CIVIL PROCEDURE — Jurisdiction — Raising Issues Suo Motu — Duty to Give Parties Opportunity to Address Court
Ratio Decidendi
Per Muhammad, JSC, in Dairo v. Union Bank of Nigeria Plc & Anor (2007) NLC-123-187-2002(SC) at p. 16; Paras D–E:
"The law is quite settled that where a court raises issues suo motu, the parties should be given equal opportunity to address the court on such issues. Failure to do so will render the proceedings of that court, however well conducted, a nullity."
Explanation / Scope
The principle of fair hearing requires that parties be heard on all issues that will determine their rights. When a court introduces an issue not raised by the parties, it must invite submissions from both sides. This applies to issues of jurisdiction, procedure, or substantive law. The failure to do so is a fundamental breach that vitiates the proceedings, regardless of the correctness of the court’s conclusion, because it denies the parties their constitutional right to be heard.