STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

COURT CAN APPLY RELEVANT LAW SUO MOTO

Reach more audience. Place advert here.

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.

Was this dictum helpful?

SHARE ON

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...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

CAN A COURT RAISE AN ISSUE SUO MOTO?

Succinctly put, can a judge raise an issue suo motu, and determine same without calling on the parties to address him? AGU, JSC (as he then was) in OJE v. BABALOLA (1991) 4 NWLR (Pt.185) 267 at 280, paragraph E-G held that: “there are occasions where a court may feel that a point which has...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

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...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

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...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

COURT SHOULD NOT RAISE AND DECIDE ISSUES SUO MOTO

In regard to the second issue, that is, as to the court’s action in formulating its own issues suo motu and without calling upon learned counsel to address him, this court has always frowned upon a Court of Appeal arrogating to itself determination of issues that were not placed before it. The Court of Appeal...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

EXCEPTIONS TO AN ISSUE RAISED SUO MOTO

In Gbagbarigha vs Toruemi (2013) 6 NWLR (Pt.1350) 289 at 310, paragraphs C-G as follows: “When a Judge raises an issue on his own motion, or raises an issue not in contemplation of the parties; or an issue not before the Court, the Court is said to have raised the issue suo motu. The well...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

No more related dictum to show.