Tort Law in Nigeria

Introduction

Tort law in Nigeria is founded on the English common law of torts as received into Nigerian jurisprudence through the colonial legal inheritance. The Supreme Court has consistently applied English tort principles, modified by local legislation and adapted to Nigerian circumstances. The law of torts provides remedies for civil wrongs, compensating individuals for harm caused by the wrongful acts of others. Nigerian courts have developed tort law through judicial decisions that balance the competing interests of individuals, businesses, and the state.

Negligence

Negligence is the most significant tort in contemporary practice. To succeed in a claim for negligence, the claimant must prove: (1) the defendant owed a duty of care; (2) the defendant breached that duty; (3) the breach caused the claimant’s damage; and (4) the damage was not too remote.

Duty of Care

The existence of a duty of care is determined by the test established in Donoghue v Stevenson (1932) AC 562, as applied by Nigerian courts. In Lagos City Council v Ogunbiyi (1974) 1 All NLR 478, the Supreme Court affirmed the neighbor principle: a person owes a duty of care to persons who may reasonably be foreseen as likely to be affected by their conduct. The concept of proximity and policy considerations also inform the duty analysis.

Breach of Duty

Breach is determined by comparing the defendant’s conduct against the standard of the reasonable person. The standard varies depending on the circumstances, including the nature of the activity, the likelihood of harm, and the gravity of potential injury. Professional negligence is assessed by the standard of the ordinarily skilled professional in the relevant field.

Causation and Remoteness

Causation is established through the “but for” test: the claimant must prove that the damage would not have occurred but for the defendant’s breach. Remoteness is determined by the test in The Wagon Mound (No 1) (1961) AC 388: damage is too remote if it was not reasonably foreseeable.

Occupiers’ Liability

Occupiers’ liability governs the duty owed by occupiers of premises to persons entering the premises. The common law distinction between invitees, licensees, and trespassers applies in Nigeria, though it has been modified by the Occupiers’ Liability Act (a statute of general application). The duty owed to invitees is to take reasonable care to prevent damage from unusual dangers known or reasonably discoverable. The duty to trespassers is limited to refraining from intentional harm.

Defamation

The tort of defamation protects reputation against false and damaging statements. Libel (written or broadcast defamation) is actionable without proof of special damage, while slander (spoken defamation) generally requires proof of special damage unless the slander falls within an exception.

Defences

The principal defenses to defamation include:

• Justification (truth): The statement is substantially true
• Fair comment: The statement is an honest expression of opinion on a matter of public interest
• Absolute privilege: The statement is made in parliamentary or judicial proceedings
• Qualified privilege: The statement is made in the discharge of a legal, moral, or social duty
• Innocent dissemination: The defendant was an innocent distributor of defamatory material

Trespass

Trespass protects against direct interference with person, land, or goods. Trespass to the person includes assault (causing apprehension of imminent harmful contact), battery (actual harmful or offensive contact), and false imprisonment (total restraint of liberty without lawful justification). Trespass to land is the unjustified interference with possession of land. Trespass to goods (conversion and detinue) protects against interference with chattels.

Nuisance

Private nuisance protects against unreasonable interference with the use and enjoyment of land. The interference must be substantial and unreasonable, considering the locality, duration, and character of the interference. Public nuisance interferes with the rights of the public generally and is actionable by the Attorney-General or by a private individual who has suffered special damage.

Vicarious Liability

Vicarious liability holds an employer liable for torts committed by employees in the course of employment. The test is whether the employee’s act is so closely connected with their employment that it is fair and just to hold the employer liable. The Supreme Court in Skeete v Akinwale (2004) 12 NWLR (Pt 887) 396 applied the modern approach to vicarious liability.

Damages

The primary remedy in tort is damages, intended to compensate the claimant for losses suffered. Damages are classified as general (presumed by law) or special (quantifiable financial losses). Nigerian courts also award aggravated and exemplary damages in appropriate cases, particularly where the defendant’s conduct is oppressive or calculated to make a profit.

Conclusion

Tort law in Nigeria remains grounded in English common law, with Nigerian courts developing principles adapted to local circumstances and needs. The field continues to evolve, with increasing attention to professional negligence, environmental torts, and the interaction between tort law and fundamental rights. The limitation of actions and the availability of insurance continue to shape the practical operation of tort law in Nigeria.