THE APPLICATION OF THE DOCTRINE OF QUI FACIT PER ALIUM PER SE AND CORPORATE CRIMINAL LIABILITY IN NIGERIA

Abstract

Imputation of criminal liability on a company for the action of its directors, managers and other influential employees has assumed a new dimension in Nigeria’s administration of criminal justice. Activating the concurrence of actus reus and mens rea, which are the major elements of criminal liability was the early hurdle that courts had to scale. Corporate civil liability would be easier to prove because the standard of evidence is less stringent than in criminal process, qui facit per alium facit perse. The principle of legality vis-à-vis Nigeria’s legislations, especially the weakness of Nigeria’s Penal Code, has made it easy for corporate offenders to get a “slap on the wrist” punishment in the face of grievous offence against the economy. The paper adopted a library-based and comparative approach to analyse the position of law, as relates to corporate criminal liability in Nigeria, it explains how corporate bodies have been taking advantage of the loopholes in Nigeria’s criminal justice system. The paper concludedby making far-reaching and beyond borders suggestions to strengthen the law against this existential threat to the life wire of the Nigerian economy and global relevance.