LEGAL PRINCIPLE: CIVIL PROCEDURE – Fundamental Rights – Suo Motu Decision Without Hearing Parties
PRINCIPLE STATEMENT
It is settled law that on no account should a court of law raise a point suo motu, no matter how clear it may appear to be, and proceed to resolve it one way or the other without hearing the parties.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Abimbola v. Abatan (2001) NLC-2061994(SC) at p. 13; Paras A–B.
"It is settled law that on no account should a court of law raise a point suo motu, no matter how clear it may appear to be, and proceed to resolve it one way or the other without hearing the parties."
EXPLANATION / SCOPE
A court must not raise a point on its own motion (suo motu) and resolve it without hearing the parties—no matter how clear the point appears. This violates fair hearing. The proper procedure is to raise the issue and invite counsel to address it before ruling. The principle protects the right to be heard. Even jurisdictional issues, which can be raised suo motu, require that parties be given an opportunity to address them. The exception does not permit silent resolution. The court cannot assume what the parties would have argued. Any decision reached without hearing parties on a suo motu point is liable to be set aside. The principle is absolute.
