LEGAL PRINCIPLE: EVIDENCE LAW — Judicial Notice — Subsidiary Legislation — Court Obliged to Take Judicial Notice
PRINCIPLE STATEMENT
A subsidiary legislation has the force of law. Under sections 72 and 73 of the Evidence Act, the court is obliged to take judicial notice of the Order.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Amusa v. State (2003) NLC-3362001(SC) at pp. 5–6; Paras E–A.
"A subsidiary legislation has the force of law. ... the provisions of sections 72 and 73 of the Evidence Act, the court was obliged to take judicial notice of the Order."
EXPLANATION / SCOPE
Courts must take judicial notice of subsidiary legislation. The principle applies to all courts. The rule is statutory. The court does not require proof of subsidiary legislation. The principle promotes judicial efficiency. The court will apply the law as published. The principle is well-established.