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

Dictum

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 the issues formulated by the appellant and the respondent. The excursion to other issues raised Suo motu, though uncalled for, does not spell fatality to the judgment since the proper issues were covered. That disposes of the 2nd issue.

— Obaseki, JSC. Saude v. Abdullahi (1989) – SC.197/1987

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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 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 laid down position of the law is that when an issue is raised suo motu the parties should be heard before a decision is reached on the issue… but there is an exception to this procedure. There would be no need to call on counsel to address the Court on an issue raised suo motu by the judge:
1. When the issue relates to the Court’s own jurisdiction;
2. When both parties are not aware or ignored a statute which may have bearing on the case; or
3. When on the face of the record serious questions of the fairness of the proceedings is evident.”

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WHERE A COURT RAISES AN ISSUE SUO MOTO

It is settled law that where a court raises an issue, suo motu it must afford the parties or their counsel the opportunity of addressing the court on the issue so raised so as to ensure that the rules of fair hearing are adhered to for the purpose of doing justice to the parties.

– Onnoghen JSC. Dalek v. OMPADEC (2007)

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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)

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