LEGAL PRINCIPLE: APPELLATE PRACTICE — Standard of Review — Court Raising Issues Suo Motu — Duty to Hear Parties
PRINCIPLE STATEMENT
The law is well settled that on no account should a court raise a point suo motu, no matter how clear it may appear to be, and proceed to resolve it one way or the other without hearing the parties. If it does so, it will be in breach of the party's right to fair hearing.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC Oshodi v. Eyifunmi (2000) NLC-531995(SC) at pp. 33–34; Paras. D–A.
"The law is well settled that on no account should a court raise a point suo motu, no matter how clear it may appear to be, and proceed to resolve it one way or the other without hearing the parties. If it does so, it will be in breach of the party's right to fair hearing."
EXPLANATION / SCOPE
A court must not raise and resolve a point on its own motion (suo motu) without affording the parties an opportunity to be heard. Even if the point appears clear and decisive, parties must be given the chance to make submissions on it. Failure to do so violates the constitutional right to fair hearing. The proper procedure is to invite counsel to address the point before ruling. This ensures procedural fairness and prevents decisions based on unargued issues. Any judgment founded on a suo motu point without hearing parties is liable to be set aside on appeal.