NBA seeks severe punishment for offence of Corporate manslaughter
(Nigeria) The Nigeria Bar Association, Monday, called
for ``severe punishment’’ for the offence of corporate manslaughter to
serve as a deterrent to companies whose gross negligence of duty leads
to death.
The association made the call on Monday in Abuja in a submission at a
public hearing on a Bill for an Act to create the offence of Corporate
Manslaughter and Matters Incidental therein, 2013.
Mr Paul Erokoro, a Senior Advocate of Nigeria, SAN, made the submission on behalf of the association at the hearing organised by the Senate Committee on Judiciary, Human Rights and Legal Matters.
Erokoro called for a review of the punishment recommended in the bill for persons and organisation found guilty of corporate manslaughter.
He said severe punishments would hold companies accountable for deaths caused by negligence, dereliction of duty and incompetence.
The bill had proposed a fine of not less than N500,000 and not more than N500 million for any organisation found guilty of corporate manslaughter.
Also a person convicted of the crime is liable to a minimum of three years and maximum of seven-year prison terms with an option of fine from N100,000 to N1 million.
Erokoro said: ``There should be no limit on how much punishment a court can award that is what we see in other jurisdiction.
``For corporate manslaughter the punishment should be so severe so as to act as a deterrent.''
The NBA representative also questioned the scope of coverage of the bill, vis-à-vis ministries of government and statutory corporations.
He said it would be ``counter-productive’’ for agencies of government to come under the general umbrella of this bill.
``If a statutory corporation of government is tried and convicted and it pays a fine to government, the net result is a loss to government.
``There are better ways of punishing those in government, who do not carry out their duties properly but clearly it will be ridiculous in my view for the AGF to file a case against the Ministry of Works,’’ he said.
Erokoro said prosecutions on offences of corporate manslaughter prosecutions could be made by the Attorney-General of the Federation or State, the Director of Public Prosecution or the police.
``There is no need for the section that lists those who can make prosecutions, we need to leave that out because our exiting law says the AGF or state can prosecute so we need to leave that provision out from the Bill,’’ he said.
Earlier, Sen Victor Ndoma-Egba, the Senate leader, said the proposed legislation would apply to corporate organisations in Nigeria, government agencies and the police.
Declaring the public hearing open, Ndoma-Egba (PDP-Cross River) said that limited liability companies; trade union organisations and every employer of labour would not be exempted from the law.
He said for a long time corporate organisation operating in the country had been protected from their crimes of negligence.
``The result has always been compensation for victims of the negligent acts of corporate organisations and not punishment.’’
He described the bill as novel and something that would raise the social responsibility of corporate bodies and government agencies.
Ndoma-Egba, who represented Senate President David Mark, urged the committee to exert its ``mental energies’’ on the bill to ensure a smooth passage at the National Assembly.
``I want to warn that it is something novel so we must come out of our closet and look at it as something that is new,’’ he said.
In his submission, sponsor of the bill, Sen. Pius Ewherido (PDP-Delta) said the bill was inspired by the Dana plane crash of June 3, 2012, which killed 153 persons on board.
Ewherido said the crash, believed to have been caused by dual engine failure, was as a result of negligence of the company which resulted in the deaths of several people.
He said the bill would bring Nigeria laws up to date with existing legislation in other jurisdiction such as Wales, UK and Hongkong, where corporate manslaughter is a crime.
Also speaking, Sen. Umaru Dahiru (PDP-Sokoto), the Committee Chairman, described the bill as legally and intellectually challenging.
He said the bill when passed into law would greatly affect company law, criminal law and law of tort in the country.
The bill received support from the Ministry of Works, Federal Road Safety Commission, FRSC, the office of the Attorney-General of Delta State, labour unions and lawyers.
However, their were notable absentees, including the police, Interior Ministry, Ministry of Defence, Prisons, Nigeria Immigration Service and the Nigeria Customs Service.
Mr Paul Erokoro, a Senior Advocate of Nigeria, SAN, made the submission on behalf of the association at the hearing organised by the Senate Committee on Judiciary, Human Rights and Legal Matters.
Erokoro called for a review of the punishment recommended in the bill for persons and organisation found guilty of corporate manslaughter.
He said severe punishments would hold companies accountable for deaths caused by negligence, dereliction of duty and incompetence.
The bill had proposed a fine of not less than N500,000 and not more than N500 million for any organisation found guilty of corporate manslaughter.
Also a person convicted of the crime is liable to a minimum of three years and maximum of seven-year prison terms with an option of fine from N100,000 to N1 million.
Erokoro said: ``There should be no limit on how much punishment a court can award that is what we see in other jurisdiction.
``For corporate manslaughter the punishment should be so severe so as to act as a deterrent.''
The NBA representative also questioned the scope of coverage of the bill, vis-à-vis ministries of government and statutory corporations.
He said it would be ``counter-productive’’ for agencies of government to come under the general umbrella of this bill.
``If a statutory corporation of government is tried and convicted and it pays a fine to government, the net result is a loss to government.
``There are better ways of punishing those in government, who do not carry out their duties properly but clearly it will be ridiculous in my view for the AGF to file a case against the Ministry of Works,’’ he said.
Erokoro said prosecutions on offences of corporate manslaughter prosecutions could be made by the Attorney-General of the Federation or State, the Director of Public Prosecution or the police.
``There is no need for the section that lists those who can make prosecutions, we need to leave that out because our exiting law says the AGF or state can prosecute so we need to leave that provision out from the Bill,’’ he said.
Earlier, Sen Victor Ndoma-Egba, the Senate leader, said the proposed legislation would apply to corporate organisations in Nigeria, government agencies and the police.
Declaring the public hearing open, Ndoma-Egba (PDP-Cross River) said that limited liability companies; trade union organisations and every employer of labour would not be exempted from the law.
He said for a long time corporate organisation operating in the country had been protected from their crimes of negligence.
``The result has always been compensation for victims of the negligent acts of corporate organisations and not punishment.’’
He described the bill as novel and something that would raise the social responsibility of corporate bodies and government agencies.
Ndoma-Egba, who represented Senate President David Mark, urged the committee to exert its ``mental energies’’ on the bill to ensure a smooth passage at the National Assembly.
``I want to warn that it is something novel so we must come out of our closet and look at it as something that is new,’’ he said.
In his submission, sponsor of the bill, Sen. Pius Ewherido (PDP-Delta) said the bill was inspired by the Dana plane crash of June 3, 2012, which killed 153 persons on board.
Ewherido said the crash, believed to have been caused by dual engine failure, was as a result of negligence of the company which resulted in the deaths of several people.
He said the bill would bring Nigeria laws up to date with existing legislation in other jurisdiction such as Wales, UK and Hongkong, where corporate manslaughter is a crime.
Also speaking, Sen. Umaru Dahiru (PDP-Sokoto), the Committee Chairman, described the bill as legally and intellectually challenging.
He said the bill when passed into law would greatly affect company law, criminal law and law of tort in the country.
The bill received support from the Ministry of Works, Federal Road Safety Commission, FRSC, the office of the Attorney-General of Delta State, labour unions and lawyers.
However, their were notable absentees, including the police, Interior Ministry, Ministry of Defence, Prisons, Nigeria Immigration Service and the Nigeria Customs Service.
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