LEGAL PRINCIPLE: APPELLATE PRACTICE — Suo Motu Decision — Power of Appellate Court to Raise Points Suo Motu — Procedural Requirement for Hearing Parties Before Making Order Not Sought
PRINCIPLE STATEMENT
An appellate court may raise points suo motu in exceptional circumstances, but must give parties the opportunity to address the court before making a decision on such points.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Adeleke v. Raji & Anor (2002) NLC-551996(SC) at p. 8; Paras A–C.
"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."
EXPLANATION / SCOPE
An appellate court may raise points on its own motion, but this power is exercised sparingly and only in exceptional circumstances. The court must give parties the opportunity to address the point before deciding. Failure to do so violates fair hearing. The principle applies to all suo motu points, even if they appear clear. The parties may have arguments that could affect the court’s conclusion. The rule prevents decisions based on unargued issues. The court may invite counsel to address the point. The exception is for jurisdictional issues, but even then, parties should be heard. The principle ensures procedural fairness.