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Periodical article Periodical article ASC Leiden catalogue ASC Leiden catalogue WorldCat catalogue WorldCat
Title:Criminal liability of corporations in Nigeria: a current perspective.
Author:Okoli, Chijioke
Year:1994
Periodical:Journal of African Law
Volume:38
Issue:1
Pages:35-45
Language:English
Geographic term:Nigeria
Subject:company law
Abstract:Prior to the enactment in 1990 of the new Companies and Allied Matters Act (CAMA), the concept of corporate criminal liability under Nigerian law was rooted in case law. CAMA promises a regime of strict regulation of corporate activities in Nigeria and clarifies the law on corporate criminal liability. Its relevant provisions appear to be in substantial respects a codification of the principles established by case law. Section 1 creates a Corporate Affairs Commission. It is envisaged that there will be a substantially stricter surveillance of the activities of corporations as a result, and that henceforth corporate lawlessness will be adequately punished. The rules of practice and procedure for the prosecution of natural persons are equally applicable to corporations. To date, the recent case of Adeniji v. The State is the most exhaustive discussion of the concept of corporate criminal liability in Nigeria, especially as it concerns the individual liability of officers of a corporation. CAMA also contains some specific and far-reaching provisions regarding directors' liability in the context of corporate criminal liability. Note, ref.