EVIDENCE LAW — Presumptions — Failure to Produce Evidence — Presumption under Section 148(d) Evidence Act
Ratio Decidendi
Per Galadima, JSC, in Alade v. Alic (Nigeria) Limited (2010) NLC-123-169-2001(SC) at pp. 11–12; Paras E–A:
"The first dependent Alic (Nig.) Limited … has not declared any profit but neither has it declared any loss. It has failed to produce the audited balance sheet of the trade transaction … The presumption therefore, is that if it had produced it, it might not have been favourable to him."
Explanation / Scope
This principle establishes the presumption under Section 148(d) of the Evidence Act that where a party fails to produce evidence in their possession, it is presumed that such evidence would be unfavourable to them. The principle applies where a party fails to produce relevant documents. It ensures that parties cannot withhold evidence. The principle reflects the rule that adverse inference can be drawn. It prevents parties from benefiting from their failure to produce evidence. The court must draw the appropriate inference. The principle provides guidance on the consequences of failing to produce evidence.