Legal Blackout: What Occurs When A Professional Negligence Case Slips Through Regulatory Gaps in Nigeria?
INTRODUCTION
In any society, professionals like doctors, lawyers, engineers, and accountants play crucial roles in shaping lives and communities. With that influence comes a responsibility, such as accountability, which is non-negotiable. In Nigeria, as in many other countries, there are laws and regulatory bodies meant to uphold professional standards and protect the public. Yet, the reality on the ground tells a different story. Too often, cases of professional negligence slip through the cracks and get lost in a maze of legal grey areas, weak enforcement, and institutional sluggishness. These situations, often described as a “legal blackout,” leave victims with no path to justice and professionals free from consequences. It’s more than just a legal failure; it’s a deep betrayal of public trust and a sign of a system in urgent need of reform.
UNDERSTANDING PROFESSIONAL NEGLIGENCE IN NIGERIA
Professional negligence, commonly known as “malpractice,” arises when a professional’s action falls short of the established standards within their field, resulting in harm to a client. This failure to uphold their professional duty constitutes malpractice. Such negligence typically occurs when a professional does not fulfil their responsibilities to the expected standard. Professionals who may be liable for this include doctors, lawyers, accountants, engineers, and IT specialists[1].
Professional negligence occurs when a professional fails to exercise the degree of skill or care that is reasonably expected of them, leading to harm or loss. In Nigerian law, such failures may trigger civil liability under the tort of negligence and disciplinary actions by professional regulatory bodies.
Examples of Regulatory Bodies In Nigeria:
- Medical and Dental Council of Nigeria (MDCN) – for Medical practitioners[2].
- Legal Practitioners Disciplinary Committee (LPDC) – for Lawyers[3].
- Council for the Regulation of Engineering in Nigeria (COREN) – for Engineers[4].
These bodies are tasked with upholding professional standards, investigating complaints, and imposing sanctions. Yet, in most cases, the system breaks down, and neither justice nor accountability is achieved.
ELEMENTS OF NEGLIGENCE[5]
- Duty of Care[6]
This refers to the legal obligation placed on individuals or organisations to exercise reasonable care when performing any acts that could foreseeably harm others. For example, doctors owe a duty of care to other patients. - Breach of Duty
A breach occurs when a person fails to meet the standard of care expected in a given situation. This means they acted (or failed to act) in a way that a reasonably prudent person would not have. - Causation
There must be a direct link between the breach of duty and the harm suffered. - Damages
The injured party must have suffered actual harm or loss, whether physical, emotional, or financial, as a result of the breach. Without proven damages, a negligence claim cannot succeed.
TYPES OF PROFESSIONAL NEGLIGENCE
Professional negligence can occur in various fields when a specialist fails to meet the expected standards of their profession, resulting in harm or loss to a client. Below are common types of professional negligence:
- Legal Negligence
Legal negligence happens when a legal professional, such as a lawyer/solicitor, fails to provide the appropriate level of care and competence while advising or representing a client. Examples of legal negligence include: - Failing to secure a fair settlement
- Missing critical deadlines
- Poor or insufficient communication with clients
- Medical Negligence
Also referred to as medical malpractice, this type of negligence occurs when healthcare professionals act carelessly or omit necessary steps, deviating from the standard of care expected in the medical field[7]. Under personal injury law, medical professionals are required to provide care that aligns with what a reasonably skilled professional would offer under similar conditions. Failing to meet this standard may constitute medical negligence. Healthcare providers who could be subject to a medical negligence claim include: - Doctors
- Nurses
- Dentists
- Lab technicians
- Financial Negligence
Financial negligence arises when financial professionals fail to act in the best interests of their clients, leading to missed investment opportunities or financial losses[8]. If a financial expert breaches their duty of care, you may have grounds for a financial advisor negligence claim. Professionals who may be liable for financial negligence include: - Accountants
- Auditors
- Insurance brokers
- Financial advisors
- Stockbrokers
- Tax advisors
- Construction and Engineering Negligence
This type of negligence occurs when construction or engineering professionals do not adhere to required safety or quality standards, causing harm, structural failure, or financial loss. For instance, if an engineer uses substandard materials and the building later collapses, the client may pursue a professional negligence claim for damages.
WHAT CONSTITUTES A LEGAL BLACKOUT?
A legal blackout arises when a valid claim of professional negligence is mishandled, dismissed, or ignored due to systemic dysfunctions. Several factors contribute to this phenomenon:
- Jurisdictional Confusion – Victims often find themselves unsure whether to pursue redress through the courts, the relevant professional body, or an alternative dispute resolution mechanism. Where multiple paths are attempted, jurisdictional clashes or procedural delays can halt progress entirely.
- Weak Regulatory Oversight – Many professional bodies in Nigeria lack the resources, independence, or will to enforce disciplinary measures effectively. Complaints may languish unresolved for years, while professionals with multiple allegations remain in active practice. For instance, Ada, a young mother, lost her newborn due to medical malpractice during childbirth. Despite lodging a formal complaint with the MDCN, she was bogged down by bureaucratic demands and procedural bottlenecks. Lacking funds for civil litigation, her pursuit of justice ended in silence.
- Corruption and Conflict of Interest – Regulatory institutions are sometimes compromised by internal politics and conflicts of interest. Panels may include members who are professionally or personally close to the accused, resulting in bias, case suppression, or outright dismissal of complaints.
- Inadequate Precedents and Legal Awareness – There is a scarcity of well-documented case law on professional negligence in Nigeria. This legal uncertainty discourages victims and even lawyers from pursuing cases, further entrenching the culture of impunity.
RECOMMENDATIONS
To prevent further legal blackouts and restore public confidence in professional accountability, comprehensive reforms are imperative:
1. Legislative Clarity and Jurisdictional Harmonisation – Frameworks must define the respective jurisdictions of regulatory bodies. This will eliminate overlaps and streamline the path to justice.
2. Strengthening Regulatory Institutions – Professional regulatory bodies must be made independent, well-funded, and accountable. Statutory timelines for the investigation and resolution of complaints should be strictly enforced. External audits and public performance reporting should be institutionalised.
3. Expansion of Legal Aid – Legal aid schemes should be expanded to cover civil claims arising from professional negligence, with contributions from government, civil society, and the private sector.
4. Legal Literacy and Public Awareness – Citizens must be informed of their rights and the procedures for holding professionals accountable. National awareness campaigns via media, community workshops, and seminars can empower the public and deter professional negligence.
5. Judicial Reforms and Special Tribunals – Dedicated civil claims tribunals or fast-track divisions within the Court system should be established to handle professional negligence cases efficiently and expertly, reducing delays and improving outcomes.
The occurrence of legal blackouts in professional negligence cases highlights a critical weakness in Nigeria’s justice and regulatory systems. When professionals are shielded from accountability by institutional inactivity, it not only injures individual victims but discourages collective faith in the professions themselves.
References
[1] https://www.vplaw.com/what-is-professional-negligence-called/
[2] https://www.mdcn.gov.ng/
[3]https://awjai.org/lpdc-addressing-lawyer-misconduct-in-nigeria/#:~:text=Established%20under%20the%20Legal%20Practitioners,few%20months%20to%20several%20years.
[4] https://coren.gov.ng/
[5] https://lawcentriole.com/understanding-negligence/
[6] https://www.findlaw.com/injury/accident-injury-law/proving-fault-what-is-negligence.html
[7] https://pmc.ncbi.nlm.nih.gov/articles/PMC7245980/
[8] https://accountinginsights.org/what-is-financial-negligence-and-what-are-the-consequences/
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