LEGAL PRINCIPLE: APPELLATE PRACTICE – Raising Issues Suo Motu – Parties Must Be Heard Before Decision
PRINCIPLE STATEMENT
An appellate court should not ordinarily raise issues suo motu that the parties did not raise; if it does so, no decision should be based on such issues unless the parties or their counsel are afforded the opportunity to be heard.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Umaru v. Abdul-Mutallabi (1998) NLC-371992(SC) at pp. 11–12; Paras B–D.
"An appellate court should not ordinarily suo motu raise an issue or issues which the parties do not raise, but if so raised, no decision should be based on the same unless the parties or their counsel are afforded the opportunity of being heard."
EXPLANATION / SCOPE
An appellate court may raise issues on its own motion, but must give parties an opportunity to be heard before deciding. Failure to do so violates fair hearing. The principle ensures that parties are not taken by surprise. The court cannot base its decision on unargued issues. The rule applies to all appellate courts. The court may invite counsel to address the point. The exception is for jurisdictional issues, but even then, parties should be heard. The principle protects the right to fair hearing.