“Where a Respondent fails to file a Respondent's brief, he will be deemed to be uninterested in the Appeal, and he will further be deemed that he has conceded to be bound by whatever the outcome of the appeal is. Order Rule 18 Rule 10 of the Court of Appeal Rules reads thus:
"Where an Appellant fails to file his brief within the time provided for in Rule 2 of this Order, or within the time as extended by the Court, the respondent may apply to the Court for the appeal to be dismissed for want of prosecution. If the respondent fails to file his brief, he will not be heard in oral argument. Where an Appellant fails to file a reply brief within the time specified in Rule 5, he shall be deemed to have conceded all the new points or issues arising from the respondent's brief."
This however does not imply that the Appellant is entitled automatically to judgment in his favour, the matter still has to be heard based on the Appellant's brief and  the  success or otherwise of the appeal would be solely based on the strength or otherwise of the Appellant's argument and the position of the law but not on the failure of the Respondent to file his brief. See the case of Unity Bank Plc. v Bouari (2008) NSCQR VOL. 33 AT 1296; Cameroon Airlines v Mr. Mike E. Otutuizu [2011] LPELR - 827 (SC)”. 

PER A. O. OBASEKI-ADEJUMO, J.C.A IN THE CASE OF CENTRAL BANK OF NIGERIAV. CHIEF DANIEL OBAMENEKE OKEMUO &ANOR:LER(2016) CA/L/1208/2010