LEGAL PRINCIPLE: EQUITY AND TRUSTS – Estoppel – Participation in Sharing Exercise – Effect on Subsequent Challenge
PRINCIPLE STATEMENT
The plaintiff is certainly estopped or precluded from contesting the issue of the sharing of assets and liabilities of the old Ondo State which had long been settled with it as a participant.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in A.G., Ondo State v. A.G., Ekiti State (2001) NLC-1362000(SC) at p. 33; Paras B–C.
"The plaintiff is certainly estopped or precluded from contesting the issue of the sharing of assets and liabilities of the old Ondo State which had long been settled with it as a participant."
EXPLANATION / SCOPE
A party who actively participates in an asset-sharing exercise and benefits from it is estopped from later challenging the outcome. Participation implies acceptance. Estoppel prevents parties from blowing hot and cold—approving an arrangement when it suits them and later contesting it. The principle applies to states and governments, not just individuals. Once a party has participated in settling the distribution of assets and liabilities, they cannot later assert a different position. The estoppel binds them to the agreed or settled position. This promotes finality and prevents parties from undermining previously concluded arrangements. The challenge is precluded regardless of the original legal position.