LEGAL PRINCIPLE: APPELLATE PRACTICE – Raising Issues Suo Motu – Court Must Invite Parties to Address Before Decision
PRINCIPLE STATEMENT
Where an appellate court wishes to raise and determine a new issue suo motu that is fundamental to the determination of the appeal, it must invite the parties to address it on that issue before making a pronouncement. Failure to do so amounts to a denial of hearing and renders the pronouncement incompetent.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Irom v. Okimba (1998) NLC-181991(SC) at pp. 4–6; Paras A–E.
"Where an appellate court wishes to raise and determine a new issue suo motu, which is fundamental to the determination of the appeal, it is incumbent upon the court to invite the parties to address it on that issue before making a pronouncement thereon. Failure to do so amounts to a denial of hearing and renders the pronouncement incompetent."
EXPLANATION / SCOPE
An appellate court may raise new issues suo motu, but must give parties an opportunity to be heard. The principle protects the right to fair hearing. The court cannot decide a case on an issue not argued by the parties. The rule applies to all appellate courts. The court must invite counsel to address the issue. The exception is for jurisdictional issues, but even then, parties should be heard. The pronouncement made without hearing is incompetent and may be set aside. The principle is fundamental to natural justice.