DEFENCES TO THE TORT OF ASSAULT AND BATTERY UNDER NIGERIAN LAW: AN APPRAISAL

This work dealt on the appraisal defence to the tort of assault and battery under Nigeria law. The specific objectives of the study include: to examine the distinction between assault and batteries as presented in criminal law and that of the civil law, to critically scrutinize and explain the term assault and battery as one of the three torts of trespass to person, to differentiate between assault and battery as a civil wrong and assault and battery as presented in criminal law, to highlight the acts that constitute assault and battery in tort, as well as provide answers to the possible defences available in an assault and battery. The study adopted doctrinal research methodology which involves the use of primary and secondary data sources. The study made the following findings: while the burden of proof in criminal law is beyond reasonable doubt, to determine liability in the law of torts, it is based on the preponderance of evidence. This means that it is much easier to determine liability in the law of torts than it is in criminal law because the prosecution in criminal law must not leave any loophole so as to give cause for doubt in proving his case otherwise the prosecution will not secure conviction. However, this is not the situation in the law of tort for all that needs to be established is just the mere fact that a plaintiff has a right and that right has been infringed upon by the defendant through his actions. This is so because of the famous legal maxim ‘ubi jus ibi remedium’ and it is aimed at protecting the personal integrity and right of individuals from unlawful interference. The study concluded that assault and battery in some jurisdiction are different offences, in the Nigerian Criminal Code, both assault and battery are defined together in Section 252 of the Nigerian Criminal Code so the word assault is used to represent both assault and battery in criminal law. In criminal law, assault and battery are so intertwined that they are seldom referred to as just one cause of action. Following the findings made, the study recommended these measure as a way forward; making the offence of Assault independent of battery, creating the offence of attempted assault as well as public enlightenment as a way of educating the public on issues surrounding assault and battery.