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A TRIAL JUDGE MAY EXPUNGE DOCUMENT SUO MOTO

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Dictum

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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OBJECTION TO SPECIFIED DOCUMENT

An objection to one specified document cannot be taken as an objection to another document bearing a totally different date. – Obaseki, JSC. Obiora v. Osele (1989) – SC.70/1987

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FACTS SHOULD NOT BE IMPORTED TO A DOCUMENT

In the construction of the contents of a document a court is bound to look at the words used therein and not import facts not stated in the document except where reference is made to another document. – Nwodo, JCA. OLAM v. Intercontinental Bank (2009)

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THE MERE REGISTRATION OF A DOCUMENT DOES NOT IPSO FACTO GIVES POWER TO IT

Thus, mere possession of a Power of Attorney does not tantamount to valid title to the land. I am not discounting the fact that the said Exhibit P1 was registered as No. 3 on Page 3 in Volume 221 of the Lands Registry in Awka. However, the registration of a document does not confer any legitimacy or validity to it if it had no power to convey anything ab initio. See Akpene v. Barclays Bank (1977) NSCC (Vol. II) 29 at 36; Rockonoh Property v. Nitel (2001) 7 SCNJ 225 at 248-250.

— H.M. Ogunwumiju JCA. Osakwe V. Nwokedi & Anor. (CA/E/168/2014, 13 July 2018)

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ORAL EVIDENCE CANNOT CONTRADICT DOCUMENTARY EVIDENCE

Having regard to the provisions of section 132(1) of the Evidence Act, oral evidence cannot be admitted to contradict, alter, add to or vary a contract or document unless such evidence falls within any of the matters that may be proved by such oral evidence by virtue of the provisos thereto. The provisos only permit evidence which will not be inconsistent with the terms of the relevant contract or document.

– Uwaifo JSC. Fortune v. Pegasus (2004)

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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. Balogun (1978) 1 LRN. 353, Atanda and Anor. v. Lakanrni (1974) 1 All NLR, (Pt.l) 168, Odiase and dnor v. Agho and Ors. (1972) 1 All NLR. (Pt.1) 170. The judgment must be confined to the issues of facts raised by the parties, – See Ochonrna v. Unosi (1965) NMLR 321. I am not aware of the extension of this principle to the application of the law relevant to the determination of the issue before the Court. In my opinion as long as the issues on which the judgment is based are findings of facts arising from the pleadings and evidence before the Court, the fact that the court has in the determination of the issues applied principles of law not cited by learned counsel, will not affect the decision. This has always been the accepted law.

– Karibe-Whyte, JSC. Finnih v. Imade (1992)

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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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