LEGAL PRINCIPLE: APPELLATE PRACTICE — Raising Points Suo Motu — Court Must Afford Parties Opportunity to Be Heard
PRINCIPLE STATEMENT
An appellate court may take points suo motu in exceptional circumstances, but this discretion must be exercised sparingly. Where points are so taken, the parties must be given the opportunity to address the court before a decision is made. For a decision to be set aside because it considered extraneous matters, it must be shown that those extraneous matters influenced the decision.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Ibori v. Agbi & Ors (2004) NLC-972003(SC) at pp. 25–26; Paras D–B.
"This court has said on a number of occasions that although an appeal court is entitled, in its discretion, to take points suo motu if it sees fit to do so, yet that discretion must be exercised sparingly and in exceptional circumstances only. Where the points are so taken the parties must be given the opportunity to address the Appeal Court before decision on the points is made by the Appeal Court... It follows perforce, that where counsel would wish to have a decision of the court below set aside because it considered extraneous matters, it must be shown that the said extraneous matters influenced the decision of the court."
EXPLANATION / SCOPE
Suo motu points require hearing parties before decision. The principle applies to appellate practice. The discretion is exercised sparingly. The rule protects fair hearing. The appellant must show that extraneous matters influenced the decision. The principle is well-established.