Some prohibited acts doubles as criminal or tortuous acts and are therefore not only prohibited and punishable by the criminal court but are also actionable as civil wrongs in the regular civil courts. An example is the crime of assault. The current position of the law is that a person can be on trial for both the criminal aspect and as well as the civil aspect at the same time. The remedies are also concurrent; while the defendant’s tort-feasor might be imprisoned for the crime committed, he could at the same time pay damages to the Plaintiff for the tort committed. A complainant can report a case to the police for prosecution and at the same time institute civil proceedings. In effect, the rule in Smith v Selwyn[1] that the criminal aspect of an act must be prosecuted before instituting a civil action is no more applicable in Nigeria.[2]
[1](1914) 3 KB 98.
[2]Abaver v Alaga (2018) LPELR-46566(CA) 9-14 paras C-A.