CIVIL PROCEDURE — Pleadings — Estoppel by Conduct — Individual Participation in Nomination Exercise
Ratio Decidendi
Per Onnoghen, JSC, in Adekeye & Ors v. Adekeye & Ors (Consolidated) (2010) NLC-123-216-2003(SC) at p. 22, paras. A–C:
"The case of the appellants is simply based on estoppel by conduct against the 1st and 2nd respondents as individuals. It has nothing to do with their lineage at all... It is not in dispute that two candidates were nominated for the stool... The case of the appellants is that the 1st respondent as well as the 2nd respondent having participated directly or indirectly at the nomination exercise cannot resile from same since if it had favoured them, they would not have complained."
Explanation / Scope
This principle establishes that estoppel by conduct applies to individuals who participate in a nomination exercise and cannot later resile from it if it does not favour them. The principle applies in chieftaincy disputes where parties participated in the selection process. It ensures that parties are bound by their conduct. The principle reflects the doctrine of estoppel by conduct. It prevents parties from benefiting from their participation while later challenging the process. The court must determine if the party participated. The principle provides guidance on estoppel by conduct in nomination exercises.