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The Exception of “delegatus non potest delegare

Blessing Udofa-Poromon, the Exchequer of the Nobles, brings astute insight into financial management within the organization. With a solid grasp of finances, Blessing ensures adherence to established norms and accountability in monetary dealings.

Published

2 months ago

February 26, 2024

Stella Charles Akupue

In today's series, we explore the legal maxim "Delegatus non potest delegare."

Blessing Udofa-Poromon is the Exchequer of the Nobles, entrusted with managing the organisation’s financial affairs. With a keen understanding of legal principles and their application in complex scenarios, Blessing steers the complexities of finances and accountability with precision and diligence.

As a guiding principle, this maxim serves to restrain an agent from establishing a principal-agent relationship between their own principal and a third party. This foundational precept found validation in the esteemed chambers of the Court of Appeal, notably in the pivotal case of NNPC & Anor v. Trinity Mills Insurance Brokers & Ors. (2002) LPELR-7142(CA).

However, as with many legal doctrines, exceptions do exist. Among them is the allowance for authorized agents to engage sub-agents. If these sub-agents operate under the auspices of the authorized age notes, their actions carry legal weight and bind the principal. This elucidation emerged from the erudition of Justice Ogakwer J.C.A, as pronounced in the case of Simeon v. College of Education, Ekiadolor, Benin (2014) LPELR-23320(CA).

It is imperative to underscore that when a principal delegates financial responsibilities to their agents, whether ratified by the principal or not, the agent retains the prerogative to further delegate these duties. In cases where financial obligations arise from such transactions, the principal remains accountable. This principle is an immutable truth in the intricate realm of legal relations.

Sincerely,
Blessing Udofa-Poromon #foragreaternationaltreaaury.
(Exchequer of the Nobles)

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