Original Theory of Non-Compensatory Damages in Nigerian Private Law: Punishment, Deterrence, and Justice

Non-compensatory damages, including aggravated, exemplary, and nominal damages, perform functions in private law that go beyond compensating plaintiffs, serving deterrence, punishment, and vindicatory objectives that are theoretically contested and practically underutilised in Nigerian private law. This study develops an original theory of non-compensatory damages in Nigerian private law, constructing a coherent theoretical framework that justifies and defines the conditions for their award across tort, contract, fiduciary, and equitable contexts. Using a pluralist theoretical methodology combining philosophical analysis of the purposes of private law remedies, doctrinal analysis of 60 Nigerian non-compensatory damages cases from 2010 to 2024, and comparative study of exemplary damages jurisprudence in England, Australia, Canada, and South Africa, the research evaluates the current state of Nigerian non-compensatory damages law and advances the Remedial Pluralism Theory (RPT) as its original contribution. The RPT posits that a mature private law system must accommodate multiple remedial objectives, including deterrence, punishment, and vindication, and provides principled criteria for their deployment in the Nigerian context. Field interviews with 35 senior litigators and 15 academic lawyers in Lagos, Abuja, and Port Harcourt ground the theoretical analysis in contemporary practice. Findings reveal that Nigerian courts are theoretically confused about the purposes and limits of non-compensatory damages, resulting in their inconsistent and inadequate deployment. Recommendations include Supreme Court guidance, legislative definition of non-compensatory damages categories, and judicial training on remedial pluralism. Keywords: non-compensatory damages, exemplary damages, private law remedies, deterrence, punitive awards