A defendant who failed to file his pleading is still entitled to a hearing. This is because such a defendant could for instance, decide to rely solely on a point of law which is embedded in the case presented by the Plaintiff without the need to file his pleading and adduce evidence thereon. Such a Defendant may even decide to rest his case on the Plaintiff’s case and merely wish to address the trial Court on issues raised in the Plaintiff’s case. [1]
Nothing precludes or excludes a Defendant who did not call evidence nor file any defence, from addressing the Court. The only legal effect in that circumstance is that the Defendant is deemed to have forfeited his right to first address the Court. He may decide to rest his case on that of the Plaintiff and merely address the Court on point of law. [2]
[1]Faladu v Kwoi (2003) 9 NWLR (Pt 826) p.643 at 657; Mr. Onigha Ogar Onah v Chief (Sir) Linus E. Okoru (2011) LPELR-9057 (CA); Majekodunmi and others v Ogunseye (2017) LPELR-42547(CA) 16-19.
[2] Majekodunmi and others v Ogunseye (2017) LPELR-42547(CA)16-19.