LEGAL PRINCIPLE: APPELLATE PRACTICE — Issues for Determination — When Appellate Court May Take Points Suo Motu
PRINCIPLE STATEMENT
An appellate court may take points suo motu, but this discretion must be exercised sparingly and in exceptional circumstances only, and parties must be given the opportunity to address the court before decision.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC (quoting earlier Supreme Court decisions), in Comptroller, Nigerian Prisons Services & Ors v. Adekanye & Ors (2002) NLC-1841999(SC) at p. 24; Paras A–B.
"This court has said on a number of occasions that 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
Appellate courts have discretion to raise points suo motu, but it must be exercised sparingly and in exceptional circumstances. The court must give parties an opportunity to address the point before deciding. Failure to do so violates fair hearing. The principle applies to all issues except jurisdiction (where parties must still be heard). The court will not use suo motu powers to ambush parties. The rule ensures procedural fairness. The court may invite counsel to make submissions. The discretion is not unlimited. The court should not introduce new issues that fundamentally alter the case. The principle balances judicial efficiency with fair hearing.