LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Court Raising Issue Suo Motu — Court Must Not Make Case for Parties
PRINCIPLE STATEMENT
In the determination of disputes between parties, the court should confine itself to the issues raised by the parties. The court is not competent to suo motu make a case for either or both of the parties and then give judgment on that case.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in State v. Oladimeji (2003) NLC-162002(SC) at p. 4; Paras A–B.
"It is now trite law that in the determination of disputes between parties, the court should confine itself on the issues raised by the parties. The court is not competent to suo motu, make a case for either or both of the parties and then proceed to give judgment in the case so formulated contrary to the case of the parties before it."
EXPLANATION / SCOPE
Courts cannot make a case for parties. The principle applies to all courts. The parties define the issues. The rule ensures fair hearing and prevents surprise. The court cannot go outside the pleadings. The principle is fundamental.