LEGAL PRINCIPLE: APPELLATE PRACTICE — Issue Raised Suo Motu by Court — Fresh Point Requiring Leave
PRINCIPLE STATEMENT
Leave is required to file and argue any fresh point not canvassed in a lower court. However, where the issue is raised by the Court of Appeal itself, the question of exercising discretion to grant or refuse leave does not arise.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Jatau v. Ahmed & Ors (2003) NLC-1491998(SC) at pp. 5–6; Paras E–A.
"It is now trite law that leave is required to file and argue any fresh point not canvassed in a lower court if it is to be considered in the appellate court and the court has a discretion to grant or refuse such leave. ... where the issue was raised by the Court of Appeal itself, the question of the exercise of a discretion to grant or refuse leave to argue the issue did not arise."
EXPLANATION / SCOPE
A fresh point raised by the court suo motu does not require leave. The principle applies to appellate practice. The court may raise issues on its own motion. The rule promotes judicial efficiency. However, parties must be heard before decision. The principle is well-established.