LEGAL PRINCIPLE: APPELLATE PRACTICE — Issue Formulation — Court Raising Issue Suo Motu — Obligation to Hear Parties Before Deciding
PRINCIPLE STATEMENT
Courts have the power to raise suo motu relevant issues not before the court for determination of the case. However, the court must adhere strictly to natural justice and the audi alteram partem rule. A court should not raise a point suo motu and resolve it without inviting the parties to address it. Doing so is a flagrant abuse and breach of the aggrieved party's right to fair hearing.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Kraus Thompson Organisation Ltd v. University of Calabar (2004) NLC-1272000(SC) at pp. 8–9; Paras E–B.
"There can be no doubt that courts of law have the power to raise suo motu relevant issue or issues which are not before the court for the determination of the case. In exercising this power, however, the court must adhere strictly to the principles of natural justice and in particular, to the audi alteram partem rule. Accordingly, the law is also well settled that on no account should a court raise a point or issue suo motu no matter how clear it may appear to be, and then proceed to resolve it one way or the other without inviting the parties to address it on the point. If it does so, it will be in flagrant abuse and breach of the aggrieved party's right to fair hearing as entrenched in the Constitution."
EXPLANATION / SCOPE
Courts may raise issues suo motu but must hear both parties before resolving them. Failure to invite parties to address the issue breaches fair hearing. The principle applies to all courts and proceedings. The right to fair hearing requires that parties be heard on any issue the court intends to decide. The rule prevents surprise decisions based on unargued points. The court cannot resolve a suo motu issue without giving parties opportunity to address it.