By Fabian Ajogwu
Tort law is a fundamental aspect of the Nigerian legal system, as it addresses civil wrongs, even in the absence of a contractual relationship.
Yet much of the literature on tort law in Nigeria focuses on traditional principles, leaving little discussion of modern challenges and emerging areas.
‘Contemporary Law of Tort in Nigeria’ by Uche Val Obi (SAN) fills this gap, offering a comprehensive and practical guide that is both timely and relevant for students, lecturers, and practitioners alike.
The Learned Senior Advocate brings his extensive experience as a litigator and commercial lawyer to this work, and it shows in the clarity and precision of the analysis throughout the book.
The text combines a solid grounding in the traditional principles of tort, including negligence, duty, liability, trespass, and defamation, with an exploration of contemporary issues that reflect modern society.
Particularly striking is the chapter on privacy and data protection (Chapter 12). With the Nigeria Data Protection Commission (NDPC) tightening compliance, this discussion is relevant and crucial for legal practice today.
Structured across thirteen chapters, the book balances foundational and emerging topics. It addresses the impact of globalisation, technological advancements, and social media on tortious liability, including defamation and cyber infractions, as well as the shifts introduced by the COVID-19 pandemic in employer-employee relationships. These discussions demonstrate a keen awareness of evolving practical and societal challenges, and ensure the text is not just theoretical but also applicable in real-world contexts.
The author effectively guides readers through each principle with practical scenarios and tutorial questions. This approach encourages active engagement and makes the book both informative and highly effective as a tool for learning. The text is grounded in judicial authorities, both Nigerian and foreign, and, despite this depth of coverage, the book remains remarkably accessible, using clear language and an organised structure that invites readers to navigate each concept with ease.
This book is a crucial reference for anyone engaged in legal practice or scholarship. Students, lecturers, and practitioners alike will benefit from its careful attention to contemporary issues in tort and emerging jurisprudence.
Even those in related fields, such as environmental, corporate, oil and gas, or data protection law, will find insights that are directly relevant to their work. The foreword by the Honourable Minister of Education, Professor Tahir Mamman, SAN, aptly endorses the text with an unreserved recommendation – a sentiment I strongly align with.
The book successfully marries scholarship with practice. It captures the evolving nature of tort law in Nigeria and offers an indispensable and timely resource.
Here are a few areas I found particularly relevant and insightful:
Privacy, data protection, and digital liability
In Chapter 12, titled “Privacy and Data Protection,” the author explores how rapid technological development has necessitated the evolution of tort law.
Data privacy and protection are increasingly pressing concerns in modern legal practice. Personal information is one of the most valuable assets in today’s digital age, and the potential harm from its misuse is enormous.
Big Data is considered the fuel of the current Fourth Industrial Revolution. It powers technologies like Artificial Intelligence (AI), the Internet of Things (IoT), and machine learning.
These systems allow public and private entities to collect, store, analyse, and process massive amounts of personal data, which companies use to gain competitive advantages, target advertising, and improve their services.
With this context, privacy breaches have become a major concern for individuals’ rights, reputation, and even economic interests.
I find this chapter particularly essential as it demonstrates how tort law can effectively hold parties accountable and provide remedies when these rights are violated, which I believe is increasingly important for Nigerian legal practice.
A key contribution of the chapter is linking the Nigeria Data Protection Act (NDP Act) 2023 directly to tortious liability.
The NDP Act 2023 imposes a duty of care on data controllers and processors regarding the processing of personal data and requires accountability for adherence to data-processing principles, such as fairness, lawfulness, transparency, purpose limitation, data minimisation and integrity.
This duty, created by statute, is the vital first step in establishing tortious claims for data privacy violations.
Since a duty of care arises in tort regardless of whether there is an existing contract, the book suggests that claims arising from the breach of data protection principles should be actionable in tort.
Any accidental or unlawful destruction, loss, alteration, or unauthorised disclosure of personal data constitutes a personal data breach, which data processors or controllers are required to implement measures against. A personal data breach then exposes the data processor or controller to potential tortious claims if they fail to uphold this statutorily imposed duty.
Furthermore, under the NDP Act 2023, principal officers of a company may also be held liable individually unless they can prove that the breach occurred without their connivance or consent. This shows how far-reaching liability can be, hence why an understanding of these provisions is important.
Defamation and the digital shift
The book in Chapter 10, titled “Defamation,” takes a close look at the connection between defamation and social media, in its discourse on social media abuse.
Defamation is generally understood as an incorrect spoken or written statement published about a person that is likely to harm their reputation. The digital age complicates this, as mass publication occurs instantaneously.
The author highlights legislative efforts to manage digital abuse, noting that Section 24 of the Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015, criminalises sending messages through computer systems or networks that:
• Are grossly offensive, pornographic, or of an indecent, obscene, or menacing character;
• Are known to be false, causing annoyance, danger, insult, injury, enmity, hatred, or ill will;
• Are intended to bully, threaten or harass another person, placing that person in fear of death, violence, or bodily harm.
This discussion reveals the author’s attention not only to the common-law origins of defamation (libel and slander) but also to modern statutory interventions, such as the Cybercrimes (Prohibition, Prevention, etc.). Act, 2015 (as amended in 2024), which defines and penalises digital communications that injure reputation or cause emotional distress.
It shows how the book thoughtfully balances the fundamental right to freedom of expression with the need to prevent harm from careless or harmful online posts, which is particularly relevant given how social media can quickly elevate or diminish reputation.
The COVID-19 impact on employer’s liability
In Chapter 4, titled “Employer’s Liability,” the book examines how the COVID-19 pandemic has introduced new dimensions to workplace liability.
The core tort duty of an employer remains a personal and non-delegable obligation to exercise reasonable care for the safety of employees. This includes providing competent staff, adequate plant and equipment, a safe system of work, and safe premises.
The pandemic, however, brought additional considerations. Employers now need to factor in infectious disease risks and make necessary adjustments to workplace operations. Ensuring a safe system of work requires implementing new safety precautions, updating instructions, and enforcing adherence to public health guidelines.
Through this discussion, the book confirms that the definition of a safe workplace and a safe system of work must be continually updated to reflect the changing circumstances and best practices.
‘Contemporary Law of Tort in Nigeria’ by Uche Val Obi, SAN, is a valuable reference text and practical guide for students, lecturers, practitioners, and all interested in the subject.
In this book, tort law is presented as a living discipline, responsive to contemporary challenges and evolving societal demands. I confidently recommend this work to all who seek a resource that is rigorous, relevant, and immediately applicable to modern Nigerian legal practice.
I congratulate the Learned Senior Advocate for a well-considered and timely resource. I have no doubt that many will benefit from this work.
• Ajogwu, OFR, SAN, is a Professor of Corporate Governance at the Lagos Business School. He holds a Ph.D in Law from the University of Aberdeen.
