It is so sad to hear that a wall fence collapsed on Sunday night and killed Alloysius Aghaji, Dean of the College of Medicine, University of Nigeria Enugu Campus (UNEC), whom I know personally. I have long advocated for a law on corporate killing or corporate manslaughter in Nigeria.
Aghaji was a Professor of urology at the department of surgery who specialised in prostrate cancer and urinary diseases.
Yes, a huge loss and horrible way for this accomplished physician to die, especially one that dedicated his life to the service of fellow Nigerians when his colleagues left for greener pastures abroad
Why is a corporate killing law needed? We have had incessant reports of collapsed buildings and oil pipe explosions killing innocent Nigerians by the thousands.
It is increasingly recognized that corporations and government departments should be subject to criminal law in much the same way as individuals. However, charges for corporate manslaughter – whereby a company is convicted of involuntary manslaughter – are notoriously difficult to sustain. Here: http://elombah.com/index.php?option=com_content&view=article&id=979:a-corporate-manslaughter-law-for-nigeria&catid=38:immigration&Itemid=61
I even contacted a few Senators and Reps, but none is willing to sponsor a bill to that effect even when I offered FREE CONSULTANCY.
This law will hold the government departments, ministries and corporate bodies that should be concerned with environmental and sanitary wellbeing of the state including private companies responsible and make them sit up. It is increasingly recognized that corporations should be subject to criminal law in much the same way as individuals.
However, charges for corporate manslaughter – whereby a company is convicted of involuntary manslaughter – are notoriously difficult to sustain.
The common law position is that it is necessary to be able to identify the “directing mind of the company” (in one of its directors) who must be found to have acted in such a “grossly negligent” manner, that he or she had the mens rea (state of mind) required to commit the offence of manslaughter.
That is why it is necessary to have a new law to make it easier to prosecute companies accused of causing death because of negligence – The Corporate Manslaughter and Corporate Homicide Act.
This would clarify the criminal liabilities of companies or organizations where serious failures in the management of health and safety result in a fatality.
Companies can then be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of careUnder the new offence of corporate manslaughter, employers may face large fines if it is proved they failed to take proper safety precautions.
Under the new law, Proof is no longer needed that a single senior official was to blame, only that senior management played a role.
A law on corporate killing or corporate manslaughter ensures improved justice for victims of corporate failures; it will send out a very powerful deterrent message to those organisations which do not take their health and safety responsibilities seriously.
Only by creating the possibility that directors will go to jail will there be a change of culture in the construction industry.
Daniel Elombah (LLM)