LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Court Raising Issue Suo Motu — Requirement of Audi Alteram Partem
PRINCIPLE STATEMENT
On no account should a court raise a point suo motu, however clear it may appear, and then proceed to resolve it without inviting the parties to address it. Doing so is a flagrant breach of the right to fair hearing.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in State v. Oladimeji (2003) NLC-162002(SC) at p. 11; Paras B–C.
"On no account should a court raise a point suo motu, no matter how clear it may appear to be, and then proceed to resolve it one way or the other without inviting the parties to address it on such a point. If it does so, it will be in flagrant breach of the parties' right to fair hearing."
EXPLANATION / SCOPE
Suo motu points require hearing parties. The principle applies to all courts. The rule is absolute. Failure to hear parties violates fair hearing. The court must invite submissions. The principle is fundamental to natural justice.
