Tort law at Nigeria

Tort law in Nigeria is largely based on English common law, as a result of Nigeria’s colonial history. However, over time, Nigeria has developed its own body of case law and statutes that shape tort liability in the country. Here's an overview of the key elements of tort law as practiced in Nigeria:

1. Definition of Tort

A tort is a civil wrong (other than breach of contract) for which the court will provide a remedy, usually in the form of damages, injunction, or restitution.

2. Sources of Tort Law in Nigeria

Common law and judicial precedent from English courts (up to independence in 1960).

Nigerian case law – decisions by local courts.

Statutes and local enactments, including:

Torts Law of various states (e.g., Lagos Torts Law).

Nigerian Constitution (e.g., enforcement of fundamental rights).

3. Major Types of Torts in Nigeria

A. Trespass to the Person

Assault

Battery

False imprisonment

B. Trespass to Land

Unlawful interference with another person’s land.

Includes encroachment, illegal building, and dumping.

C. Defamation

Libel (written defamation) and slander (spoken defamation).

Must prove that the statement was false, published, and caused harm.

D. Negligence

Duty of care owed, breached, and damage suffered as a result.

Common in medical malpractice and road traffic cases.

E. Nuisance

Private nuisance – affects an individual or specific property.

Public nuisance – affects the public or a community.

F. Strict Liability

Especially under Rylands v Fletcher principle—where someone is liable for damage caused by the escape of something hazardous, even without negligence.

4. Remedies in Nigerian Tort Law

Damages – monetary compensation.

Injunctions – to stop or compel action.

Declaration of rights – often used in constitutional torts.

5. Constitutional Torts

Actions for the violation of fundamental rights under Chapter IV of the 1999 Constitution, such as the right to dignity, personal liberty, or privacy.

6. Challenges in Tort Litigation in Nigeria

Delays in the judicial process.

Corruption and inefficiency in the legal system.

High cost of litigation.

Limited public awareness of tort remedies.

 

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