LEGAL PRINCIPLE: CIVIL PROCEDURE — Judicial Pronouncements — Court Must Not Declare Custom Repugnant Suo Motu Without Hearing Parties
PRINCIPLE STATEMENT
A binding judicial declaration must derive from established principles of law. There must be a cause upon which the declaration is founded. Issues must be joined by the parties, and they should be heard. If the issue is raised suo motu, the parties should be invited to address it.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Mojekwu v. Iwuchukwu (2004) NLC-112000(SC) at p. 12; Paras C–E.
"A binding judicial declaration or pronouncement must derive from relevant established principles of the rule of law. There must be a cause upon which such a declaration or pronouncement is founded. There ought to be a relief tied to that cause which must be reasonably necessary or relevant for reaching a decision in the cause ... Issues must be joined by the parties and they should be heard upon those issues by the court; or when the issue is raised suo motu, the parties should be invited by the court to address on it."
EXPLANATION / SCOPE
A court cannot declare a custom repugnant without hearing the parties on the issue. The principle applies to customary law. The court must not raise the issue suo motu without inviting submissions. The rule ensures fair hearing. The parties must have notice. The principle is fundamental.