LAGOS – The Chairman, Nigerian Bar Association (NBA), Ikorodu Branch, Mr Adedotun Adetunji, on Thursday commended the Senate for passing the Corporate Manslaughter Bill 2014 into law.
The law seeks to punish corporate negligence and dereliction of duty, leading to death of victims.
Adetunji, who spoke to NAN in Lagos, said that the Senate responded quickly to the need of the nation by passing the law.
“The new law is a welcome development. At least our senate was able to swiftly respond to our needs as a nation by passing the law at this crucial period,” he said.
However, the lawyer noted that the existence of veil of incorporation, which limited liability companies enjoy, may make the law ineffective.
“The law is okay for now but it can be reviewed. Nothing has been said in that law about the lifting of the veil of incorporation.
“The veil of incorporation, in this circumstance, ought to be lifted to know the personalities behind the corporate organisation that commits the offence, with a view to bringing the personalities to book.
“The law may not serve as a deterrent if the veil is not lifted and the personalities behind it imprisoned.
[eap_ad_2] “The implication is that it may not be effective.”
According to him, the provision of an option of fine for offenders in the law was baseless considering the gravity of the offence.
He said, “In my view the law ought not to provide an option of fine for offenders, I suggest that the maximum punishment for manslaughter be prescribed, which is 14 years imprisonment.
“Virtually all corporate organisations will be able to pay N500,000, the minimum fine.
“The fine at best should be in addition to the imprisonment. That would make the law very effective and serve as a deterrent.”
Adetunji urged employers of labour to always comply with the law and not have any reason to circumvent it.
He said, “Best practice should be the standard of every organisation.”
Sharing similar sentiment, another lawyer, Mr Boniface Ohemu, said that the corporate manslaughter law would help to legally protect the interest of employees.
He said, “It is good that such law is now in place. It will serve as a protection for employees because most employers do not put the interest of their employees into consideration.
“Most corporate crimes were over looked because there was no law prescribing punishment. With this development, employers will be compelled to improve on safety measures for their workers.”
Also another lawyer, Mrs Modupe Ogundipe, described the corporate manslaughter law as a novel idea which must be applauded.
According to her, the law will fill such lacuna in criminal law and penal codes of the country by finding corporate organisations guilty of criminal offences bordering on negligence.
“Scores of Nigerians, who would have been useful to the nation, lost their lives without anyone being punished for what could be described as corporate negligence.”
The Corporate Manslaughter Law is already operational in the United Kingdom, Wales and Hong Kong. (NAN)
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