IOSR Journal Of Humanities And Social Science (IOSR-JHSS), 2017
The essence of this Paper to look beyond the debate on corporate criminal liability in Nigeria wh... more The essence of this Paper to look beyond the debate on corporate criminal liability in Nigeria which clearly has been exhausted and hinged on established principles of English law and half a century of judicial reviews by English and Nigerian courts. The primary aim is to tread the uncharted path of determining the nature , level and basis of attributing wilful blindness of those considered the company's 'directing minds and will' to the company itself in money laundering and terrorism financing prosecution. Thus the applicability of the alter ego doctrine will lay the intellectual and jurisprudential analysis of the doctrine of wilful blindness as an offshoot of the larger concept of corporate criminal liability in Nigeria. More importantly the Paper will look at the determination of criminal intent of Directors of a company and criminal liability of the company itself.
It is quite clear that the Nigerian approach to corporate criminal liability is in tandem with th... more It is quite clear that the Nigerian approach to corporate criminal liability is in tandem with the direction taken in the UK and the doctrinal affinity has indicated that the jurisprudence in Nigeria as well as its Jurists have taken a stand that hinges on the attribution principles. Thus in many ways the criminal justice system in Nigeria has accepted the conclusion that corporate persons, although juristic, can be held liable for criminal infractions. This Paper looks through the different doctrinal approaches that affords the Nigerian system the comfort of attributing acts of natural persons to a company in determination of its criminal liability. More so there is that concern that beyond the doctrinal struggles there are implementation and enforcement challenges to the whole idea of criminal liability of non-natural persons, such as corporate entities.
IOSR Journal of Business and Management (IOSR-JBM), 2017
Nigeria's approach to corporate governance and its regulation has taken the United Kingdom's path... more Nigeria's approach to corporate governance and its regulation has taken the United Kingdom's path; as with most of its legal concepts. This approach is based on the self-regulating premise of 'comply or explain' enshrined in the United Kingdoms' Combined Codes of Corporate Governance; a parallel to the prescriptive regime in the United States. This Paper is of the opinion that the regulatory and operating environment in Nigeria is weak and lacks the capacity to effectively enforce a corporate governance regime that is voluntary and self-regulating. Hence, a more prescriptive approach, similar to the Sarbanes-Oxley Act of the United States, will be more suited for Nigeria's regulatory landscape.
IOSR Journal Of Humanities And Social Science (IOSR-JHSS), 2017
The essence of this Paper to look beyond the debate on corporate criminal liability in Nigeria wh... more The essence of this Paper to look beyond the debate on corporate criminal liability in Nigeria which clearly has been exhausted and hinged on established principles of English law and half a century of judicial reviews by English and Nigerian courts. The primary aim is to tread the uncharted path of determining the nature , level and basis of attributing wilful blindness of those considered the company's 'directing minds and will' to the company itself in money laundering and terrorism financing prosecution. Thus the applicability of the alter ego doctrine will lay the intellectual and jurisprudential analysis of the doctrine of wilful blindness as an offshoot of the larger concept of corporate criminal liability in Nigeria. More importantly the Paper will look at the determination of criminal intent of Directors of a company and criminal liability of the company itself.
It is quite clear that the Nigerian approach to corporate criminal liability is in tandem with th... more It is quite clear that the Nigerian approach to corporate criminal liability is in tandem with the direction taken in the UK and the doctrinal affinity has indicated that the jurisprudence in Nigeria as well as its Jurists have taken a stand that hinges on the attribution principles. Thus in many ways the criminal justice system in Nigeria has accepted the conclusion that corporate persons, although juristic, can be held liable for criminal infractions. This Paper looks through the different doctrinal approaches that affords the Nigerian system the comfort of attributing acts of natural persons to a company in determination of its criminal liability. More so there is that concern that beyond the doctrinal struggles there are implementation and enforcement challenges to the whole idea of criminal liability of non-natural persons, such as corporate entities.
IOSR Journal of Business and Management (IOSR-JBM), 2017
Nigeria's approach to corporate governance and its regulation has taken the United Kingdom's path... more Nigeria's approach to corporate governance and its regulation has taken the United Kingdom's path; as with most of its legal concepts. This approach is based on the self-regulating premise of 'comply or explain' enshrined in the United Kingdoms' Combined Codes of Corporate Governance; a parallel to the prescriptive regime in the United States. This Paper is of the opinion that the regulatory and operating environment in Nigeria is weak and lacks the capacity to effectively enforce a corporate governance regime that is voluntary and self-regulating. Hence, a more prescriptive approach, similar to the Sarbanes-Oxley Act of the United States, will be more suited for Nigeria's regulatory landscape.
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