LEGAL PRINCIPLE: APPELLATE PRACTICE – Suo Motu Decision – When Court May Raise Issues Suo Motu – Duty to Invite Counsel
PRINCIPLE STATEMENT
Although an appeal court is entitled, in its discretion, to take points suo motu if it sees fit to do so, yet that discretion must be exercised sparingly and in exceptional circumstances only. Where the points are so taken the parties must be given the opportunity to address the appeal court before decision on the points is made by the appeal court.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Korede v. Adedokun & Anor (2001) NLC-411996(SC) at p. 8; Paras C–E.
"Although an appeal court is entitled, in its discretion, to take points suo motu if it sees fit to do so, yet that discretion must be exercised sparingly and in exceptional circumstances only. Where the points are so taken the parties must be given the opportunity to address the appeal court before decision on the points is made by the appeal court. See Kuti & Anor v. Jibowu & Anor (1972) 1 All NLR (Pt.11) p. 180 at p. 192, Salawu Ajao v. Karimu Ashiru & ors. (1973) 1 All NLR (Pt. 11) p. 51 at p. 63; Atanda & Anor v. Lakanmi (1974) 1 All NLR (Pt. 1) p. 168 at p. 178."
EXPLANATION / SCOPE
An appellate court may raise points on its own motion (suo motu), but this discretion must be exercised sparingly and only in exceptional circumstances. When the court takes such points, it must give the parties an opportunity to address the court before deciding them. The principle balances judicial efficiency with fair hearing. The court cannot raise a point suo motu and resolve it without hearing counsel—that would violate procedural fairness. The parties may have arguments that could affect the court’s decision. The exception for jurisdictional issues still requires hearing parties. The sparing use ensures that the court does not become an advocate for either party. The duty to invite counsel is absolute.
