Judicial Notice

Question 1

What is Judicial notice?

Answer 1

Judicial notice is a doctrine and in the law of evidence, it allows a fact to be introduced into evidence in court if the truth of the fact is so notorious or well known, or so authoritatively attested, that is not open to doubt. . It is a rule that permits a fact to be accepted as evidence without further proof.

Question 2

What is manifesta non indigent probatione

Answer 2

It is a court’s recognition of a fact that is not reasonably disputable without the introduction of supporting evidence. It is rooted in the ancient maxim manifesta non indigent probatione which translates “that which is known need not be proved”.

Question 3

Can a judge act upon his own general knowledge

Answer 3

Judicial notice refers to facts which a judge may be called upon to receive and act upon, either from his general knowledge of them or from inquiries to be made by himself, for his own information from sources to which it is proper for him to refer. It also refers to such facts which a court mandatorily takes as proved by operation of law.

Question 4

Can the court refuse to take judicial notice of something

Answer 4

The distinction between facts of which a court shall take judicial notice when called upon by a party to do so because those facts are notorious to the court and those facts which in exercise of its powers it may refuse to do so unless and until such person produces the necessary material, or it has informed itself properly to enable it to do so, is maintained. See Section 122 (4) Evidence Act; Global soap and Detergent ind Ltd v NAFDAC, A-G Anambra State v Okeke (2002) and Osafile v Odi (1990)

Question 5

How does black law dictionary define judicial notice

Answer 5

Black’s Law Dictionary also defines judicial notice which is also termed, Judicial Cognizance, as connoting a court’s acceptance for purposes of convenience and without requiring a party’s proof of a well known and indisputable fact; the court’s power to accept such a fact.

Question 6

What does section 122 (1) state

Answer 6

Under Section 122 (1) of the Evidence Act, it is clearly provided that no fact of which the court shall take judicial notice under this section needs to be proved. See Adegboyega v Igbinosun (1999) NMLR 9.
The court may take judicial notice of any fact, in criminal or civil proceedings. In civil proceedings where the court needs to take judicial notice of a fact, evidence need not be provided. On the other hand, the court cannot take judicial notice of a fact that needs to be proved. See Daniel Holdings Ltd v UBA Plc. (2005) mm. See also, Okoro v Okoro (2010) Moses v State (2003), Aromolaran v Oladele (1990) Note that in criminal cases a defendant is entitled to contest every fact that could potentially incriminate him.

Question 7

The courts can take judicial notice of facts in 2 circumstances; which are??

Answer 7

1. A court can take judicial notice of facts ex proprio motu [also sua sponte] meaning on its own accord. See the Supreme Court in Victino Fixed Odds Ltd v Ojo (2010) . It was held that “a trial court has the right to raise an issue suo motu. However it is imperative that parties must be given the opportunity to address it thereon in order not to breach the rule of fair hearing”.
2. The court can take judicial notice of a fact after proper foundation is laid by the provisions of Section 122 (4), if the court is called upon by any person to take judicial notice of any fact. Note that it may refuse to do so unless and until such a person produces any such book or document as it may consider necessary to enable it to do so. See Osafile v Odi

Question 8

Can Judicial notice be

Answer 8

Judicial notice can be permissive or mandatory. If it is permissive the court can either accept or reject the application to take judicial notice of a fact, if it is mandatory then the court must take judicial notice of the fact on the face of it. Mandatory aspects of judicial notice are provided in S.122(2)(a-m) of the Evidence Act .

Question 9

How many facts must the court take judicial of

Answer 9

Any or all of the 13 facts expressly listed in Sections 122 (2) (a-m)

Question 10

What can the courts take judicial notice of

Answer 10

i. Any or all of the 13 facts expressly listed in Sections 122 (2) (a-m)
ii. Facts that are generally known in the territorial jurisdiction of the trial court. Section 124 (1) (a)- Common knowledge in the locality in which the proceeding is being held, or generally; or
iii. Facts which it can accurately verify by resort to an authoritative document or books to which it is proper for court to refer. Section 124 (1) (b).

Question 11

What does section 122 (2) a in the evidence act

Answer 11

a. All laws or enactments and any subsidiary legislation made under them having the force of law now or previously in force in any part of Nigeria. See INEC & Anor v Asuquo & ors. (2018) LPELR-SC. 311/2014, where “on whether it was mandatory that the lower court should have by virtue of S.122(2) of the Evidence Act, 2011 , taken judicial notice of all the provisions of the constitution material to the extant dispute” the Supreme Court per EKO, J.S.C. held that there is no ambiguity about the directive of S.122(2) of the Evidence Act, particularly paragraphs (a) and (b) thereof. It was mandatory for the lower court to have considered Sections 91,112,113,& 114 of the Constitution…

Question 12

What was stated in Earloy Establishment v NNPC

Answer 12

the court held that the court is under a duty to take judicial notice of all laws or enactment and any subsidiary legislation made under them having the force of law now or previously in force in any part of Nigeria. See also Global Soap & Detergent Industry Ltd v NAFDAC (

Question 13

What does section 122(2)(b) say

Answer 13

b. All public acts or laws passed or to be passed by the National Assembly as the case may be and all subsidiary legislation made under them, and all local and personal acts or laws directed by the National Assembly or a State House of Assembly to be judicially noticed.- Faroly Establishment v NNPC (2011)

Question 14

What does section 122(2)(c-e)

Answer 14

c. The course of proceedings of National Assembly and of the Houses of Assembly of the States of Nigeria.
d. The assumption of office of the President, a state Governor or Chairman of a Local Government Council, and of any seal used by any such public officer.
e. The seals of all of the courts of Nigeria, the seals of notaries public, and all seals which any person is authorized to use by any Act of the National Assembly or other enactment having the force of law in Nigeria.

Question 15

Section 122(2)(f-g) state

Answer 15

f. The existence, title and national flag of every state or sovereign recognized by Nigeria.
g. The divisions of time, the geographical divisions of the world, the public festivals, fasts and holidays notified in the Federal Gazette or fueled by an Act.
See the case of Auto Import Export v Adebayo (2003) where the court relied on the provisions of Section 74 (1)(g) of the Evidence Act 2004 which is similar to Section 122 (2) (g) to take judicial notice of 1st of October as a public holiday.

Question 16

What does section 122(2)(I-h) say

Answer 16

h. The territories within the commonwealth
i. The commencement, continuance and termination of hostilities between the Federal Republic of Nigeria and any other State or body of persons.
j. The names of the members and the officers of the courts and of their deputies and subordinate officers and assistants and also of all officers acting in execution of its processes, and of all legal practitioners and other persons authorized by law to appear or act before it. –SCC LTD v Our Line Ltd 2001 FWLR [pt.69] 1445 where S.74(1)(j) now S.122(2)(j) was interpreted.
k. The rule of the road, at land or at sea.

Question 17

What does section 122(2)(I-m) say

Answer 17

l. All general customs, rules and principles which have been held to have the force of law in any court established by or under the constitution and all customs which have been duly certified to and recorded in any such court;
m. The course of proceedings and all rules of practice in force in any court established under the constitution. In the case of Clemco Industries Ltd v The Owners of MV RAB (2002).The Court of Appeal relied on Section 74 (1) (m) of the Evidence Act of 2004, now repealed, to hold that it was not out of place for a superior court of record to take judicial notice of all applications before it.

Question 18

What are the dissimilarities from section 122(2)(b) and the repealed act

Answer 18

1. Under Section 122 (2) (b) of the Act, the court shall also take judicial notice of all public acts or laws passed or to be passed by the National Assembly of a State House of Assembly and all subsidiary legislations made under them and all local and personal acts or laws directed by the National Assembly to be judicially noticed. This was previously limited to the National Assembly.

Question 19

What are the dissimilarities of section 122(2)(d)

Answer 19

2. Under Section 122 (2) (d) of the Act, the courts hall take judicial notice of not only the assumption of office of a president but also that of a State governor or Chairman of a local government council and of any seal used by such public officer. This was previously limited to the President.

Question 20

What are dissimilarities of section 122(2)(e) and the repealed act

Answer 20

2. Under Section 122 (2) (d) of the Act, the courts hall take judicial notice of not only the assumption of office of a president but also that of a State governor or Chairman of a local government council and of any seal used by such public officer. This was previously limited to the President.

Question 21

What are the dissimilarities in section 122(2)(h) of the act and the repealed act section 74 (1) (h)

Answer 21

4. Under Section 122(2)(h) of the Act, there is no legal allowance for judicial notice of territories under the dominion of the British Crown as was expressly provided for in Section 74 (1)(h) of the repealed 2004 Evidence Act.

Question 22

What is the dissimilarities of 122(2)(1) section 74(1)(I) of the repealed act

Answer 22

5. In Section 122(2) (l) of the 2011 Evidence Act, the court is no longer expressly mandated to take judicial notice of all customs, rules and principles which have been held to have the force of law in or by any superior courts of law or equity in England as was hitherto the case in Section 74 (1) (l) of the now repealed 2004 Act. Thus, English general customs, rules and principles and indeed those of other jurisdictions will now require to be specifically pleaded and proved by the person relying on them in view of the changes in Section 122 (2) (l) of this Act.

Question 23

The dissimilarities of section 122(2)(m) and the repealed act

Answer 23

Note: The difference between the repealed Act and the Evidence Act; where courts in England are not recognized automatically but courts in Nigeria are.
6. Under the new Evidence Act, Section 122(2)(m), the court shall take judicial notice of the course of proceeding and all rules of practice in force any court established by or under the Constitution only. The reality before now was that vide Section 74(1)(m) of the repealed Act, Judicial notice could be accorded to the course of proceedings and all rules of practice in force in the high court of justice in England.
The obligation of a court of law to take judicial notice of the facts listed in Section 122 of the Evidence Act is mandatory or strict. Courts are under no obligation to call for evidence of their content and or address of counsel before doing so. See BON Ltd v Babatunde (2002) FWLR (Pt 119) @1452 and the Supreme Court decision in Victino Fixed Odds Ltd v Ojo (supra). In Joseph v The State (2011) the Supreme Court upheld the decision of a learned trial judge, who took judicial notice that a particular highway, on which accident had occurred was a Federal highway under Section 74 of the repealed Evidence Act now Section 122 of the Evidence Act 2011 by virtue of legal notice No. 60 of 1977.

Question 24

122(2) is mandatory but not exhaustive what does section 124(1)

Answer 24

In Section 124 (1), the Act provides that “Proof shall not be required of a fact, the knowledge of which is not reasonably open to question and which is;
a) Common knowledge in the locality in which the proceeding is being held; or generally
b) Capable of verification by reference to a document. The authority of which cannot reasonably be questioned.”

Question 25

Ebe v Commissioner of Police hold under section 124

Answer 25

“…courts ought to take judicial notice of the fact that the commissioner of police could possibly be involved in many court cases at the same time. It would therefore be impossible for him to be physically present in all the courts at the same time and at the time to be able carry on his duties as commissioner of police, apart from the prosecution of cases in his official capacity; the law does not compel the impossible, (Impotentia excusat legem) Therefore the insistence on the personal appearance of the COP, who was the appellant before the lower court, was absolutely wrong because a counsel was regularly appearing for the appellant”

Question 26

However in the exercise of the wide powers conferred on the court vide Sections 124 (1) and (2), courts must give parties to the proceedings, opportunity to

Answer 26

However in the exercise of the wide powers conferred on the court vide Sections 124 (1) and (2), courts must give parties to the proceedings, opportunity to make submissions and make reference to relevant information as may be related to the acquisition and use of such knowledge so as to ensure that no party is unfairly prejudiced. Before now courts had actually taken judicial notice of quite a number of notorious facts as seen in the case of Kopec Construction Ltd v Ekisola (2010) 3 NWLR (Pt 1182) 618 @655, where the Supreme Court took judicial notice of the fact that Nigeria is blessed with a diversity of tribes, customs, languages and legal cultures and as such it is not that easy for one to dismiss by mere wave of hand the preposition that under some native laws and customs, the minimum requirement for a transaction to be valid is that there must be at least 2 witnesses.

Question 27

What principle was developed in DOHERTY & ANOR v. SUNMONU & ORS (2018)

Answer 27

Now, with respect to the learned counsel to the appellants' contention regarding the learned trial judge's order to the effect that both the arrears of rents and mesne profits in this matter be paid by the appellants, at the current rate of exchange as stipulated by the Central Bank of Nigeria, it is indisputable, that the Court in the quest to do substantial justice in any matter placed before it, has the power to take judicial notice of some glaring notorious facts. The reason is not farfetched. Judges are human beings who live in the society and not in the air. It is a notorious fact that the Nigerian Currency, the Naira, and its value fluctuates every now and then. Therefore, to my mind, it will sound very unrealistic and indeed unconscionable to suggest and insist that the value of the Naira in 1990 when the rents vide Exhibit 3 was paid is still the same today or when the trial judge delivered his judgment on 6th February, 2013. This Court on the question whether of or not a Court can take judicial notice of the rate of the dwindling fortunes of the Nigerian Naira had this to say in Jide Arulogun v. Commissioner of police, Lagos State & Ors (2016) LPELR-40190 (CA) at pages 16-17 thus: "It is settled that for award of damages to compensate the victims of human rights violation, it must reflect the economic reality of the Country -

Question 28

How is Onogoruwa V. I.G.P Follow the principle in DOHERTY & ANOR v. SUNMONU & ORS

Answer 28

Onogoruwa V. I.G.P. (1993) 5 NWLR (Pt.193) 593, wherein it was held-"In these days of racing inflation where the buying or purchasing power of the Naira falls drastically (and painfully so) every day and, therefore, not commensurate to the quality and quantity of goods bought, a Judge should, in the assessment of damages, consider the current market situation. It will be most unrealistic to ignore this fundamental aspect and merely theorize with principles of law and facts and figures presented to him in Court by counsel and witnesses. While the Judge is not expected to play the role of a housewife of Sangross Market, Lagos, Kasuwa Kurimi Market of Kano or the Ogbete Market of Enugu by sampling prices of goods randomly, he must always remind himself that market prices escalate by leaps and bounds and they affect the purchasing power of the Naira". [Tobi, JCA (as he then was)]. In that case, Onogoruwa V. I.G.P. (supra), decided in 1993, Niki Tobi, JCA (as he then was), painted a poor picture of the Naira in 1993, as follows- "The Naira is no longer a stable and enduring currency. It floats in the money market adversely. It also floats in the Nigerian wind not because of its physical lightness but because of its loss of monetary value. After all, the Naira is now one heavy coin." That was 1993; I wonder what he would say now about the Naira in 2016." Per AUGIE, J.C.A. (Pp. 16-17, Paras. B-C) And if I may add, what would his Lordship, Tobi, JCA (as he then was) have said of the value of the Naira in 2018?" Per YAKUBU, J.C.A.

Question 29

Can the court refuse to take judicial notice in certain cases

Answer 29

In appropriate cases, the courts have refused to take judicial notice of facts that are not notorious, it is the law that courts cannot take judicial notice of facts which need to be proved.

Question 30

OKORO V OKORO (2010) state the facts that happened in this case

Answer 30

In OKORO V OKORO (2010) the Court of Appeal relying on the decision in DANIEL HOLDINGS LTD V UBA PLC (2005) held that: “Bank rate, issued by the CBN in occasional circulars is not a matter to take judicial notice of under the Evidence Act as there must be evidence on it” It further held that: “Indeed, it would be doing injustice to adjudicative discretion, to accord judicial notice to circulars dished out from the CBN and that would amount to mortgaging our fragile judicial independence.”

Question 31

Just give a sketch of section 124(1) of the evidence act

Answer 31

(1) Proof shall not be required of a fact the knowledge of which is not reasonably open to question and which is- a) Common knowledge in the locality in which the locality in which the proceeding is being held, or generally; or b) Capable of verification by reference to a document the authority of which cannot reasonably be questioned.

Question 32

Just give a sketch of section 124(2) of the evidence act

Answer 32

(2) The court may acquire in any manner it deems fit, knowledge of a fact to which subsection 1 of this section refers, and shall take such knowledge into account.

Question 33

Just give a sketch of section 124(3) of the evidence act

Answer 33

(3) The court shall give to a party to any proceeding such opportunity to make submission and to refer to a relevant information, in relation to the acquiring or taking into account of suck knowledge, as is necessary to ensure that the party is not unfairly prejudiced. Section 124 (3) comes in to water-down the effect of Section 124 (2). As a consequence of Section 124, archaic, outdated and anachronistic decisions that were reached in the past, that do not reflect current realities, legal or factual are therefore liable to be overruled. See for example, the curious case of Areh v The Police (1959) where the court refused to take judicial notice of the fact that a state owned General hospital is a public place. The decision Mukete v NBC (1961) where the court refused to take judicial notice of the fact that broadcasts from a radio station are made from written scripts is more realistic.

Question 34

Does the court have a option to seek assistance and obligation on parties to assist the court

Answer 34

By virtue of Section 122 (3) of the Act, it is enacted that in all cases in subsection 1 of this section and also on all matters of public history, literature, science or art, the court may resort for its aid to appropriate books or documents of reference. It follows that, for a court to take judicial notice of facts suo motu, the court should consult widely and be up to date on latest developments in the subject matter under consideration.

Question 35

What are the facts of Orugbo V UNA

Answer 35

In ORUGBO V UNA (1991) 1 NWLR (PT 167) @ 369; Section 74 (2) of the now repealed Evidence Act 2004 which was the Evidence Act 1990 and which is in pari materia with Section 122 (3) of Evidence Act 2011 was interpreted by the Supreme Court as empowering a court to place reliance on legal and other written material not relied upon by counsel on the other side. That a court did so sua sponte or ex proprio motu does not amount to an exhibition of bias on the part of the judge, this is because, a judge is not under any obligation to give notice to the parties that he intended to use the material. See Chief Omini v. Chief Eno (2010) 8 NWLR (Pt 1197); 453 @ 467 – 468, where the Court of Appeal held that the court has power to take judicial notice of all statutes and core laws in Nigeria, asides from the ones cited by counsel and apply them to its judgments. Finally, a court called upon by any person to take judicial notice of any fact may refuse to do so unless and until such a person produces any book or document as it may consider necessary to enable it to do so. See AG Anambra State v Okeke (2002) FWLR (Pt 112) @175; Osafile v Odi (1990) 5 SCNJ 118, Okoro v Okoro (2010) 2 NWLR (PT. 1117) 198 and Daniel Holdings Ltd v UBA Plc (2005) 13 NWLR (PT. 943) 533 where the courts delivered as interpretation of the statutory provisions in Section 74 (3) of the repealed Evidence Act which is similar to Section 122 (4) of the Evidence Act 2011.