TORT – TORT CLAIM – Nature and purpose of a tort claim; differences between a tort and a crime


“A tort on the other hand is a purely civil wrong which gives rise to civil proceedings. The purpose of such proceedings being not to punish wrongdoers for the protection of the public at large, but to give an individual plaintiff compensation for the damage which he has suffered as a result of the defendant’s wrongful conduct. Another important difference between tort and crime in Nigeria is that the entire criminal law has been codified in the form of the Criminal Code of the Southern States and the Penal Code of the Northern States, whereas the law of torts remains a creation of judicial precedent modified here and there by statute.” Per HELEN MORONKEJI OGUNWUMIJU, JSC in AVIOMOH v. C.O.P & ANOR (2021-LCER-40461-SC) (Pp 22 – 22 Paras B – E)

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