedings. The burden is on the party alleging irregularity. The rule promotes finality. The presumption is rebuttable. The principle is well-established.