25/10/2026
Let's answer the question with this Nigerian story:
Let's imagine that Tunde and Emeka were close friends. One day, they entered into an agreement to sell a parcel of land that neither of them had the legal right to sell.
Tunde was to provide the money, while Emeka promised to use his connections to make the transaction happen.
They agreed to share the proceeds after the sale. Unfortunately, things did not go as planned. Emeka collected the money but refused to give Tunde his agreed share.
Angry and feeling cheated, Tunde rushed to court and demanded that Emeka pay him his share of the money.
But here is the legal question:
Can Tunde ask the court to help him enforce an agreement that was founded on an illegal transaction in which he knowingly participated?
This is where the Latin maxim IN PARI DELICTO becomes relevant.
WHAT DOES IN PARI DELICTO MEAN?
In pari delicto means “in equal fault” or “equally at fault.”
The principle generally means that where two parties are equally involved in wrongdoing, the court may refuse to assist either of them in enforcing rights arising from their illegal transaction.
In simple terms, the court is not ordinarily available to help one wrongdoer profit from an illegal agreement simply because the other party has cheated them.
Tunde cannot automatically expect the court to enforce his bargain merely because Emeka has acted dishonestly.
So what does the law provide?
In Pan Bisbilder (Nigeria) Ltd v First Bank of Nigeria Ltd (2000) 1 NWLR (Pt. 642) 684 (Supreme Court of Nigeria), the principle of in pari delicto is relevant to the treatment of claims arising from illegal transactions.
The maxim is commonly expressed as:
In pari delicto potior est conditio defendentis.
This means that where the parties are equally at fault, the defendant is in the more favourable position.
BUT DOES THIS MEAN THAT EVERY PERSON INVOLVED IN AN ILLEGAL TRANSACTION LOSES EVERY LEGAL RIGHT?
Absolutely not!
The application of this principle depends on the facts of the case, the nature of the illegality, the parties’ respective levels of fault, and the applicable law.
A court may distinguish between parties who are equally at fault and a party who was misled, exploited, or was not equally responsible for the wrongdoing. Other legal rules and exceptions may also apply.
The maxim is therefore not a licence for one party to cheat another. Rather, it is a principle that may prevent the courts from lending their assistance to a claim founded on equal wrongdoing.
📌 TODAY'S TAKEAWAYS
📌Before entering into a questionable agreement, remember that if the transaction goes wrong, the law may not provide the remedy you expect.
📌Do not assume that because someone has cheated you, the court will necessarily enforce an agreement that the law regards as illegal.
Let us discuss:
If two people knowingly enter into an illegal agreement and one later cheats the other, should the court help the cheated party recover the money?
Tell us what you think in the comments.
Follow Learn Law WDr Maureen Eneh Ujah for more legal insights.
Remember: Knowledge is power, and ignorance of the law is no excuse. Stay informed and know what the law says.
Dr. Maureen Eneh Ujah
Bringing the law closer to you
゚viralシfypシ゚ ゚