ABSTRACTCompany 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 CONTENTSTITLE PAGE…………….………………………………...………………………..iCERTIFICATION
iiDEDICATION
iiiACKNOWLEDGEMENT
ivTABLE OF STATUTES
viABBREVIATIONS
viiLIST OF CASES
viiiTABLE OF CONTENTS
xiABSTRACT
xiii
CHAPTER ONE 11.1
INTRODUCTION
11.2
THE NATURE OF CORPORATE LEGAL PERSONALITY
52.3
CREATION OF CORPORATIONS
5
CHAPTER TWO 9MENTAL ELEMENT IN CRIME
92.1
ACTUS REUS
92.2
MENS REA
112.2.1
INTENTION
112.2.2 RECKLESSNESS
122.2.3 NEGLIGENCE
132.2.4 ACCIDENT
132.2.5 UNCONSCIOUSNESS
132.3 CORPORATE CRIMINAL LIABILITY
142.3
CRIMINAL LIABILITY OF CORPORATIONS UNDER STATUTES
19
CHAPTER THREE 233.0
BODIES THROUGH WHICH CORPORATIONS CAN BE HELD CRIMINALLY LIABLE
233.1
ACTS OF SHAREHOLDERS
233.2
ACTS OF DIRECTORS
253.3
ACTS OF AGENTS
293.4
VICARIOUS LIABILITY
32
CHAPTER FOUR 354.1
CONCLUSION
354.2
RECOMMENDATION
36BIBLIOGRAPHY
38DICTIONARIES
39