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COURT CAN APPLY RELEVANT LAW SUO MOTO

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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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suo moto

IT MUST BE SHOWN THAT SUO MOTO ISSUES RAISED AFFECTED THE RIGHT OF THE PARTY COMPLAINING

Looking at the judgment, I observe that although the learned Justice has dealt with issues that never arose from the grounds argued, he adverted to the issues formulated by counsel. He set out the submissions of counsel after stating the facts in detail. The learned Justice, however, under the issues formulated by him, dealt with...

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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...

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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) Was this dictum helpful? Yes 0 No 0...

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TRIAL COURT CAN SUO MOTO JOIN PARTY IN THE SUIT

But when the suit has been filed the trial judge becomes dominus litis and then assumes, under Order IV Rule 5(1) of the High Court Rules, Cap 61 of the Laws of Eastern Nigeria 1963 still operative in the Rivers State, the duty and responsibility to ensure that the proceedings accord with the justice of...

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A JUDGE CANNOT RAISE AN ISSUE OF FACT SUO MOTO

It is accepted that in our adversary system of the administration of Justice, where the Judge is at all times expected to play the role of an unbiased umpire, he cannot raise any issues of facts suo motu, and proceed to decide the matter on such issues without hearing the parties – See Kuti v....

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CIRCUMSTANCES A COURT OF LAW WILL DECIDE AN ISSUE SUO MOTO

In addition, a court can take an issue and decide on it suo motu in the circumstances stated in the case of Blessing Toyin Omokuwajo V. Federal Republic of Nigeria (FRN) (2013) 9 NWLR (pt. 1359) 300 at 332 per the illuminating judgment prepared by Rhodes – Vivour, J.S.C., thus- “The need to give parties...

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