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 Periodical article |
 Leiden University catalogue |
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| Title: | Corporate criminal liability under Nigerian environmental law |
| Author: | Okon, Equere E. |
| Year: | 1993 |
| Periodical: | Lesotho Law Journal: A Journal of Law and Development |
| Volume: | 9 |
| Issue: | 1 |
| Pages: | 171-184 |
| Language: | English |
| Geographic term: | Nigeria |
| Subjects: | liability environmental law |
| Abstract: | The more serious cases of damage to the environment are caused by corporate entities. The Harmful Wastes Decree no. 42 of 1988 and the Federal Environmental Protection Agency Decree no. 58 of 1988, which provide the basic legal framework for environmental regulation in Nigeria, both contain pertinent statutory provisions dealing with instances when individual corporate officers as well as the company can be held liable for environmental offences. The author briefly looks at corporate criminal liability in Nigeria and the rationale for its imposition before considering in some detail the salient provisions of the Nigerian environmental legislation which imposes liability on corporate polluters. He examines the various offences created as well as the defence statutorily provided for, and argues in favour of the adoption of other forms of sanctions than those currently imposed, as well as the need for courts to exercise caution when considering cases involving a corporate breach of environmental regulations. His argument is based largely on the fact that the offences created do away with the traditional presumption of innocence, and impose both strict and vicarious liability whereby corporate officers are liable for crimes committed by the company. Notes, ref. |