S.O.AJANAKU V. COMMISSIONER OF POLICE
August 7, 2025SEISMOGRAPH SERVICE (NIG) LTD V. ROBINSON KWAVBE OGBENI
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 40621
In the Supreme Court of Nigeria
Fri Mar 5, 1976
Suit Number: SC. 430/1974
CORAM
ALEXANDER, CHIEF JUSTICE OF NIGERIA
SOWEMIMO, JUSTICE, SUPREME COURT
MADARIKAN, JUSTICE, SUPREME COURT
PARTIES
CHIEF A. N. ONYIUKE III APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant supplied 110 Tins of palm oil to the respondent during the civil war for 1650 Biafran Pounds – as consideration. The war ended and Biafran pounds became illegal.
HELD
The court held that as the consideration for the contract was illegal, the entire contract was void and unenforceable by the court
ISSUES
Whether the contract was invalid by reason that the consideration was illegal.
RATIONES DECIDENDI
ILLEGAL CONTRACT
“It is the law that a contract is illegal if the consideration or promise involves doing something illegal or contrary to public policy or if the intention of the parties making the contract is thereby to promote something which is illegal or contrary to public policy and an illegal contract is void and cannot be the foundation of any legal right” PER D.A.R. ALEXANDER CJN
CASES CITED
HERMAN V. JEUCHNER (1885) 15 QBD 561
WILLIAM HILL 9PARKLANE) LTD V. HOFMAN 1 ALL ?.R 1013
STATUTES REFERRED TO
CENTRAL BANK (CURRENCY CONVERSION)
DECREE NO 48 OF 1968
GAMING ACT 1835
