Effect of evidence that is not denied/challenged/discredited under cross-examination

ABBA ABBANI v. THE STATE, “It is settled law that where evidence of a witness is not dented, confronted, challenged, discredited or disparaged under cross- examination and is not met by any contrary evidence, it can be believed and relied upon by a trial Court in making findings – State Vs Oray (2020) 7 NWLR (Pt 1722) 130, Igwe Vs The People of Lagos State (2021) 7 NWLR (Pt 1776) 425, Dondos Vs State (2021) 9 NWLR (Pt 1780) 24, Timothy Vs The People of Lagos State (2021) 11 NWLR (Pt 1787) 251.”, ABBANI v. STATE

In Igwe Vs People of Lagos State (2021) 7 NWLR (Pt 1776) 425, the Supreme Court made the point at 451-452 H-A thus:

“In criminal trials, the defence must challenge all the evidence it wishes to dispute by cross-examination. Where the evidence of a witness is not seriously challenged while he is in the witness box, it is an exercise in futility to seek to negative the testimony at the close of the case or to seek to demolish it on appeal.”, YAKUBU v. KANO STATE