Fundamental elements of agency relations under Nigerian commercial law

• Author: Matthew Enya Nwocha
• Position: Head of Department, Jurisprudence and International Law, Faculty of Law, Ebonyi State University, Abakaliki, Nigeria, nwochaenyaeni@gmail.com.
• Pages: 192-201

Fundamental elements of agency relations under Nigerian

commercial law

Senior lecturer Matthew Enya NWOCHA1

Abstract

This paper is informed by the need to highligh t, clarify and evaluate key aspects of

the Nigeria n law of agency a gainst the ba ckground of the increasing usa ge of the services

provided by agents in the prog ressively complex commercial transa ctions in a n er a of

globalization. The paper has found that contemporary business deals and contracts ha ve

increasing ly depended on agency services and has, ther efore, explored the a ttitude of

Nigerian Cour ts to various significant a spects of agency rela tionship for the pr oper

enlightenment of parties to contracts of a gency who may be inter ested in doing business in

Nigeria an d on the international pla tform.

Keywords: Agency, disclosed principa l, tortuous liability, contra ct of agency, indemnity.

JEL Classification: K22, K34

1. Introduction

Nigerian law of agency is founded principally on common law and judicial

precedent. Agency relations have today assumed currency in the public domain and

command attention under contemporary Nigerian commercial law. This is mainly

due to increasing demand for agency services and the growing complexity and, for

that matter, indispensability accompanying its utilization in Nigeria as in other

developing economies. As the frontiers of international trade expand, increasing

number of businessmen and corporate institutions from across the globe find it

progressively indispensable to deal and relate with each other through agents. This

has been necessitated by the need to reduce the distance of travels and minimize

the stress of inspection of goods produced abroad prior to purchase. Though high

technology communication systems and social media have come in handy to

mitigate the hardship of long distance journeys, it has not supplanted the vital role

that agents can play in this regard. More so, the expertise, technical know-how and

specialized services which only agents can offer continue to make them

indispensable in modern day commercial transactions both in Nigeria and globally.

This paper evaluates fundamental elements of the law relating to agency in Nigeria,

and examines the role and relevance of agents in commercial transactions in the

country.

1 Matthew Enya Nwocha – Head of Department, Jurisprudence and International Law, Faculty of

Law, Ebonyi State University, Abakaliki, Nigeria, nwochaenyaeni@gmail.com.