By Yejide Gbenga-Ogundare
![](https://thenigerialawyer.com/wp-content/uploads/2024/04/Idrinstitute.jpg")
On April 8, the police command in Osun State, Osogbo, through its spokesperson, Yemisi Opalola, warned dog owners to cage their pets or risk arrest, adding that the warning became necessary following the increasing rate of dog attacks on people in the state.
She said allowing dogs to roam unrestrained, violates the Dog Act Cap 35 Law of the Federation of Nigeria and reiterated that “if any dog gets loose and bites anybody outside the compound, it is an offence,” she added. The command is using this medium to draw the attention of members of the public, especially those rearing or breeding dogs, especially exotic ones for guard/security purposes or otherwise, to the increasingly recent attacks on people by dogs.
“To this end, the Police Command enjoins members of the public to restrain their dogs in their houses in cages/leashes with a view to reducing attacks on people.
“They should further vaccinate these dogs in order to reduce the risk of contracting rabies which can be deadly if these dogs happen to bite individuals.”
This is not the first time such an issue will come up. In October 2016, following the annual recurrence of deaths from rabid dog bites in Lagos State, the Nigeria Veterinary Medical Association (NVMA), Lagos State chapter, called on the state government to review existing dog laws in the state to encourage responsible dog ownership.
During the commemoration of the 2016 World Rabies Day, the chairman of NVMA, Dr. Alao Mobolaji, said in order to avoid occurrences of deaths from rabid dog bites, the state needed to revisit the dog laws last reviewed in 1964.
“The existing dog law in Lagos State is obsolete and cannot effectively ensure responsible dog ownership. It was first enacted in 1943 and last reviewed in 1964 before a vaccine for dogs against rabies was discovered.
“The state needs to improve its veterinary service because currently there is no veterinary hospital in Lagos that can diagnose rabies,” he said then.
Fatalities
Indeed, cases of dog bite have been an issue in Nigeria for ages. On September 15, 2021, 10 dogs belonging to the Proprietor of Global Growth Academy, Amokpo, Umuanunwa, Nteje in the Oyi Local Government Area of Anambra State reportedly pounced on, and killed a three-year-old, on the school premises.
The victim, Obinna Ude, was taken to the school by his uncle, Chima Ude, for enrollment. He reportedly strayed off while his uncle was filling forms and perfecting the enrollment documentation. The dogs, on sighting the child, broke out of their cage, pounced and mauled him.
It was said that the dogs dragged the little boy to their pen where they descended on him without anyone from the school management coming to his rescue.
Also, on Tuesday, September 27, 2022, two German shepherds guarding a Catholic church allegedly bit a man, Hashiru Isah, to death outside the church premises in the Abule Egba area of Lagos State after the unguarded dogs left the church premises and strayed onto the street, where they attacked Isah, who was on his way home around 11.30 p.m. Isah was attacked in different parts of his body and was rushed to the Orile Agege General Hospital where he died.
Also on August 30, 2023, the Lagos State Police Command arraigned a 30-year-old man, Gabriel Olayiwola, for allegedly unleashing his German shepherd dog on a police officer, ASP Oyagbola Jelili, at the Ikotun Egbe area of Lagos State on three counts of wilful damage of properties and threat to life.
He was said to have unleashed the dog on the policeman who was at his residence on March 1, 2023, to arrest him after he damaged his co-tenant’s BMW X5 2013 model car during a disagreement.
Due to the incessant cases of death from stray dog bites and following the death of a boy in Badagry area of Lagos State, as a result of dog bite, in August 2010, the Lagos State Government vowed to clampdown on stray dogs within the metropolis.
Legislations
The state government, through then Commissioner for Agriculture, Chief Enock Ajiboso lamented the increase in cases of dog bite, especially by stray dogs in Badagry area and reiterated the decision to clamp down on stray dogs within the metropolis, as well as other animals in a bid to protect lives.
In a cross-sectional study conducted by Researchgate, to investigate dog bite incidences among teenagers in the age group of 13-19 years attending secondary schools in Ogun State, out of 1,178 respondents, 213 (18 percent) of the teenagers reported history of previous dog bites and majority of the attacks occurred around the home of the victims.
Across all states of the federation, the issue has been a menace for decades and various states passed laws aimed at protecting the people.
In 2020, the Oyo State Assembly passed the Dogs (Amendment) Bill, 2019, criminalising the act of dogs biting unsuspecting persons and the non-vaccination of canines kept as pets.
The bill, sponsored by the member representing Ogbomoso North constituency, Honourable Wumi Oladeji, sought to amend the Dogs Law of 1943, revised in 2000.
Following the passage of the bill, every dog-owner is now, mandated to ensure his or her dog is kept under proper control to prevent attacks on outsiders and unsuspecting visitors and dog owners who fail to properly keep their dogs are liable on conviction to a fine of N100,000 or risk six months imprisonment or both.
In the event of an attack and injury on an outsider or unsuspecting visitor, the law stipulates that the total medical expenses incurred for the treatment of the victim will be borne by the dog owner. If a dog-owner fails to treat the injured victim, he or she shall be guilty of an offence and liable on conviction to a fine of N250,000 or imprisonment for six months or both fine and imprisonment.
The victim is also empowered to proceed against the dog owner in a civil action to recover any such sum incurred as medical expenses as a result of the attack and injury from the owner’s dog.
Furthermore, it has been made mandatory to vaccinate a dog against communicable diseases including Parvovirus, Hepatitis, Leptospirosis and Rabies, and obtain a certificate of vaccination from a qualified veterinary doctor. Those who fail to have their dogs vaccinated shall be guilty of an offence and liable on conviction to a fine of N200,000 or imprisonment for six months or both.
Furthermore, the law makes it mandatory for the owner of a dog, over three months old, to obtain a licence from authorities of his or her residence or be guilty of an offence. The same also applies when the dog owner relocates to a new area, where such a person is mandated to obtain a fresh licence of the new area.
Liabilities
Aside from dog bites, there are also diverse unpleasant experiences people have when they share a fence with a pet owner. Without raising a pet, neigbours’ pets may often sneak into their compound, mess their things up, make loud noises or emit foul odours.
The law does not allow a pet to be liable; consequently, the offending neighbours cannot sue the pet. And whether they can sue the owner is also dependent on certain factors as there is no universal law passed by the National Assembly in force across Nigeria, that deals with the issue of liability for animals or pets. But individual states have their local laws that touch on such issues like the law passed in Oyo State.
Where there is no specific law on liability for the pet or animal, then the law of torts will come into play, according to legal experts Under the law of torts, there is something called scienter action that has to do with liability for animals that are vicious or dangerous. They are divided into wild animals (ferae naturae) and naturally harmless animals which may individually have vicious tendencies (mansuetae naturae).
When an animal is regarded as ferae naturae, the owner will be held liable for injury caused by the animal. On the other hand, when an animal is regarded as a mansuetae naturae, the legal requirement is to prove that the animal in question has vicious tendencies and the owner knew about it.
Experts also pointed out that aside from the scienter action process, another legal approach is to bring an action for negligence. Generally, pet owners have a duty of care to ensure that their pets do not cause harm to other people or trespass on other people’s properties.
In exercising the duty of care, pet owners ought to take reasonable steps to control or restrain their pets, such as using leashes, securing fences and providing adequate training for their pets.
If a pet owner fails to exercise reasonable care and this adversely affects a third party, they can be held liable for negligence.
Remedies
Where a case is filed against a pet owner for damage caused by the pet, the following are reliefs that can be sought under the provisions of the law; injunction, abatement or confinement and damages.
An injunction is an order compelling the pet owner to do certain things like direct instructions from court ordering that the pet must always wear a muzzle in public, or the pet owner cannot take the pet to certain locations among others while damages is awarded for monetary compensation when the pet has caused injury. This, may in addition to punitive damages, cover medical bills and cost of litigation.
Abatement or confinement is the order mandating such animals to a public facility to prevent further injury or in extreme cases for the animal to be put down (killed).
However, there are lines of defense available for a pet owner that is facing a suit for the actions of his pet to avoid penalty. Trespass may be a line of defence as the pet owner may argue that the incident is the fault of the victim, who trespassed into his property or provoked the animal.
Consent of the victim may also be a line of defense especially in cases where the victim is aware of the risk. Example of such is a veterinary doctor whose job already puts him at risk of being attacked and have impliedly consented to this risk
There is also contributory negligence; this is in cases where the pet owner is jointly liable with another person and is not solely responsible or liable. Also, it can be argued that it is an act of nature or self defence; this is when a pet is believed to have attacked someone or another pet in self defence or due to natural instinct.
Get Your Copy Today! "Drafts and Precedents on Civil Litigation" is available at the following recommended booksellers: 07051822705, lindabasil@yahoo.com
