LEGAL PRINCIPLE: CIVIL PROCEDURE – Court Raising Issues Suo Motu – Duty to Hear Parties
PRINCIPLE STATEMENT
When a court raises a point suo motu, the parties must be given an opportunity to be heard on the point, particularly the party that may suffer prejudice as a result of the point raised suo motu. Accordingly 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 giving the parties an opportunity to be heard.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Tinubu v. I.M.B. Securities Plc (2001) NLC-322001(SC) at p. 11; Paras A–C.
"When a court raises a point suo motu, the parties must be given an opportunity to be heard on the point, particularly the party that may suffer prejudice as a result of the point raised suo motu. Accordingly 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 giving the parties an opportunity to be heard."
EXPLANATION / SCOPE
When a court raises an issue on its own motion (suo motu), it must give parties opportunity to be heard—especially the party who may suffer prejudice. The court cannot raise and resolve a point without hearing parties, no matter how clear it appears. This protects constitutional fair hearing rights. The proper procedure is to raise the issue, invite submissions, then rule. Failure to do so renders the decision a nullity. The principle applies to all courts, trial and appellate. Even jurisdictional issues, which can be raised suo motu, require hearing before resolution. The rule ensures no decision is made without party input on determinative issues.
