by Omowunmi Oladokun
Vicarious liability in Nigeria is a legal responsibility where an employer is held liable for the wrongful acts or tortious act committed by an employee/ agents as long as the act was committed in the course of employment of the employer.
An employer is responsible for the tortious negligence of an employee/agents and not that of an independent contractor.
Independent contractor is a self-employed person or freelancer hired on contract to perform a specific service or project for a company rather than working as an employee. It’s always on a one off basis and consideration is always passed.
Three elements are necessary to prove Vicarious Liability in Nigeria:
1.There must be a valid employment or legally recognized agency/employment relationship between the employer and the employee.
Bello v Dadah & Anor.2016) LPELR.
The Court of Appeal held that the doctrine of vicarious liability is strictly based on the existence of a master-servant or principal-agent relationship.
2.The employee /agent must have committed a civil wrong.
In Sharon Paint & Chemical Co. Ltd v. Ezenwa. The court held that vicarious liability is real and an employer must answer for the civil wrong of his employee.
3.The wrongful act must have occurred while the employee was working for the employer i.e in the course of employment and it is within the scope of his employment i.e job description in the contract of employment.
Total Nigeria Ltd. V. Oku. The court held that an employer is liable when a servant commits a wrongful act in the course of employment, in as much as he hasn’t deviated from the job. (i e go on frolic of his own”).
In conclusion, Vicarious Liability is real under Nigerian employment/labour law and the court will always take it out on the employer notwithstanding.
