AN APPRAISAL OF TRESPASS TO PERSON AS A TORTIOUS ACTION UNDER THE NIGERIAN LAW OF TORT

The tort of trespass to the person remains one of the most vital mechanisms in Nigerian tort law for the protection of individual liberty and physical integrity. This study examines assault, battery, and false imprisonment, three distinct forms of trespass to person and evaluates their application, interpretation, and enforcement under Nigerian law. Drawing on constitutional provisions, statutory instruments, and judicial precedents, the study analyzes how these torts operate to deter violations and offer remedies to victims. It identifies that despite robust legal frameworks, including the Constitution, the Criminal Code, and the Violence Against Persons (Prohibition) Act, implementation and public awareness remain limited. The study underscores the importance of legal awareness as a vehicle for access to justice and critiques the prevailing knowledge gaps among Nigerians regarding their civil rights. Additionally, the work reviews the effectiveness of institutional mechanisms such as the National Human Rights Commission and the Legal Aid Council, while exploring key defences available to defendants and remedies available to claimants in actions for trespass to person. The research adopts a doctrinal methodology, relying on both primary and secondary sources, and includes a comparative perspective drawn from common law jurisdictions. The findings reveal persistent enforcement gaps, inadequate public education, and judicial delays. Consequently, the study advocates for codification of tort law, human rights training for law enforcement officers, broader public enlightenment, and strengthened institutional responses. This study contributes to academic discourse and informs practical reform towards enhancing the protection of personal rights in Nigeria by appraising both legal doctrine and enforcement realities.