THE RECEPTION OF THE LAW OF TORTS IN NIGERIA

Topic of the day

- How the law of torts was received into Nigeria

- The sources of the Nigerian law of tort

HOW THE LAW OF TORTS WAS RECEIVED INTO NIGERIA

The law of torts was received into Nigeria through a combination of colonial influence and indigenous legal developments. During colonial rule, British common law principles, including tort law, were introduced into Nigeria through judicial decisions, statutes, and legal education. 

The case of Macfoy v. United Africa Co. Ltd. (1962), played a significant role in shaping tort law in Nigeria by establishing precedents and principles derived from English common law. Additionally, statutes like the Nigerian Law Reform Commission Act (1967) and the Civil Wrongs Act (1963) further codified and adapted tort law principles to the Nigerian legal system.

Indigenous legal traditions and customs also influenced the reception of tort law in Nigeria, with certain local practices and norms being integrated into the legal framework alongside colonial-era statutes and precedents. Over time, Nigerian courts have continued to develop and interpret tort law principles in accordance with the country's legal traditions and societal needs, leading to a unique blend of English common law and indigenous legal concepts in Nigerian tort law.

THE SOURCES OF THE NIGERIAN LAW OF TORT

The Nigerian law of torts draws its sources from various legal instruments and authorities and these includes the following;

1. Case Law: Nigerian courts rely on judicial decisions to interpret and develop tort law principles. See the case of Macfoy v. United Africa Co. Ltd. (1962) and Adekoya v. Fagbemi (1974) which contributed significantly to the evolution of tort law in Nigeria.

2. Statutes: Legislative enactments at both the federal and state levels provide statutory guidance on torts in Nigeria. The Civil Wrongs Act (1963) is a key statute that codifies certain torts and principles, while other laws, such as the Nigerian Law Reform Commission Act (1967), may indirectly impact tort law.

3. Customary Law: In some cases, customary law traditions and practices influence the application of tort law, particularly in areas where indigenous customs are prevalent. While not as prominent as case law or statutes, customary law can still play a role in shaping tort liability.

4. Foreign Influences: Nigerian tort law has also been influenced by English common law principles, owing to Nigeria's colonial history. Precedents from English courts and legal scholarship continue to inform Nigerian tort law jurisprudence.