VISITING THE CONCEPT OF CORPORATE CRIMINAL LIABILITY

ABSTRACT

Company law forms one of the major areas of law today in Nigeria. The basis of this research work is to focus on the concept of criminal liability of corporations in Nigeria. In this regard, it basically looks at the corporation as a legal personality or as a person who can be liable for a crime just like a natural person. And therefore it looks at the various crimes that can be committed by a company under Nigerian law and the corresponding penalties for such an offence or offences.

    Chapter one focus on the nature of corporate personality which refers to the fact that a company can sue and be sued in its own name, the definition of a company and how a corporation is established. 

   Chapter two focus on mental element in crime,(actus reus and mens rea) its effect on persons and its imputation on a company and criminal liability and the various statutes covering it. 

    Chapter three covers the circumstances and the cases where corporation is guilty of offences and also the principle of vicarious liability, where the master is made liable for the acts of his servant. 

In conclusion, this research work will also focus on the provisions of the criminal codes and statutes on the criminal liability of corporations and its employees.

TABLE OF CONTENTS

TITLE PAGE…………….………………………………...………………………..i

CERTIFICATION ii

DEDICATION iii

ACKNOWLEDGEMENT iv

TABLE OF STATUTES vi

ABBREVIATIONS vii

LIST OF CASES viii

TABLE OF CONTENTS xi

ABSTRACT xiii

CHAPTER ONE 1

1.1 INTRODUCTION 1

1.2 THE NATURE OF CORPORATE LEGAL PERSONALITY 5

2.3 CREATION OF CORPORATIONS 5

CHAPTER TWO 9

MENTAL ELEMENT IN CRIME 9

2.1 ACTUS REUS 9

2.2 MENS REA 11

2.2.1 INTENTION 11

2.2.2 RECKLESSNESS 12

2.2.3 NEGLIGENCE 13

2.2.4 ACCIDENT 13

2.2.5 UNCONSCIOUSNESS 13

2.3 CORPORATE CRIMINAL LIABILITY 14

2.3 CRIMINAL LIABILITY OF CORPORATIONS UNDER     STATUTES 19

CHAPTER THREE 23

3.0 BODIES THROUGH WHICH CORPORATIONS CAN BE HELD CRIMINALLY LIABLE 23

3.1 ACTS OF SHAREHOLDERS 23

3.2 ACTS OF DIRECTORS 25

3.3 ACTS OF AGENTS 29

3.4 VICARIOUS LIABILITY 32

CHAPTER FOUR 35

4.1 CONCLUSION 35

4.2 RECOMMENDATION 36

BIBLIOGRAPHY 38

DICTIONARIES 39