“More often than not, courts are being accused of raising issues suo motu and deciding on same without inviting the parties to address it on the matter. But at what instance will a court be properly accused of raising an issue suo motu? This question was answered by this court in Mathew Okechukwu Enelewe v International Merchant Bank of Nigeria Ltd (2006) 19 NWLR (pt 1013) 146, (2006) LPELR – 1140 (SC) at page 25 paragraphs A – C, per Tobi, JSC (of blessed memory) as follows:-
“A Judge has the right in our adjectival law to use particular words or phrases, which, in his opinion, are germane to his evaluation of the facts of the case. In so far as he does that in line with the evidence before him, it will be unfair for counsel to castigate him or accuse him of raising issue suo motu. A judge can only be accused of raising issue suo motu if the issue was never raised by any of the parties in the litigation. A Judge cannot be accused of raising issue suo motu if the issue was raised by both parties or by any of the parties in the proceeding. In other words, the Court of Appeal cannot be accused of raising issue suo motu if the issue was canvassed at the trial or on appeal”. PER J.I.OKORO,J.S.C, in
