It is also true that in law parties to an illegal contract cannot seek any remedy over such illegal contract in Court, yet in law no one can be allowed in good conscience and in equity, to benefit from his own wrong and resile from a contract after taking the benefit therefrom. In law therefore, when parties to a transaction are both at fault rendering the transaction irregular or faulty, it is said that the condition of the Defendant is better in that the Claimant who is also in fault would stand no better chance in repudiating the transaction, which though found or turned out to be irregular, he was also in fault. This is buttressed by the Latin maxim: ‘in pari delicto potion est condition defendant’. See Ukejianya v. Uchendu (1950) 13 WACA 45: Ekpenyong v. Nyong (1975) 2 SC 71; Abubakri v. Smith (1975) 6 SC 31, Oyegoke v. Iriguna (2001) FWLR (Pt. 75) 448 @ p. 451; Ibrahim v. Osim (1988) 3 NWLR (Pt. 82) 257 @ p. 278; Oilfield Supply Centre Ltd v. Lloyd Johnson (1987) 2 NWLR (Pt. 58) 625); Pan Bisbilder (Nig) Ltd v. FBN Ltd (2000) 1 NWLR (Pt. 642) 684 @ p. 695.
— B.A. Georgewill JCA. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Ors. (CA/L/427/2016, 9 Mar 2018)