Exploring the Principle of Ex turpi causa non oritur actio
By P.L. Osakwe

“The courts are not sanctuaries for scoundrels. When you dirty your hands with illegality, the law may leave you with nothing.”
P.L. Osakwe

♤ Introduction

In the quest for justice, courts are expected to be impartial—but they are not blind to morality. There is a legal gatekeeper that prevents wrongdoers from profiting through the judicial system. That principle is expressed in the Latin maxim ex turpi causa non oritur actio, meaning “no cause of action arises from a base (immoral or illegal) cause.”

This is one of the most powerful, yet rarely discussed, legal doctrines. It does not punish wrongdoing directly, but it refuses to help wrongdoers recover benefits, even where they would normally be entitled.

This principle is a sword and a shield. Lawyers can use it to defend their clients from claims rooted in illegality or as a strategic counter-attack when an opponent seeks to benefit from a tainted transaction.

■ The Meaning of Ex Turpi Causa

Definition: If a person’s claim is based on an illegal or immoral act, the court will not assist them—even if, technically, they have suffered a loss.

It does not require a conviction. The mere fact that the claim requires reliance on an illegal act for its success may be enough to invoke this principle.

■ Practical Examples of Application

■ 1. Illegal Contracts

If a contract involves fraud, bribery, tax evasion, or unlawful purpose, the court will not enforce it—even if the other party also defaults.

Example: In Holman v. Johnson (1775), Lord Mansfield famously refused to assist a plaintiff who sold tea to be smuggled illegally into England, saying “no court will lend its aid to a man who founds his cause of action upon an immoral or illegal act.”

Nigerian Example: In Okafor v. Okafor (2016) LPELR-40483(CA), the court emphasized that an agreement contrary to public policy is unenforceable—ex turpi causa in action.

2. Tort Claims Arising From Crime

A thief injured by his accomplice during a robbery cannot sue for damages. The court will not recognize rights arising out of an unlawful act.

Example: A trespasser who injures himself while stealing cannot sue the landowner for poor maintenance. His claim is voided by his illegal entry.

3. Employment Contracts Involving Illegality

If someone works under a contract that violates labor laws or public policy, they may be barred from suing for wages or wrongful dismissal.

In Tinsley v. Milligan (UK, 1994), the House of Lords discussed illegality in property claims where fraud was involved in claiming social benefits.

4. Political or Electoral Offences

Someone who obtained political office through forged certificates or electoral malpractice cannot use technicalities to stay in power. Courts will not reward illegal ascendancy.

Nigerian courts have often nullified elections tainted by illegalities (PDP v. INEC cases). The illegal foundation destroys the legitimacy.

□ Benefits of Understanding This Principle

♤ Defense Strategy: A powerful way to stop a lawsuit in its tracks.

♤ Public Policy Tool: Encourages ethical behavior and discourages reliance on the law to profit from wrongdoing.

♤ Court Efficiency: Filters out morally repugnant claims early.

♤ Tactical Litigation Tool: Can be used as a sword or shield in disputes involving fraud, crime, or corruption.

■ Cautions and Exceptions

Illegality must be central to the claim—not incidental.

Courts sometimes consider whether denying the claim would cause greater injustice.

In some cases, the “clean hands” doctrine of equity is invoked instead of ex turpi causa.

Recent English position (e.g., Patel v. Mirza, 2016 UKSC): Courts now weigh factors like proportionality, policy, and fairness, not just the presence of illegality.

♡ Relevance in Nigerian Legal Practice

○ Land transactions involving forged documents or bribes are void.

□ Partnerships based on illegal businesses (e.g., unlicensed forex schemes or MMM-style pyramids) cannot be enforced.

■ Illegal fees or commissions demanded in public contracts can render the whole contract unenforceable.

Lawyers should raise this principle in:

■ Land and contract disputes

■ Election petitions

■ Debt recovery suits with dirty backstories

● Employment disputes in non-compliant industries

■ Conclusion

Ex turpi causa non oritur actio is a principle that cuts deeper than statutes. It reflects the soul of the law—one that refuses to be a tool in the hands of those who seek to benefit from their own wrongdoing.

In a society like Nigeria’s, where informal deals and underhanded tactics are too common, this doctrine is a sleeping giant. Lawyers who awaken it can cleanse the courtroom and change the outcome of cases dramatically.

“The law is not a refuge for rogues. To find justice, your hands must be clean, and your cause must be pure.” P.L. Osakwe