Jurisdiction is no longer a threshold technicality in cross-border product liability claims. It is a commercial lever that determines where claims are heard, how liability is framed, and the cost and exposure profile for businesses operating across borders.
In this article, TEMPLARS Partner, Femi Oyewole, SAN, Managing Counsel, Orji Uka, and Associate, Uzoamaka Ikpeazu examine how Nigerian courts approach jurisdiction where defective products enter the Nigerian market.
The analysis focuses on what drives outcomes in practice: the location of harm, distribution structures, and market targeting. For manufacturers, distributors, and digital platforms, physical absence from Nigeria does not preclude exposure.
Clear risk allocation, enforceable jurisdiction and choice of law clauses, and disciplined compliance with Nigerian consumer protection standards are essential, as courts will assume jurisdiction wherever a real and substantial connection exists.