Abstract
Objectives: This paper is a critical evaluation of the compensation system for personal injury tort in Nigeria. The present compensation system under the law of tort leaves many victims of personal injury uncompensated in Nigeria. This stems from many factors, including the fact that traditional tort theory of no liability without fault has continued to be the principal basis for liability. This is in spite of the heavy criticisms of the tort regime as an ineffective mode of compensation. Through an analytical assessment of selected core heads of claims in tort, the paper reveals the inadequacy in the foundations of tort law and its regulation of claims for personal injury in Nigeria.
Implications: It finds that fault as the primary foundation of tort law in Nigeria creates a large volume of uncompensated plaintiffs, who, without an efficient alternative social security to fall upon, have to personally bear their losses. In the light of this, the paper uses examples from other jurisdictions to recommend that tort law in Nigeria is in need of more legislative intervention.
Value: The paper recommends that the provision of a sustainable compensation system for personal injury is imperative for social justice in Nigeria