In fact, the settled position of the law is that except in some well-defined situations, a Reply to Statement of defence is not even permitted where no counterclaim is served. This is so because there is in law an implied joinder of issues on any fact raised in the statement of defence and any averment contained therein is deemed denied: see Bakare & Anor v. Ibrahim (1973) 6 S.C. 205, Akeredolu v. Akinremi (1989) 3 NWLR (PT 108) 164 @ 172; Egesimba v. Onuzuruike (2002) FWLR (PT 128) @ 1407; Spasco v. Alraine (1995) 9 SCNJ 288 @ 301, Ishola v. S.G.B.N. (1997) 2 NWLR (PT 488) 405; Obot v. C.B.N (1994) 8 NWLR (PT 310) 140 @ 159 … It is also not the law, as erroneously argued by petitioner’s counsel, that failure to reply to facts averred by 3rd Respondent in his Reply to the petition would mean admission of those facts. Failure to deny averments contained in a statement of defence does not imply admission like it does with failure to deny averments in a statement of claim: see Egesimba’s case (Ayoola, J.S.C.) at pages 14 to 15 of LPELR).
— H.S. Tsammani, JCA. Atiku v PDP (CA/PEPC/05/2023, 6th of September, 2023)