11/09/2026
The Nigerian Supreme Court has consistently recognised the principle of freedom of contract and that parties are generally bound by the terms they freely agree to, while also permitting parties to vary their contractual obligations by mutual agreement. Provided the amendment is legally valid and complies with any formal requirements applicable to the contract.
However, when a contract was initially entered into in writing, any subsequent alteration or variation of the terms of such contract must also be in writing. In the case of Laramie v Data Processing Maintenance& Services Ltd (2005) 12 NWLR (Pt. 938) 429, the Supreme Court held that oral evidence cannot be used to alter or vary the terms of a written contract, and that any such variation must also be in writing.
The lesson?
Signing a contract does not mean the parties can never revisit its terms. If circumstances change, the parties may agree to modify their obligations, but the amendment should be properly documented and executed.
Before signing or amending an agreement, get proper legal advice. A seemingly simple change can have significant legal consequences.
Know what you’re signing. Know what you’re agreeing to.