LEGAL PRINCIPLE: APPELLATE PRACTICE — Suo Motu Issue of Law — Duty to Afford Parties Hearing
PRINCIPLE STATEMENT
Courts are entitled to raise any issue of law relating to any matter before them, but the parties must be given the opportunity to address the court before the court reaches any decision on the issue so raised.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Jatau v. Ahmed & Ors (2003) NLC-1491998(SC) at p. 5; Paras B–D.
"Courts of law are entitled to raise any issue of law in relation to any matter before it, but the parties to the case must be given the opportunity to address the court on the issue before the court reaches any decision on the issue so raised."
EXPLANATION / SCOPE
Courts may raise issues suo motu, but parties must be heard. The principle applies to all courts. Failure to hear parties violates fair hearing. The rule protects procedural fairness. The court may invite counsel to address the issue. The principle is fundamental.