LEGAL PRINCIPLE: APPELLATE PRACTICE — Standard of Review — Raising Issues Suo Motu — Duty of Court to Hear Parties
PRINCIPLE STATEMENT
On no account should a court raise a point suo motu, no matter how clear it may appear, and proceed to resolve it without giving the parties an opportunity to be heard, particularly the party that may suffer. Doing so breaches the right to fair hearing.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ezeanya v. Okeke (1995) NLC-2651988(SC) at pp. 33–34; Paras. D–A.
"It cannot be over-emphasized and this court has repeatedly warned against decisions of court being founded on any ground in respect of which it has neither received argument from or on behalf of the litigants before it, nor even raised by or for the parties or either of them. On no account should a court 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 giving the parties an opportunity to be heard on the point, particularly the party that may suffer as a result of the point so raised suo motu. If it does so, it will be in breach of the parties' right to fair hearing."
EXPLANATION / SCOPE
Courts cannot decide unargued issues without hearing parties. Raising a point suo motu requires giving parties an opportunity to address it. Failure to do so violates fair hearing. The principle applies to all courts. The court may raise jurisdictional issues but must hear parties. The rule prevents surprise and ensures fairness. The decision is void if the court fails to hear parties. The principle is fundamental to natural justice.