Widening the scope of notorious fact

The momentous decision of the federal court of appeal, under the presiding wisdom of the president of the court justice issa ayo salami, setting aside the decision of the electoral tribunal and affirming the minority decision of the inferior court, on the appeal by candidate of the action congress Dr. kayode fayemi, has created a new precedent at law and a new latitude on the understanding of what constitute a notorious fact, the place and position of the concept of public opinion in the context of its acceptance and application in adjucation of cases in our courts of records.

The election to the ekiti state government house, was one of the most watched and monitored exercise in the history of nigerian elections, because it was resulted from an annulment and theordering of fresh polls in some local governments areas in the state, thus exposing it to extreme perusal and inquisition of the media, election monitiors and the generality of nigerians, infact a controversial incident relating to the attack and injury on the election monitors occurred, further highlighting and exposing the elections into media scrutiny and eventual derision. All these incidents and happenings made the ekiti state governatorial elections and its surrounding circumstances to be availed to the judgement and verdict of nigerian public.

The context, syntax and chronology of nigeria's judicial procedural law and indeed its primal evidence law, which is the nigerian law of evidence has placed its determinant basis on the supremacy of the sacred fact, obtained and presented at the competent court of law. The concept and premises is that the courts only takes judicial notice of only the fact presented and availed at its presence and should a circumstance or situation warrant the inability of such fact to be availed to the court, then thecause of thejustice is served by making declaration only on the basis of presented evidence.

However situations and circumstances arises that make certain facts to be so notorious, as for any court to attempt to ignore such fact would a make mockery of justice and indeed reality, the fact that the sun comes out tomorrow or Dr. goodluck ebele jonathan is the president of the federal republic of nigeria falls within the realm of a notorious fact. Unfortunately the nigerian elections and the surrounding activities that preceed and succeed the elections, have gained so much notoriety in the psychy and conscience of nigerians that they have become a notorious fact, because they have developed into a prism of undisputable fact beyond questioning and challenge.

Indeed thejudgement of the presiding judge in the ekiti state elections appeal tribunal, duely considered and accepted evidence that fall within the realm of notorious facts, the purpoted resignation of madam ayoka adebayo and the eventual declaration of her wanted by the inspector general of nigerian police as a form of coersion and intimidation the electoral presiding officer. Became so known and a topic of discussion as situational reality to generality of nigerians, that to seek the proof such an available fact would have diminished the courts as temples of justice.

The basic concept of our judicial system and indeed our laws, is the desired requirement of perception of jusice being availed to citizens, a prospective litigant institute an action perceiving the reception of justice, as it is not enough in fact and at law for their to be justice in adjucating matters, but it must be seen that justice has been done to every injured party seeking redemption in the courts, thus the meeting ground between the precept of the law and the public opinion, where the courts being instrument of the public good, accepts the approval of good public perception as the ultimate definition of what constitutes justice.

The carnal context of our judicial system is premised upon separation of law from public opinion, thus judicial decisions should not be moulded or rather tainted by public opinion, in order for courts and judges not conducting trials at the instance of a mob , thus while the courts are instruments of the public yet they are not subjected to public influence. However some schools of jurispudence are of the view that the law, rather than ostricising itself from the influence of public opinion should allow itself to be effected by the confluence of public approval, because the sense of justice has always theproperty of public good.

The binding precedent of the court of appeal decision on the ekiti states election, has introduced a new interpretation into our law of evidence, where the judiciary and the courts took cognisance and indeed latent recognition of public opinion and available facts at the behest of the public as valid notorious fact, that could be safely assumed as known to any reasonable individual of sound mind and full mental capacity.