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RAISING ISSUE SUO MOTU – WHETHER IT IS THE FUNCTION OF A COURT TO RAISE SUO MOTU ISSUES NOT CANVASSED IN THE PROCEEDINGS BEFORE IT

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“The law is well settled that it is not the function of any court to raise suo motu issues not canvassed in the proceedings before it which does not touch on the jurisdiction of the court to which counsel were not asked to address it on. It is against the principle of fair hearing for a court to raise an issue suo motu and decide on it without inviting parties to address it on the matter. See Mojekwu Iwuchukwu (2004) 11 NWLR (pt 883) 196, Leaders of Company Ltd & anor v Major General Musa Bamaiyi (2010) 18 NWLR (pt 1225) 329, Agbaye & Sons v Ajibola & ors (2002) 2 NWLR (pt 750) 127, Commissioner for Works, Benue State & anor v Devcon Development Consultants Ltd & anor (1988) 3 NWLR (pt 83) 407, Ochonma v Ashirim Unosi (1965) NWLR 321”. PER J.I.OKORO,J.S.C, in

ECONOMIC AND FINANCIAL CRIMES COMMISSION V CHIEF PATRICK T. CHIDOLUE LER [2018]SC. 444/2011 https://legalpediaonline.com/economic-and-financial-crimes-commission-v-chief-patrick-t-chidolue/



   
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