Some Hiatuses In The Statutory Provisions On The Principle Of Estoppel In Nigeria

Abstract

This paper examined the principle of estoppel as conceptualised at common law, and the fact that the principle is now enshrined in S 169-174 of the Evidence Act of Nigeria, 2011(as amended. The paper also analysed some provisions of some sections of the Evidence Act. The paper pinpointed the issue as to whether the principle of estoppel is a rule of evidence, a rule of substantive law, or a rule of law. The paper further highlighted some lacunae in the Evidence Act because of recent developments in case laws in areas of interests such as Carriage of goods at Sea most especially on matters involving the consignor, carrier, consignee, the third-party freight forwarder and the fact that the consignor must seek a reliable freight forwarder to avoid double liability on freight payment etc., concerning payment of freight charge. Issues of whether liability might be established against the government under the principle of estoppel when in contractual relation on matters of Maritime law were also espoused. Further, the significance of specific contents of the Bill of Lading as a contract of first instance in issues involving the consignor, the consignee, and the carrier was also a concern in this paper. The paper elaborated on other novel areas of the applications of the principle of estoppel in double jeopardy situations, as well as the importance of an estoppel certificate in a lease agreement. The paper relied on primary and secondary sources of information. Primary sources included the 1999 Constitution of the Federal Republic of Nigeria, the Evidence Act of Nigeria, 2011(as amended. Secondary sources of information relied on included books, journal articles, and the Internet. The data obtained from these sources were subjected to content analysis. Findings revealed that; by case developments and corresponding judicial decisions, the principle of estoppel is still evolving, that estoppel could no longer be pinned down to a specific definition, that there exist serious lacunae in the Evidence Act according to these new developments in law most especially in Australia, and the United States of America. The paper recommended that new Evidence Acts must take care of these case law developments by incorporating some of the judicial decisions to stress the importance of the fact that judgment informs legislation, and that new studies should incorporate novel development on the corpus of law concerning the principle of estoppel and Laws on Carriage of Goods by Sea. The law should recognise the concept of an estoppel certificate as a condition precedent for entering into a Lease Agreement.