LEGAL PRINCIPLE: CONTRACT LAW — Illegality — Raising Defence of Illegality — Pleading Requirement Distinguished
PRINCIPLE STATEMENT
A contract may be ex facie illegal or illegality may depend on a combination of facts. In the former case, illegality need not be specifically pleaded. In the latter case, the general rule is that it must be raised in the pleadings.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in A. I. C. Limited v. NNPC (2005) NLC-2372001(SC) at p. 8; Paras C–D.
"A contract may be ex facie illegal or the illegality may depend on a combination of facts. In the former case, the illegality need not be specifically raised in the pleadings but in the latter case the general rule is that it must be raised in the pleadings."
EXPLANATION / SCOPE
Illegality apparent on the face of a contract need not be pleaded; the court can notice it. Illegality depending on extrinsic facts must be specifically pleaded. The principle applies to contract law and civil procedure. The rule ensures fair notice when illegality is not obvious. The court may raise ex facie illegality suo motu. Latent illegality requires the defendant to plead and prove the facts.
