BALANCING THE SCALES: AN IN-DEPTH EXAMINATION OF THE ADMINISTRATION OF CRIMINAL JUSTICE ACT 2015 AND CORPORATE LIABILITY FOR HOMICIDE

Abstract

The Administration of Criminal Justice Act (ACJA) 2015 represents a significant milestone in Nigeria's legal system, significantly improving procedural efficiency and aligning with international standards. Despite this progress, outdated substantive laws, such as the Criminal and Penal Codes, inadequately address corporate liability for homicide, presenting a significant challenge. This paper thoroughly examined the issues arising from this disparity, particularly the obstacles in prosecuting corporate entities for homicide. Through a comprehensive analysis of primary and secondary data, the paper identified substantial gaps in Nigeria's legal framework, including the lack of explicit statutory provisions on corporate homicide. It revealed that while the ACJA improved procedural processes, the absence of corresponding reforms in substantive law severely limited the effectiveness of prosecuting corporate entities. The current legal framework's failure to define corporate liability for homicide created legal ambiguities that undermined corporate accountability and justice. Consequently, the paper stressed the urgent need to harmonise Nigeria's procedural and substantive laws, proposing a comprehensive legal reform approach. Key recommendations encompassed amending the Criminal and Penal Codes to explicitly address corporate liability for homicide, closing legal loopholes, and developing a cohesive legal framework that integrates procedural advancements with substantive clarity. These proposed reforms are crucial for enhancing corporate accountability and ensuring a fairer, more effective legal system in line with international standards.