APPELLATE PRACTICE — Uncontested Issues — Deemed Concession by Defaulting Party
Principle Statement
It is settled law that where an opponent fails or neglects to counter any argument or issue validly raised in the brief of argument or during oral presentation, the issue not so contested is deemed conceded by the defaulting opponent.
Ratio Decidendi (Source)
Per Onnoghen, JSC, in Nwankwo & Ors v. Yar'Adua & Ors (2010) NLC-2792007(SC) at p. 10; Paras A–B.
"It is settled law that where an opponent fails or neglects to counter any argument or issue validly raised in the brief of argument or during oral presentation, the issue not so contested is deemed conceded by the defaulting opponent."
Explanation / Scope
This principle establishes that uncontested issues are deemed conceded. Where a party fails to counter an argument or issue, it is deemed admitted. The principle applies in appellate practice. It ensures that parties respond to issues. The principle reflects that silence is consent. It prevents parties from ignoring issues. The court must treat uncontested issues as conceded. The principle provides guidance on the effect of failure to respond.
