LEGAL PRINCIPLE: APPELLATE PRACTICE – Raising Issue Suo Motu – Duty to Hear Parties
PRINCIPLE STATEMENT
Even when a court raises a point suo motu, the parties must be given an opportunity to be heard on the point, particularly the party that may suffer a loss as a result of the point raised suo motu.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Alli & Anor v. Alesinloye & Ors (2000) NLC-961994(SC) at p. 25; Paras C–D.
"Even when a court raises a point suo motu, the parties must be given an opportunity to be heard on the point, particularly the party that may suffer a loss as a result of the point raised suo motu."
EXPLANATION / SCOPE
If a court raises an issue on its own motion, it must afford parties—especially the party potentially prejudiced—the opportunity to be heard before resolving it. This procedural safeguard protects the constitutional right to fair hearing. Even where the point appears clear, parties may have submissions that could affect the court’s conclusion. Failure to invite argument on a suo motu issue renders the decision fundamentally flawed. The court may call counsel to address the point, but cannot decide it without such input. This ensures procedural fairness in judicial determinations.