Courts (690)
The duty of a court is to decide between the parties on the basis of what has been demonstrated, tested, canvassed and argued in court.
A court will not Suo Motu raise issues which the parties do not raise. Both sides must be given the opportunity to address the court on issues raised Suo Motu. Where this is not done, it may be held that, the party denied the opportunity to address the court was denied fair hearing.
Mabamije & Otto [2016]1 M. J. S. C (Pt. III) [Po 54] Paras. C-D
Undoubtedly, it is the primary function of the trial tribunal to evaluate evidence and ascribe probative value to same. The Court of Appeal and the Supreme Court will only interfere where the tribunal fails to discharge that duty and the failure has occasioned 122 MONTHLY JUDGMENTS OF THE SUPREME COURT OF NIGERIA Jan. 2016 (P1.II)miscarriage of justice. Makinde v. Akinwale (2000) NWLR (Pt. 645) and Ihekoronye v. Hart (2000) 15 NWLR (Pt. 692) 840.
Maku vs Al-Makura & 3 ors [2016] 1 M. J. S. C (Pt. II) [Po 133] Paras. B-C
A court of co-ordinate jurisdiction has no constitutional power to sit as an appellate Court in another case and review and/or adjudicate on a decision or order made by another Court of the same hierarchy. Chief Gani v. A. G Lagos State No. 1 (1989) 3 NWLR (Pt. 112) 707 at 774.
Cole v. Jibunoh & Ors. [2016] 1 M. J. S. C (Pt. I) [Po 141] Paras. B-C