LEGAL PRINCIPLE: EVIDENCE LAW — Unchallenged Evidence — Effect
PRINCIPLE STATEMENT
Where evidence given by a party was not challenged by the opposite party who had the opportunity to do so, it is always open to the court to act on such unchallenged evidence.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ezeanya v. Okeke (1995) NLC-2651988(SC) at p. 30; Paras. A–B.
"Where evidence given by a party to any proceedings was not challenged by the opposite party, who had the opportunity to do so, it is always open to the court seised of the matter to act on such unchallenged evidence before it."
EXPLANATION / SCOPE
Unchallenged evidence may be accepted by the court. The opposing party had the opportunity to cross-examine or contradict but failed. The principle applies to oral testimony and affidavit evidence. The court is not bound to accept unchallenged evidence if it is inherently incredible. The rule promotes judicial efficiency. The party cannot later complain that the evidence was not proved. The principle applies in both civil and criminal cases, though caution is required in criminal matters.