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
TABLE OF STATUTESvi
LIST OF CASESviii
TABLE OF CONTENTSxi
1.2THE NATURE OF CORPORATE LEGAL PERSONALITY5
2.3CREATION OF CORPORATIONS5
MENTAL ELEMENT IN CRIME9
2.3 CORPORATE CRIMINAL LIABILITY14
2.3 CRIMINAL LIABILITY OF CORPORATIONS UNDER STATUTES19
3.0BODIES THROUGH WHICH CORPORATIONS CAN BE HELD CRIMINALLY LIABLE23
3.1ACTS OF SHAREHOLDERS23
3.2ACTS OF DIRECTORS25
3.3ACTS OF AGENTS29
Visiting the Concept of Corporate Criminal Liability
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Provocation As A Defence To Criminal Liability Provocation on its own it not a total defense as to make the accused discharged of his guilt. It reduces murder to manslaughter. This essay considers the adequacy of this defense by examining it under the penal laws of Nigeria and different centers. The general requirement is that of the deceased must... Continue Reading
Provocation on its own it not a total defense as to make the accused discharged of his guilt. It reduces murder to manslaughter. This essay considers the adequacy of this defense by examining it under the penal laws of Nigeria and different centers. The general requirement is that of the deceased must... Continue Reading
Provocation As A Defence To Criminal Liability: The Nigerian Perspective ABSTRACT One of the defences open to an accused which may exculpate or mitigate him from criminal liability is provocation. The law recognizes that human beings are prone to losing their control under extreme rage and should they react violently, justice demands that... Continue Reading
ABSTRACT One of the defences open to an accused which may exculpate or mitigate him from criminal liability is provocation. The law recognizes that human beings are prone to losing their control under extreme rage and should they react violently, justice demands that account be taken of this natural tendency of theirs in inflicting punishment. The... Continue Reading
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CHAPTER ONE INTRODUCTION 1.1 Background to the Study The criminal justice system in Nigeria with particular reference to Abia State is made up of three distinctive inter-dependent components viz.; the police, the courts and the prisons. These agencies work in synergy in the prevention, deterrence, apprehension, investigation, trial,... Continue Reading