Lawbreed BlogLawbreed Blog
  • Home
  • News Update
  • Legal Updates
  • Free Legal Resources
  • Law News
  • More
    • Legal Articles & Commentaries
    • Recent Events
    • Promotions
    • About Us
    • S.C Report Online
    • S.C Report Printed Editions
Facebook Twitter Instagram YouTube LinkedIn WhatsApp
Facebook Twitter Instagram YouTube LinkedIn WhatsApp
Lawbreed BlogLawbreed Blog
  • Home
  • News Update

    Fuel scarcity: NNPC says 64.42 million liters of fuel were evacuated daily between January 28 to February 3

    February 6, 2023

    Fuel Scarcity: NNPCL Signs $741M Deal To Rehabilitate Kaduna Refinery

    February 6, 2023

    Ebonyi: CITN inducts first female Chairman

    January 28, 2023

    Appeal Court annuls Benue APC guber primary, orders rerun in 14 days

    January 23, 2023

    Buhari in Lagos to commission Lekki deep seaport, other projects

    January 23, 2023
  • Legal Updates

    Abia Assembly Passes Bill Allowing Female Children Share in Parent’s Inheritance

    November 25, 2022

    Industrial court issues new Practice Directions on labour matters

    October 6, 2022

    Step By Step Guide on how to register a ship in Nigeria

    September 8, 2022

    Buhari Swears In Ariwoola As Acting Chief Justice Of Nigeria

    June 27, 2022

    Supreme Court of Nigeria on punishment for Blasphemy in Islam: See – SHALLA v. THE STATE (2007) 7-10 S.C. 107

    May 16, 2022
  • Free Legal Resources

    [DOWNLOAD]: Judgement Of Osun State Governorship Election Petition Tribunal Sacking Adeleke As Governor

    January 28, 2023

    DOWNLOAD: Supreme Court of Kenya Presidential Election Petition Judgment

    September 6, 2022

    Ross McKenzie Kirkpatrick v. The Queen (Download Judgment)

    August 3, 2022

    [DOWNLOAD JUDGMENT] PDP v. INEC, APC, Umahi & Kelechi Igwe

    March 11, 2022

    Malabu Oil Saga, London court grants Nigeria leave to amend pleadings [Download Judgment]

    January 25, 2022
  • Law News

    Ondo pastor lands in court after faking own obituary to avoid debt payment

    February 5, 2023

    [DOWNLOAD]: Judgement Of Osun State Governorship Election Petition Tribunal Sacking Adeleke As Governor

    January 28, 2023

    BREAKING: Tribunal annuls Adeleke’s election, declares Oyetola Osun gov

    January 27, 2023

    Nigeria begins bid to overturn $11bn P&ID debt | Trial to last eight weeks

    January 23, 2023

    Lawyers walk out in Ararume’s suit challenging sack from NNPC

    January 23, 2023
  • More
    • Legal Articles & Commentaries
    • Recent Events
    • Promotions
    • About Us
    • S.C Report Online
    • S.C Report Printed Editions
Lawbreed BlogLawbreed Blog
Lawbreed Blog » When is it valid for a court to raise an issue Suo Motu and revolve it without hearing parties?
Legal Updates

When is it valid for a court to raise an issue Suo Motu and revolve it without hearing parties?

Lawbreed LimitedBy Lawbreed LimitedMarch 20, 2020Updated:July 23, 2020No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email

When is it valid for a court to raise an issue Suo Motu and revolve it without hearing parties ?

CASE CITATION: HON. POLYCARP EFFIOM & 3 ORS. v. CROSS RIVER STATE INDEPENDENT ELECTORAL COMMISSION (CROSIEC) & ANOR. (2010) 4-7 S.C. (Pt. I) 32

 DATE OF JUDGMENT: 21ST DAY OF MAY, 2010

 COURT: SUPREME COURT

SUIT:  SC. 289/2008

 CORAM:     

  • DAHIRU MUSDAPHER (Presided)
  • WALTER S. N. ONNOGHEN
  • FRANCIS F. TABAI (Delivered the Leading Judgment)
  • JOHN A. FABIYI
  • OLUFUNLOLA O. ADEKEYE

ISSUE(S):   COURT RAISING AN ISSUE SUO MOTU AND DECIDING IT, WITHOUT AFFORDING PARTIES A HEARING – WHEN MAY BE VALID

CASE SYNTHESIS

“On the Issue of whether it was proper for the Court below to raise the Issue of locus standi of the Appellants suo motu and determine same without hearing from the parties, it has long been settled that no Court is entitled to do so. The elementary principle is that it is wrong for a Court to raise any Issue of fact suo motu and decide upon it, without giving the parties an opportunity to be heard on it.

This is so because the Court is bound by and therefore confined  to  the  Issues  raised  by  the  parties.  Where however the Court raises an Issue suo motu which it considers material for the proper determination of the case, it must give parties, particularly the party likely to be adversely affected by the Issue, the opportunity to be heard. See Ajuwon v. Akani (1993) 9 NWLR (Pt. 316) 182 at 190; Ajao v. Ashiru (1973) 11 S.C. 23 at 39-40; (1973) 11 S.C. (Reprint) 17;   Atanda v. Lakanmi (1974) 3 S.C. 109; (1974) 3 S.C. (Reprint) 80;  Kuti v. Jibowu (1972) 6 S.C. (Reprint) 84; (1972) 1 All NLR (Pt. II) 180; R.T.E.A.N v. N.U.R.T.W (1992) 2 NWLR (Pt. 224) 381; Finnih v. Imade  (1992) 1 NWLR (Pt. 219) 511 at 537.

While the Court has a duty to give the parties the opportunity to be heard on any Issue it raises suo motu a failure to do so does not necessarily lead to a reversal of its decision. To warrant an Appellate Court’s reversal of the decision, the Appellant must go further to show that the failure to hear him on the point occasioned some Miscarriage of Justice. See Imah v. Okogbe (1993) 9 NWLR  (Pt. 316) 159 at 178; Oludode v. Salami (1985) 2 NWLR (Pt. 7) 282.

As I indicated above, this principle that the Court ought not to raise an Issue suo motu and decide upon it without hearing from the parties applies mainly to Issues of fact. In some special circumstances the Court can raise an Issue of law or Jurisdiction suo motu and without hearing the parties decide upon it. Tukur v. Government of Gongola  State  (1989)  9 S.C.  1; (1989)  4 NWLR  (Pt. 117) 517, is instructive on this point. In that case although the Issue of venue was not raised and argued by the parties in their Briefs, it being an Issue of Jurisdiction was taken by the Court.

In the instant case therefore, the Court below would be at liberty to raise the Issue of locus standi of the Appellants if such an Issue was relevant to the proper determination of the case. It is to be noted however that the Issue of the locus standi of the Plaintiffs/Appellants was raised at the Trial Court and effectively determined therein in favour of the Appellants. The Respondent did not Appeal against it and so it was not an Issue before the Court below. It was irrelevant and so the Court’s deliberation on it was an exercise in futility. It is not surprising therefore that the Appellants have not shown in any way that they suffered any  Miscarriage  of  Justice  by  the  lower  Court’s deliberation on the Issue of their locus standi. Accordingly this Issue is also resolved against the Appellants.”

HON. POLYCARP EFFIOM & 3 ORS. v. CROSS RIVER STATE INDEPENDENT ELECTORAL COMMISSION (CROSIEC) & ANOR. (2010) 4-7 S.C. (Pt. I) 32 @ 64-66 Para 25-5

 

 

[mks_button size=”medium” title=”Click Here to Read Full Judgment” style=”rounded” url=”https://www.lawbreed.com/site/search-for-case/?case_ref=485″ target=”_self” bg_color=”#000000″ txt_color=”#FFFFFF” icon=”” icon_type=”” nofollow=”0″]

Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Lawbreed Limited
  • Website
  • Facebook
  • Twitter
  • Instagram
  • LinkedIn

Publishers of Judgments of The Supreme Court of Nigeria (S.C Report) - on the Authority of the Supreme Court of Nigeria

Related Posts

Abia Assembly Passes Bill Allowing Female Children Share in Parent’s Inheritance

November 25, 2022

Industrial court issues new Practice Directions on labour matters

October 6, 2022

Step By Step Guide on how to register a ship in Nigeria

September 8, 2022

Leave A Reply Cancel Reply

Like Our Page
Lawbreed Limited
DARK HEARTS by Layi Babatunde, SAN – CLICK TO BUY
DARK HEART BY LAYI BABATUNDE, SAN
Top Posts

The Federal High Court (Federal Inland Revenue Service) Practice Directions, 2021 and Questions of (Dis)Respect for Rule of Law, Human Rights and Access to Justice

June 15, 2021

Chinese Business Leaders Call for International Cooperation

January 4, 2020

Covid Vaccines Not Linked to Deaths, Major US Study Finds

January 5, 2020

U.S. Senate passes $1.5 trillion gov’t funding bill with Ukraine

January 6, 2020
QUALITY BOOKS & LAW REPORTS BREEDS QUALITY PRACTICE
https://lawbreed.blog/wp-content/uploads/2020/10/Law-Breed_x264.mp4
Don't Miss
Business & Tax Information

British Petroleum says future of global energy will follow these four trends

By Lawbreed LimitedFebruary 6, 2023

In its January Energy Outlook, British Petroleum (BP) highlighted the four trends it believes will determine the…

Fuel scarcity: NNPC says 64.42 million liters of fuel were evacuated daily between January 28 to February 3

February 6, 2023

Fuel Scarcity: NNPCL Signs $741M Deal To Rehabilitate Kaduna Refinery

February 6, 2023

Ondo pastor lands in court after faking own obituary to avoid debt payment

February 5, 2023

[DOWNLOAD]: Judgement Of Osun State Governorship Election Petition Tribunal Sacking Adeleke As Governor

January 28, 2023
Stay In Touch
  • Facebook
  • Twitter
  • Pinterest
  • Instagram
  • YouTube
  • Vimeo
Supreme Court Report Online (My S.C Extra)
s.c online
About Us
About Us

Lawbreed Blog is owned by Lawbreed Limited, a full fledged Law publishing and marketing Private Limited Liability Company, incorporated under the Laws of the Federal Republic of Nigeria.

Email Us: mails@lawbreed.com
Contact: +2348077011730

Facebook Twitter Instagram YouTube LinkedIn WhatsApp
Tags
1999 constitution of FRN 2023 Election Akpata AMCON APC Bandits bolt Buhari CBN Coronar Covid crime e-Naira Facebook feat featured FIDA FIRS Fraud ICPC Judgements of the Supreme Court of Nigeria Labour Party Lawbreed Momo Bank Multichoice NBA NICArb NICN NJC NNPC oransaye Owo massacre PDP practice directions SAN Sanusi Shar'iah Supreme Court Report Sylvester Tax Top News Twitter VAT Video voluntary association
Most Popular

The Federal High Court (Federal Inland Revenue Service) Practice Directions, 2021 and Questions of (Dis)Respect for Rule of Law, Human Rights and Access to Justice

June 15, 2021

Chinese Business Leaders Call for International Cooperation

January 4, 2020

Covid Vaccines Not Linked to Deaths, Major US Study Finds

January 5, 2020
© 2023 Lawbreed.blog. Powered by Lawbreed Ltd.
  • Home
  • About Us
  • Contact Us
  • Privacy Policy
  • S.C Report Online
  • Our Publications
  • Lawyers Directory

Type above and press Enter to search. Press Esc to cancel.