Corporate criminal liability : towards regulating corporate behaviour through criminal sanctions in Nigeria

Abstract

This thesis aims at examining the legal framework for corporate criminal liability in Nigeria. In order to achieve the aims of this thesis, the thesis analyses relevant Nigerian legislation and case law. The thesis also analyses legislation and case law from United Kingdom and Australia not for comparison purposes but to draw lessons for Nigeria. United Kingdom and Australia were examined because they are commonwealth countries like Nigeria and thus, share similar circumstances. The thesis gives a historical background of the concept of corporate personality which is the basis of corporate criminal liability. The thesis also analyses corporate criminal liability in respect of strict liability regulatory offences and offences that requires the proof of mens rea. Based on this premise, the offences of bribery and corruption, occupational safety and corporate homicide were examined respectively. The thesis finds that the legal framework for corporate criminal liability in Nigeria is inadequate. In particular, there is an absence of a liability theory for determining the corporate mens rea. Relevant Nigerian legislation and case law do not recognise that a corporation can have a mens rea. The thesis also finds that the Nigerian criminal and corporate laws have not developed sanctions that are tailored for the corporate offender. Thus, there is a lack of adequate corporate sanctions. In addition, the thesis also analyses the challenges of corporate crime control in Nigeria and finds that there are financial and political challenges to corporate crime control in Nigeria. Also, the thesis examined the Islamic law perspective to corporate criminal liability and finds that corporate criminal liability can be accommodated under the Islamic law. As a result of these findings, the thesis recommends legislative, political and constitutional amendments which if adopted will improve the legal framework for corporate criminal liabililty in Nigeria.