LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Unchallenged Evidence — Effect of Failure to Cross-Examine on Matters Pleaded
PRINCIPLE STATEMENT
Evidence that is not challenged by cross-examination or contradiction on matters pleaded is deemed accepted and can be relied upon by the court.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Psychiatric Hospitals Management Board v. Edosa (2001) NLC-1631995(SC) at p. 7; Paras D–E.
"The respondent was neither cross-examined nor contradicted by the appellant on this evidence on her status and rank as a senior officer."
EXPLANATION / SCOPE
Failure to cross-examine a witness on material facts amounts to acceptance of that evidence. The opposing party cannot later challenge the credibility of that evidence. The principle applies to oral testimony and documents tendered without objection. Cross-examination is the primary means of testing evidence. If a party chooses not to cross-examine, they cannot complain that the court relied on unchallenged evidence. The rule promotes efficiency and fairness. The party is deemed to have accepted the evidence as true. The court may act on unchallenged evidence even if it is minimal. The principle applies in both civil and criminal proceedings, though criminal cases may require caution.
