CHALLENGES OF CORPORATE CRIMINAL LIABILITY IN NIGERIA

Abstract

Criminal law was originally designed for human beings. Its application has no restrictions or limitations in scope especially with regard to offences requiring mens rea. The issue of criminal responsibility was individually based. In other words, in the offences requiring the proof of mental element, the moral character of criminal law has made the individual the basic unit of responsibility. However, with the emergency of corporations and the extension of criminal law to corporations, some difficulties/challenges emerged. This article explores the challenges of corporate criminal liability in Nigeria. The paper demonstrates that the main challenge with the basis of corporate criminal liability premised on the principles of vicarious liability/ identification theory is that the legal concepts such as actus reus mens rea conspiracy, complicity, aiding and abetting etcetera designed with natural actors in mind, do not easily lend themselves to inanimate entities. It is recommended that the corporate culture model should be adopted by our legislators as one of the basis of corporate criminal liability in Nigeria.