Illegality and Public Policy in Contract Law

Not all agreements, even if validly formed, will be enforced by the courts. The law recognises certain categories of contracts that, despite satisfying the basic requirements of offer, acceptance, consideration, and intention to create legal relations, are nonetheless unenforceable because they are either illegal or contrary to public policy. This principle reflects the fundamental truth that contract law exists not merely to facilitate private arrangements, but to serve the broader interests of society. As the Supreme Court of Nigeria declared in Nnadozie v Mbagwu,1 "a contract is illegal if the consideration or the promise involves doing something illegal or contrary to...