EVIDENCE LAW — Judicial Notice — Taking Judicial Notice of Public Highway Under Section 74 of Evidence Act
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Joseph v. State (2011) NLC-123-48-2010(SC) at pp. 4; Paras C–D:
"Not withstanding that there was no direct testimony that Igbogila/Ibara-Orile/Sokoto where the accident occurred is a Federal Highway, by virtue of Section 74 of the Evidence Act the court was at liberty to take judicial notice of the fact that the accident in this case occurred on a Federal Highway."
Explanation / Scope
This principle establishes that under Section 74 of the Evidence Act, the court may take judicial notice of the fact that a road is a Federal Highway, even without direct testimony. The principle applies in road traffic offences. It ensures that judicial notice can be taken of public highways. The principle reflects the court’s power to notice facts. It assists in proving the Federal Highway element. The court must exercise this power appropriately. The principle provides guidance on judicial notice of public highways.