PARTIES MUST ADDRESS ON ISSUE RAISED SUO MOTO

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)

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 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

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 the case by joining either as plaintiff or defendants all the persons who may be entitled to, or who claim some share or interest in the subject-matter of the suit, or who may be likely to be affected by the results if these had not already been made parties. This joinder by the Court suo motu can be done at any state of the proceedings.

– Oputa, JSC. Green v. Green (1987)

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)

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 a hearing when a Judge raises an issue on his own motion or suo motu would not be necessary if: (a) the issue relates to the court’s own jurisdiction. (b) both parties are/were aware or ignored a statute which may have a bearing on the case. That is to say where by virtue of statutory provision the Judge is expected to take judicial notice. See Section 73 of the Evidence Act. (c) when on the face of the record serious questions of the fairness of the proceedings is evidence.”