PRINCIPLE STATEMENT

The provisions of the laws regarding the functions of local government are so clear and unambiguous as to call for no other interpretation. A state government officer who enters into a contract on behalf of the state for matters within local government jurisdiction lacks legal capacity, and the contract is ultra vires, null, and void.

RATIO DECIDENDI (SOURCE)

Per Wali, JSC, in Knight Frank & Rutley (Nigeria) & Anor v. Attorney-General of Kano State (1998) NLC-2181991(SC) at p. 16; Paras A–C.
"The provisions of these Laws as regards the functions of Local Government are so clear and unambiguous as to call for no other interpretation. The Hon. Commissioner of Finance who entered into the contract with the appellant for and on behalf of the respondent lacked legal capacity to do so, and accordingly the contract is ultra vires, null and void and of no legal effect."
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EXPLANATION / SCOPE

Clear constitutional provisions must be given effect. A state officer lacks capacity to contract for local government functions. The principle applies to all levels of government. The contract is ultra vires and void. The rule ensures compliance with constitutional allocation of powers. The court will enforce constitutional limits. The principle is fundamental.

CASES APPLYING THIS PRINCIPLE

None recorded.