EVIDENCE – Presumption of regularity – Whether presumption of regularity can be applied to rescue fatal errors in criminal trial

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The record shows that the Appellant’s plea for the first count bordering on the offence of conspiracy was not taken. Such an omission is not a minor non-compliance, neither can it be rescued by presumption of regularity provided under the Evidence Act as argued by counsel for the Respondent. It is a fatal error as one of the key elements necessary for a valid trial was omitted. The consequence of the omission is to render the trial and conviction of the Appellant for the offence of conspiracy a nullity.Per ADAMU JAURO, JSC in AKEEM ABIODUN V. THE STATE (2022-LCER-46641-SC) at Pp. 23 – 24; Paras. G-B.

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EVIDENCE – Presumption of regularity – Whether presumption of regularity can be applied to rescue fatal errors in criminal trial

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