REQUIREMENT OF DUE DILIGENCE ON CAPACITY OF NIGERIAN GOVERNMENT OFFICIALS/ORGANS/AGENTS TO CONTRACT

GODWIN AZUBUIKE V. GOVERNMENT OF ENUGU STATE IN FOCUS

  • Edwin Obimma Ezike, Ph.D University of Nigeria, Enugu Campus, Nigeria
Keywords: legal relationship, local authorities

Abstract

It is primary knowledge that in addition to the elements of offer, acceptance, consideration and intention to create legal relationship,
for a contract to have any validity in law, the parties must have full legal capacity to do so otherwise there will be no contract. It appears that the contractual capacity of officials/organs or agencies entering into contracts on behalf of government has not captured the needed attention under the Nigerian law. Until recently there has been little guidance on this issue, though the common law has long recognised that the contracts of local authorities will be void unless they are within the authorities’ powers, express or implied, or the acts are such as to facilitate, or are incidental to the discharge of those functions. In Godwin Azubuike v Government of Enugu State, the point has however been made clearly by the Court of Appeal that persons seeking to contract with government or its agencies or
organs must first confirm the capacity under which the persons acting for government proceed. This is not even enough. The party
must also ensure that appropriate measures have been taken to comply with all rules and regulations appertaining to the making of
such contracts.

Author Biography

Edwin Obimma Ezike, Ph.D, University of Nigeria, Enugu Campus, Nigeria

Department of Public and Private Law

Published
2018-06-01
How to Cite
Ezike, E. (2018). REQUIREMENT OF DUE DILIGENCE ON CAPACITY OF NIGERIAN GOVERNMENT OFFICIALS/ORGANS/AGENTS TO CONTRACT. The Nigerian Juridical Review, 13(1). Retrieved from http://thenigjuridicalreview.com/index.php/NJR/article/view/181
Section
Articles