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THE STATUTE OF FRAUDS WILL NOT BE USED AS AN ENGINE OF FRAUD FOR WANT OF WRITING

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He is bound by his bond, notwithstanding that the transaction is not evidenced in writing. Generally, section 4 of the Statute of Frauds requires that a transaction dealing with interest in land should be by a note or memorandum in writing. On the application of the Statute of Frauds, the Full Court of Divisional Court of Nigeria refused to lay it down as a strict rule of law that land, the property of an illiterate native, cannot be disposed of by him without complying with statute. See Bintu Alake and Ashafa Lawal v. Awawu 11 NLR 39,40 and Ashabi Okoleji v. M.A. Okupe 15 NLR 28. The parties to the instant appeal, as can be garnered from the record of proceedings are illiterates and on those authorities, the fact that the transaction is not in writing is not prejudicial.

— Salami, JCA. Manya v Idris (2000) – CA/K/29/97

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COMPANY WILL NOT BE USE AS AN INSTRUMENT OF FRAUD

It must be stated unequivocally that this court, as the last court of the land, will not allow a party to use its company as a cover to dupe, cheat and or defraud an innocent citizen who entered into lawful contract with the company, only to be confronted, with the defence of the company’s legal entity as distinct from its directors. Most companies in this country are owned and managed solely by an individual, while registering the members of his family as the share holders. Such companies are nothing more than one-man-business; hence, the tendency is there to enter into contract in such company name and later turn around to claim that he was not a party to the agreement since the company is a legal entity.

– MUNTAKA-COMASSIE JSC. Alade v. Alic (2010)

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FRAUD VITIATES ALL TRANSACTIONS – CONTRACT IS VOIDABLE AT THE ELECTION OF THE PARTY DEFRAUDED

Fraud vitiates even the most solemn of all transactions. In fact fraud vitiates everything even judgments and orders of the court. However, a contract or other transaction induced or tainted by fraud is not void but only voidable at the election of the party defrauded. See Western Bank of Scotland v. Addie (1867) L.R.Sc. & Div. 145. Until it is avoided the transaction is valid so that third parties without notice of the fraud may in the meantime acquire rights and interests in the matter which they may enforce against the party defrauded. See Oakes v. Torquand (1867) L.R. 2 H.L. 325,373; ReeseRiver Silver Mining Co. v. Smith (1869) L.R.4 H.L. 64; Carter and Kenderdine’s Contractual) 1 Ch. 776 and United Shoe Co. v. Brunei (1909) A.C. 330.

— Agbaje, JSC. Ugo v Obiekwe (1989) – SC.207/1985

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WHAT IS FRAUD?

What then is fraud or what in law can amount to fraud? In law, fraud has simply been defined as an advantage gained by unfair means; a false representation of fact made knowingly, or without belief in its truth, or recklessly, not caring whether it is true or false. Fraud also means an intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right. It is also a false representation of a matter of fact whether by words or by concealment of that which should have been disclosed, which deceives another so he shall act upon it to his legal injury, Jowitt’s Dictionary of English Law, Vol. 1, 2nd Edition, p. 827; Black’s Law Dictionary, 8th Edition, p. 660.

— C.C. Nweze, JSC. APC v. Sheriff (2023) – SC/CV/1689/2022

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FROM THE FACTS AND CIRCUMSTANCES OF THIS CASE IT SHOWS THAT ARBITRATION MAY BE MORE OPEN TO FRAUD

582. Regardless of my decision, I hope the facts and circumstances of this case may provoke debate and reflection among the arbitration community, and also among state users of arbitration, and among other courts with responsibility to supervise or oversee arbitration. The facts and circumstances of this case, which are remarkable but very real, provide an opportunity to consider whether the arbitration process, which is of outstanding importance and value in the world, needs further attention where the value involved is so large and where a state is involved. 583. The risk is that arbitration as a process becomes less reliable, less able to find difficult but important new legal ground, and more vulnerable to fraud. The present case shows that having (as here) a tribunal of the greatest experience and expertise is not enough. Without reflection, then a case such as the present could happen again, and not reach the court.

— R. Knowles CBE. FRN v. Process & Industrial Developments Limited [2023] EWHC 2638 (Comm)

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PARTIES BOUND BY CONTRACTUAL TERMS IN ABSENCE OF FRAUD

The well laid down position of the law is that Courts do not rewrite contact for the parties where the terms of the contract are clear. In the absence of fraud, duress and undue influence, misrepresentation, the parties are bound by their contract. It is only parties to a contract that can sue and be sued on it.

– Rhodes-Vivour JSC. Alade v. Alic (2010)

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ALLEGATION OF FRAUD NOT PARTICULARISED IS USELESS AND CANNOT SUCCEED

This is because in law, an allegation of fraud requires that the particulars of fraud be set out to confer any modicum of seriousness on such an allegation of fraud to warrant further enquiry into it at trial. In other words, unless and until an allegation of fraud is, expressly, made and supported by its particulars, it is a non-starter as it is well settled that a mere or bare or banal allegation of fraud, no matter how grave, is of no moment if it is not supported by the relevant particulars as required by law, Nammagi v. Akote [2021] 3 NWLR (pt. 1762) 170. An allegation of fraud that is merely generic, vague and lacking in the specific and particulars is in law a non-starter and useless, PDP v. INEC and Ors (2012) LPELR 9724 (SC) Nishizawa Ltd v. Jethwani (1984) 12 SC 234; UBA and Anor v. Alhaji Babangida Jargaba [2007] 11 NWLR (pt. 1045) 247.

— C.C. Nweze, JSC. APC v. Sheriff (2023) – SC/CV/1689/2022

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