Suo Motu

The issue of whether the trial Court below was right in considering processes which they had not been addressed on processes filed before it. This Court has held particularly 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 Courts 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."
(Underlining mine).

When a Court extracts information from its file. It cannot be accused of raising issue suo motu. See Ikenta Best Nigeria Ltd vs A.G Rivers State (2008) 6 NWLR (Pt. 1084) 612 at 642.

A distinction must be drawn between a Court raising an issue suo motu and looking into its records to resolve the issue, and the Court looking into its records suo motu to resolve an issue raised by the parties. In respect of the former, a Court raising an issue suo motu, must invite the parties to address it before using the issue in the judgment. But on the latter situation where the Court looks into the record of appeal to enable it resolve issues already raised by the parties, a Court is not bound to invite the parties to address it.
In Ikenta Best (Nigeria) Ltd v Attorney General Rivers State (2008) 6 NWLR (pt 1084) 642 Paragraphs A-C, this Court, per Tobi, JSC (of blessed memory) held that
A Court can only be accused of raising an issue, matter or fact suo motu if the issue, matter or fact did not exist in the litigation. A Court cannot be accused of raising an issue, matter or fact suo motu if the issue, matter or fact exists in the litigation. A Judge, by the nature of his adjudicatory functions, can draw inferences from stated facts in a case and by such inferences; the Judge can arrive at conclusions. It will be wrong to say that inferences legitimately drawn from facts in the case are introduced suo motu. That is not correct."