Nigerian Judges Have Poor Mentality Towards Award Of Damages, There’s Need For Reform — J. B. Daudu, SAN

A Senior Advocate of Nigeria (SAN) and former President of the
Nigerian Bar Association, Joseph Bodunrin Daudu, popularly referred
to as JB Daudu, has expressed concern over the attitude of Nigerian
judges towards award of damages for financial loss suffered by a
litigant.

Daudu, on a Facebook
post^[1] on 12th
May, recounted how a lawyer-client of his was awarded a paltry sum
as monetary compensation against a thriving bank. According to him,
what led to the suit was that his client lost his eyes due to the
negligent driving of the staff of the bank.

He posted, “I came to this realization over 30 years ago when I
conducted an appeal for a fellow lawyer who lost an eye due to the
negligent driving of bank staff. The High Court Judge who
eventually retired as an eminent Supreme Court Justice did
everything well except award a fair compensation for his pain and
suffering and loss of his one eye, which his lordship admitted was
vital to his continued practice of law. He non the less awarded a
miserable pittance as damages against a thriving bank.

“The Appeal Court recognized that the damages awarded were
penurious or parlors and made minimal but equally unsatisfactory
upward adjustment. Being frustrated and disappointed, my learned
client instructed me that we should not bother their lordships in
the Supreme Court and we ended our 7 year quest for justice with
the minimal adjustment made by the Court of Appeal.”

The distinguished silk opined that the factors responsible for
this attitude of judges is societal and cultural background. He
also described it as poor spirit. According to him, the judges
think the beneficiary will be enriched when granted a large sum

“I have over the years pondered over this issue of the standard
and/or mentality of Nigerian Judges when it comes to the matter of
the award of fair compensation (damages ) for pecuniary losses
suffered by a litigant seeking justice from our courts. I think
that a number of factors are responsible for this oppressive state
of mind.

“Firstly, it is a product of our societal or cultural
background. That of a poor spirit. The Nigerian Judge thinks when
it comes to the matter of awarding damages that he is doing the
litigant a favour. He completely forgets the principles relevant to
the award of damages and imagines that he is doing the litigant a
favour. It is called a poor judicial mentality. I have heard Judges
make remarks like; ‘I cannot make a higher award because It will be
a disservice to enrich this man’.

“This is a typical Nigerian bad belle mentality which does not
encourage any benefit or compensation to be enjoyed by a fellow
Nigerian. This is similar to what happened when an Anti-corruption
agency in Nigeria refused to pay a whistle-blower the agreed 5% of
the sum recovered from information provided by the whistleblower.
The agency claimed (and it is on record) that the money I.e., 5% of
the said total was so mind-boggling that the whistleblower would go
literally mad if they paid him the amount he was entitled to under
the law. It took the intervention of the President of the FRN to
get them to pay him. If they eventually did, we do not know. That
is exactly how our Judges approach the matter of damages.” Daudu
said

The second reason according to the Senior Advocate of Nigeria is
that award of damages is not taught properly in universities and
the Nigerian Law School

He, therefore, call for complete reform of the mentality of the
Nigerian judges on issue of award of damages

The Facebook post further reads in part, “The subject of the
award of damages is not properly taught in our universities and law
schools. It is just the way our Magistrates and Judges approach the
issue of sentencing in criminal matters. There is a complete
disconnect between the damages awarded and the economic and
societal philosophy behind the award of damages in a modern
economy. Even the human angle is thrown overboard.

“That is why I agree that there should be a complete review or
reform in our judicial mentality when the issue of damages
arises.”

A Senior Advocate of Nigeria (SAN) and former President of the
Nigerian Bar Association, Joseph Bodunrin Daudu, popularly referred
to as JB Daudu, has expressed concern over the attitude of Nigerian
judges towards award of damages for financial loss suffered by a
litigant.

Daudu, on a Facebook
post^[1] on 12th
May, recounted how a lawyer-client of his was awarded a paltry sum
as monetary compensation against a thriving bank. According to him,
what led to the suit was that his client lost his eyes due to the
negligent driving of the staff of the bank.

He posted, “I came to this realization over 30 years ago when I
conducted an appeal for a fellow lawyer who lost an eye due to the
negligent driving of bank staff. The High Court Judge who
eventually retired as an eminent Supreme Court Justice did
everything well except award a fair compensation for his pain and
suffering and loss of his one eye, which his lordship admitted was
vital to his continued practice of law. He non the less awarded a
miserable pittance as damages against a thriving bank.

“The Appeal Court recognized that the damages awarded were
penurious or parlors and made minimal but equally unsatisfactory
upward adjustment. Being frustrated and disappointed, my learned
client instructed me that we should not bother their lordships in
the Supreme Court and we ended our 7 year quest for justice with
the minimal adjustment made by the Court of Appeal.”

The distinguished silk opined that the factors responsible for
this attitude of judges is societal and cultural background. He
also described it as poor spirit. According to him, the judges
think the beneficiary will be enriched when granted a large sum

“I have over the years pondered over this issue of the standard
and/or mentality of Nigerian Judges when it comes to the matter of
the award of fair compensation (damages ) for pecuniary losses
suffered by a litigant seeking justice from our courts. I think
that a number of factors are responsible for this oppressive state
of mind.

“Firstly, it is a product of our societal or cultural
background. That of a poor spirit. The Nigerian Judge thinks when
it comes to the matter of awarding damages that he is doing the
litigant a favour. He completely forgets the principles relevant to
the award of damages and imagines that he is doing the litigant a
favour. It is called a poor judicial mentality. I have heard Judges
make remarks like; ‘I cannot make a higher award because It will be
a disservice to enrich this man’.

“This is a typical Nigerian bad belle mentality which does not
encourage any benefit or compensation to be enjoyed by a fellow
Nigerian. This is similar to what happened when an Anti-corruption
agency in Nigeria refused to pay a whistle-blower the agreed 5% of
the sum recovered from information provided by the whistleblower.
The agency claimed (and it is on record) that the money I.e., 5% of
the said total was so mind-boggling that the whistleblower would go
literally mad if they paid him the amount he was entitled to under
the law. It took the intervention of the President of the FRN to
get them to pay him. If they eventually did, we do not know. That
is exactly how our Judges approach the matter of damages.” Daudu
said

The second reason according to the Senior Advocate of Nigeria is
that award of damages is not taught properly in universities and
the Nigerian Law School

He, therefore, call for complete reform of the mentality of the
Nigerian judges on issue of award of damages

The Facebook post further reads in part, “The subject of the
award of damages is not properly taught in our universities and law
schools. It is just the way our Magistrates and Judges approach the
issue of sentencing in criminal matters. There is a complete
disconnect between the damages awarded and the economic and
societal philosophy behind the award of damages in a modern
economy. Even the human angle is thrown overboard.

“That is why I agree that there should be a complete review or
reform in our judicial mentality when the issue of damages
arises.”