Statute of Limitations for Written Contract in Nigeria

Overview

In Nigeria, the time limit for filing a claim based on a written contract is governed by the Limitation Law/Act framework within each state and, in some contexts, federal rules for particular claims. In practice, the “statute of limitations” question often turns on three items:

• What type of contract evidence you have (written instrument vs. other forms)
• When the cause of action accrued (for example, when payment became due or when a breach occurred)
• Whether the claim is subject to a specific limitation rule (some claims—especially those involving deeds, mortgages, or statutory claims—can have different time periods)

Because limitation rules can be state-specific, this page focuses on the core statutory rule commonly applied in Nigeria for simple contract actions (including written contracts), plus the main exceptions and practical steps to verify the correct deadline for your forum.

Limitation period

Core rule for actions on contracts in writing (simple contracts)

For a claim founded on a simple contract—including a claim based on a written agreement that is not framed as a deed—the general limitation period commonly used is six (6) years.

A “written contract” claim typically falls into this category when:

• The contract is a written agreement (email agreement, letter agreement, signed terms, or similar)
• The claim is for breach of obligations under that agreement (e.g., non-payment, failure to deliver, failure to perform services)
• You are not relying on a special category like a deed-related rule (where different timeframes may apply)

When time starts running (cause of action accrual)

The limitation clock generally begins when your cause of action accrues—commonly meaning when:

• The defendant fails to do what they promised (breach)
• Payment becomes due and remains unpaid
• A demand is required, and the defendant fails after the demand

Practical examples (to help anchor the timeline):

• Invoice due date: If an invoice is due on 1 June 2020 and remains unpaid, your breach-based claim commonly accrues around that date (or after any contractual grace period).
• Termination clause: If the contract allows termination for cause after 10 days’ notice, the cause of action may accrue when the breach continues past notice and the contractual remedy is triggered.
• Milestone payment: If payment is due after a milestone on 15 September 2020, the limitation period often starts when the milestone is achieved (and payment is not made).

What “written contract” does—and does not—change

Having a document in writing is useful for proving terms, but limitation periods are still tied to the legal category of the claim and the accrual date. Writing can help you show:

• The contract’s effective date and payment schedule
• The breach date (or the date demand was made)
• Whether the instrument is a “deed” (which can affect limitation treatment)

Key exceptions

Even if the standard period is six years for simple contract claims, certain circumstances can affect whether a claim is time-barred or whether the clock is interrupted/extended. The most common practical exceptions include:

1) Acknowledgment of the debt/obligation

If the debtor/defendant acknowledges the obligation in writing (or takes steps that amount to acknowledgment under the limitation law applicable in the court), limitation may be treated as reset or newly relevant from the acknowledgment date—depending on the specific statutory wording and interpretation in the relevant jurisdiction.

Checklist for acknowledgment documents:

2) Part payment

Where part payment occurs, many limitation regimes treat it as legally significant because it may indicate continued recognition of the debt. Whether part payment actually extends the limitation period depends on the precise statutory conditions and the evidentiary link between payment and the alleged debt.

Evidence to retain:

3) Disability or legal incapacity (where applicable)

Some limitation systems allow for extension where the claimant is under a legal disability. The details are highly technical and fact-dependent—especially regarding what qualifies as disability and whether it applies to contractual claims.

4) Fraud or concealment (where pleaded under limitation rules)

Where fraud is involved, some limitation laws provide special timing for when the claimant could reasonably have discovered the facts. The “discovery” concept typically requires careful pleading and evidence.

5) Procedural context: wrong forum vs. correct forum

Even when a limitation period exists, how a case is filed (and whether it can be transferred, refiled, or corrected) can affect outcomes. If you’re considering a move between courts or re-filing after dismissal, timing strategy matters—but again, that depends on the rules governing the particular court.

Statute citation

For the limitation of actions founded on simple contract in Nigeria, the commonly cited statutory authority is:

• Limitation Act (Cap. L.5), Laws of the Federation of Nigeria, 2004

  • The Act provides a six (6) years limitation period for actions founded on simple contract, including written contract claims, subject to applicable exceptions and accrual rules.

Because Nigeria’s litigation environment can involve state limitation laws and different procedural pathways, always verify:

• The exact court/state where you intend to sue
• Whether a state Limitation Law modifies or governs the limitation period in that location
• Whether your instrument qualifies for any special treatment (for instance, if it is a deed, which may not be treated as a simple contract)

Use the calculator

DocketMath’s Statute of Limitations calculator helps you turn the legal rule into a timeline you can manage.

What you’ll input

To estimate the limitation deadline for a written contract claim (simple contract basis), you’ll typically provide:

• Contract type: choose Written contract / Simple contract
• Start date (accrual): the date the breach occurred or the due date of payment/obligation
• Limitation period: set to 6 years (default for simple contract)
• Jurisdiction: select Nigeria (NG)

How outputs change when you change inputs

• Change the start date: Moving the accrual date forward by even 30–90 days directly pushes the estimated deadline forward by the same amount.
• Change the limitation period: If a special category applies (e.g., an argument that the instrument is not a simple contract), changing the period changes the calculated end date.
• Add an acknowledgment/part payment date (if your workflow includes it): When the calculator workflow supports interruption/extension inputs, the “relevant date” can shift. In workflows that don’t support it, you should still note the date and consider how it affects accrual under the controlling limitation law.

Practical workflow (recommended)

Use this approach to keep your timeline defensible:

1. Identify the due date or breach date from the contract terms and correspondence
2. Confirm any grace period or notice clause (so your accrual date matches the contract)
3. Check for acknowledgment or partial payment evidence tied to the same invoice/obligation
4. Run the calculator in DocketMath and record:

   • Calculated limitation deadline
   • The chosen accrual date and limitation period
   • Notes on documents that may support interruption/extension

If you want the fastest path, use the primary CTA below and generate the deadline immediately:

• Open DocketMath statute calculator: /tools/statute-of-limitations

Related reading

• Choosing the right statute of limitations tool for Vermont — Tool comparison
• Statute of limitations in Singapore: how to estimate the deadline — How-to guide
• Choosing the right statute of limitations tool for Connecticut — Tool comparison