LEGAL PRINCIPLE: APPELLATE PRACTICE — Standard of Review — Court of Appeal — Raising Issues Suo Motu — Duty to Hear Parties
PRINCIPLE STATEMENT
The Court of Appeal has no business dealing with any issue not placed before it. If it decides to raise a point suo motu in the interest of justice, it must invite the parties, particularly the party adversely affected, to address it on the point before basing its decision thereupon. Failure to do so amounts to denial of fair hearing and renders the decision void.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Provisional Liquidator of Tapp Industries Limited v. Tapp Industries Limited (1995) NLC-2281991(SC) at pp. 38–39; Paras. D–A.
"The Court of Appeal has no business whatsoever to deal with any issue that is not placed before it. Where, however, the Court of Appeal in the interest of justice decides to raise a point suo motu, it must invite the parties, particularly the party that may be adversely affected as a result of the point raised suo motu, to address it on such a point before basing its decision thereupon. Failure to do so amounts to a denial of fair hearing and renders the decision void."
EXPLANATION / SCOPE
An appellate court may raise issues suo motu but must hear the parties before deciding. Failure to do so violates fair hearing. The principle applies to all appellate courts. The court cannot ambush parties with unargued points. The rule is an exception to the general principle that courts decide only raised issues. The court must give the affected party an opportunity to respond. The decision is void if the court fails to hear the parties.