The Basis Of Corporate Criminal Responsibility In Nigeria

Abstract

Corporate crime is currently one of the most delicate and disquieting topics occupying the media, the general public, academics, politicians, and criminal justice institutions in Nigeria. This essay attempts to justify the rationale behind corporate criminal liability, explores the tricky issue of mensrea as it relates to corporate entities, and offers tenable justifications for the effective implementation of corporate criminal liability in Nigeria.  The article uses a doctrinal approach to investigate conceptual clarification, theories of corporate criminal liability, corporate criminal responsibility/liability in Nigeria, techniques for determining the fundamental elements of crimes involving corporations, criminal responsibility under the Administration of Criminal Justice Act 2015 and the Companies and Allied Matters Act 2020, corporate criminal responsibility under the common law, and corporate criminal liability under the United Kingdom Corporations Act.  The study discovers that these corporate crimes have a domino effect that may not be immediately evident, such as long-term consequences on the environment and social fabric. In order to combat the growing tendency of corporate crimes, the paper advises the expenditure introduction of the Nigerian corporate manslaughter law as a distinct offense with distinct ingredients or features that can be successfully prosecuted.