CAN MALICIOUS PROSECUTION IN NIGERIA ARISE FROM A CIVIL ACTION?

Abstract

Malicious prosecution was invented by common law to address and compensate victims of groundless litigation brought maliciously without reasonable and probable cause; and it has been predominantly applied as a cause of action in unsuccessful criminal prosecution. This article examined the scope of applicability of this tort in Nigeria – whether it extends to civil proceedings. The doctrinal research method was used. As a result, this article examined the law in the area as it is by reviewing the case law starting from 16th Century through to the 21st Century and where appropriate provided an explanation of the law by placing it in a useful theoretical context. Primary sources as well as secondary literature in the area were studied in the theoretical and or conceptual dimensions of the article. It was discovered that in Nigeria, the tort applies to unsuccessful civil proceedings by virtue of common law but was never resorted to and was over the years overlooked due to its definition by case law, statute, academics and authors. This article proffered a redefinition or re-description of the tort and its scope of applicability to case law and offered a solution as well. The author was not aware of any previous studies in this area.