Re-Theorising Consideration in the Law of Contract: The Nigerian Perspective in a Global Context

The doctrine of consideration, as a requirement for the enforceability of simple contracts in common law systems, has been subjected to decades of academic critique for its artificiality, inconsistency, and inability to give effect to genuinely intended commercial agreements, yet no comprehensive theoretical reconstruction of consideration has been advanced from a Nigerian private law perspective. This study re-theorises the doctrine of consideration in Nigerian contract law, developing an original theoretical framework that reconciles the legitimate functions of consideration with the demands of contemporary commercial practice and the Nigerian socio-cultural context. Using a pluralist theoretical methodology integrating doctrinal analysis of 70 Nigerian consideration cases from 2010 to 2024, philosophical analysis of promissory obligation theory, and comparative study of consideration reform in Australia, Canada, and Scotland, the research identifies the categories of commercially reasonable agreements that the consideration doctrine currently fails to enforce in Nigeria. The study further conducts interviews with 40 commercial practitioners in Lagos, Abuja, and Kano to assess the practical impact of consideration doctrine in Nigerian commercial contracting. The research advances an original theory of Functional Consideration (FC) as its theoretical contribution, which retains the protective core of consideration while expanding enforceability to commercially reasonable agreements supported by legitimate reasons for enforcement. Findings reveal that Nigerian consideration doctrine causes significant commercial harm and doctrinal instability. Recommendations include legislative reform of consideration requirements, academic curricula updates, and a Supreme Court reference to clarify the law. Keywords: consideration, contract law theory, promissory obligation, functional consideration, Nigerian law