LEGAL PRINCIPLE: EVIDENCE LAW — Burden of Proof — Uncontradicted Evidence — Plaintiff’s Evidence Accepted Where Defendant Fails to Testify
PRINCIPLE STATEMENT
A defendant who does not give evidence in support of his pleadings or in challenge of the plaintiff's evidence is deemed to have accepted the facts adduced by the plaintiff, notwithstanding his general traverse.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Bua v. Dauda (2003) NLC-1371999(SC) at p. 17; Paras A–B.
"A defendant who does not give evidence in support of his pleadings or in challenge of the evidence of the plaintiff is deemed to have accepted the facts adduced by the plaintiff, notwithstanding his general traverse. See FCDA v. Alhaji Musa Naibi (1990) All NLR 475."
EXPLANATION / SCOPE
Failure to testify may result in acceptance of the plaintiff’s evidence. The principle applies to civil cases. The defendant cannot rely on mere pleadings without evidence. The rule promotes efficiency. The court may accept uncontradicted evidence. The defendant must adduce evidence to challenge the plaintiff’s case. The principle is well-established.