EXCEPTIONS TO COUNSEL ADDRESSING ON SUO MOTO ISSUES

To raise an issue suo motu means that a Judge raised the issue which was not raised or which was not in contemplation of the parties. It is the law, that when raising an issue suo motu, the Judge should afford counsel or parties, an opportunity to address on it, before he can decide on it, especially the party that would be adversely affected by the issue. This is because, issue of fair hearing is thus involved – KUTI v. BALOGUN (1989) 1 NWLR (PT. 99) 566. However, there are exceptions to this law. Where (a) the issue relates to the jurisdiction of the Court, then it is not mandatory for the Judge to hear the parties on it; (b) when both parties ignored or were unaware of a statute which has a bearing on the case; (c) when the record ex facie, shows or discloses serious questions of the fairness of the proceedings.

– Yahaya, JCA. Petroleum Resources v. SPDC (2021)

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SUO MOTO; COURT SHOULD NOT SHUT OUT PARTIES

While the Court as master of the law and its Rules are bound to consider all issues based on facts and relevant law in reaching justice in a matter before it, it must not shut out the parties who initiated the process in the first place and owner of the cause or matter in making the decision which effect would impact on the parties.

– M. Peter-Odili JSC. Adegbanke v. Ojelabi (2021)

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RATIONALE BEHIND NOT RULING ON ISSUE RAISED SUO MOTO

The law, as I understand it, is that when a court, for any compelling reason finds it necessary, and particularly in the interest of justice, to raise a point or issue suo motu, the parties must be given an opportunity to be heard on such a point or issue, particularly the party that would be prejudiced as a result of the point raised without the prompting of any of the litigants in the case, Adegoke v. Adibi (1992) 5 NWLR (pt.242) 410; Atanda v. Lakanmi (1974) 3 SC 109; Odiose v Agho (1972) 3 SC 71; Kraus T. Org. Ltd v UNICAL (2004) 25 WRN 1, 17. The rationale for this inflexible rule is that it is not competent for any court to make a case for either or both of the parties suo motu and then proceed to give judgment in the case so formulated contrary to the case of the parties before it, Adeniji v Adeniji (1972) 4 SC 10; Commissioner for Works, Benue State and Anor v Devcom Development Society Ltd (1988) 3 NWLR (pt 83) 407; NHDS Ltd Anor v. Mumuni (1977) 2 SC 57; (1977) NSCC65. The rule that has crystallised from this position is that when an issue is not placed before a court, such a court has no business whatsoever to deal with it. This is because decisions of a court of law must not be founded on any ground in respect of which it has neither received argument from or on behalf of the parties before it nor even raised by or for the parties or either of them, Shitta Bey v. FPSC (1981) 1 SC 40; Saude v. Abdullahi (1989) 4 NWLR (pt 116) 387; Kraus T. Org. Ltd v. UNICAL (supra) 16-17. This rule is so fundamental that its abuse has been characterised as a flagrant breach of the aggrieved party’s right to fair hearing as entrenched in the Constitution, Oje v Babalola (1991) 4 NWLR (pt 185) 267; Ugo v Obiekwe (1989) 1 NWLR (pt 99) 566: a breach that amounts to a miscarriage of justice, Owoso v Sunmonu (2004) 30 WRN 93, 106-107. That is, failure of justice, Ojo v Anibire (2004) 5 KLR (pt 177) 1205, 1207 or justice which is not according to law, Wilson v Wilson (1969) ALR 191 approvingly adopted in Ojo v Anibire (supra) 1214. Such a flagrant breach must, therefore, not be allowed to desecrate the precincts of the hallowed temple of justice. As such, the proceedings resulting from such an exercise, no matter how brilliantly conducted, must be vacated as a travesty of justice, Owoso v Sunmonu (supra).

— C.C. Nweze, JCA. Ayorinde v Ayorinde (2010) – CA/IL/45/2008

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A TRIAL JUDGE MAY EXPUNGE DOCUMENT SUO MOTO

The law is elementary that a trial Judge has the right to expunge from the record a document which he wrongly or wrongfully admitted. He can do so suo motu at the point of writing judgment. He needs no prompting from any of the parties, although a party is free to call his attention to the document at the stage of address. Where a trial Judge is wrong in expunging a document, the appellate process will correct it and so an argument that the Judge ought to have expunged the document suo motu at the stage of writing judgment, will not avail the party wronged. After all, it is better for a Judge to expunge suo motu a document which is clearly inadmissible under the Evidence Act than allow it to be on the record to give headache to the appellate court. As the appellate court has the competence to expunge it from the record, why not the trial Judge?

– Niki Tobi, JSC. Brossette v. Ilemobola (2007)

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COURT CAN APPLY RELEVANT LAW SUO MOTO

In the case of Galadima v. Tambai the court while upholding the power of the court to take notice of and apply all relevant laws or enactments including subsidiary legislation, it added that the court can even do so without calling on both counsel to address it before doing so.

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PARTIES MUST ADDRESS ON ISSUE RAISED SUO MOTO

It is wrong for an appellate court to raise an issue suo motu and determine the issue without giving the parties or their counsel the opportunity to argue the point.

– Adio, JSC. UBN v. Ozigi (1994)

CIRCUMSTANCES A COURT OF LAW WILL DECIDE AN ISSUE SUO MOTO

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EXCEPTIONS TO COUNSEL ADDRESSING ON SUO MOTO ISSUES

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SUO MOTO; COURT SHOULD NOT SHUT OUT PARTIES

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RATIONALE BEHIND NOT RULING ON ISSUE RAISED SUO MOTO

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A TRIAL JUDGE MAY EXPUNGE DOCUMENT SUO MOTO

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COURT CAN APPLY RELEVANT LAW SUO MOTO

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PARTIES MUST ADDRESS ON ISSUE RAISED SUO MOTO

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