AN EVALUATION OF CORPORATE PERSONHOOD AS THE BASIS FOR CRIMINAL LIABILITY OF CORPORATIONS IN NIGERIA

Abstract

A corporation in conducting its business may be dysfunctional to social stability by committing crimes which exposes it to various forms of liabilities. Corporate criminal liability regulation is characterised by uncertainties and conflicts across jurisdictions. As an artificial person, questions abound about whether a corporation can be held criminally liable and the quantum of punishment it can get. The crux of the argument is that corporate criminal liability for crimes of intent ran contrary to the rudiments of criminal law. This paper attempts to address the daunting challenges bedevilling this area of law and concludes that in Nigeria, the extant laws regulating corporate crimes need to be harmonized in order to attain a uniform corporate law regime that intersects corporate and criminal laws.