LEGAL PRINCIPLE: CIVIL PROCEDURE – Jurisdiction – Raising Jurisdiction Suo Motu – Duty of Court to Accord Parties Hearing
PRINCIPLE STATEMENT
Jurisdictional issue being so pivotal can be raised suo motu by the court so long as the parties are accorded the opportunity to react to the issue.
RATIO DECIDENDI (SOURCE)
Per Achike, JSC, in Galadima v. Tambai & Ors (2000) NLC-2171994(SC) at p. 11; Paras D–E.
"Jurisdictional issue being so pivotal can be raised suo motu by the court so long as the parties are accorded the opportunity to react to the issue."
EXPLANATION / SCOPE
Courts may raise jurisdictional issues on their own motion because jurisdiction is fundamental to adjudicative authority. However, the right to fair hearing requires that parties be given opportunity to address the issue before the court rules on it. The court cannot raise jurisdiction suo motu and decide without hearing parties. The proper procedure is to raise the issue, invite submissions, then rule. This balances judicial responsibility to ensure jurisdiction with constitutional fair hearing protections. A ruling on suo motu jurisdictional challenge without hearing parties violates due process.