LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Ultra vires acts – Effect of contract entered into without constitutional capacity
PRINCIPLE STATEMENT
Where a party acts contrary to, infringes, or violates any provision of the Constitution, such action is null and void. Consequently, a contract entered into without constitutional power is vitiated and of no effect whatsoever.
RATIO DECIDENDI (SOURCE)
Per Uwais, CJN, in Knight Frank & Rutley (Nigeria) & Anor v. Attorney-General of Kano State (1998) NLC-2181991(SC) at p. 13; Paras D–E.
"It is elementary that where a party acted contrary to, infringes or violates any of the provisions of the Constitution, such action is null and void and of no effect whatsoever. It follows that the action by the respondent in entering into contract with the appellants, when the former had no power to do so, is null and void and of no effect whatsoever. Consequently the contract is vitiated."
EXPLANATION / SCOPE
Constitutional violations render actions null and void. Contracts made without constitutional capacity are invalid. The principle applies to all government actions. The court will declare such contracts unenforceable. The rule protects constitutional order. The party cannot benefit from an illegal contract. The principle is fundamental.
