6 Research Methodology
6.6 Constructing the Vignettes
6.6.2 Selecting and Presenting the Vignettes
The Criminal Code has been existing, as far back as 1916 which applied all over Nigeria until 1960 when the Penal Code came on board.361 The Criminal Code Act and the Criminal Procedure Act362 as well as the Criminal Code Laws and the Criminal Procedure Law, apply to the southern states of Nigeria except Lagos state.363 The Criminal Code Act and Criminal Procedure Act are federal legislation penalising criminal acts in southern Nigeria. These legislations made provisions for manslaughter and homicide, however it has been an ardous task convicting a company for the above named offences because of the requirement of
“mens rea” and actus reus”.364
Unfortunately, the two legislations did not make provisions on how corporations are to be held liable for offences requiring actus reus and mens rea. It is here that the problem of corporate criminal liability in Nigeria actually lies.365
360 It can now be found in Cap C20 Laws of the Federation of Nigeria 2010.
361 C Iyidiobi, „Rethinking the Basis of Corporate Criminal Liability in Nigeria‟, The Nigerian Judicial Review (2015) vol. 13,p 112.
362 Cap C. 38 Laws of the Federation of Nigeria (LFN) 2010. The Criminal Code Act and the Criminal Procedure Act are federal legislations.
363 Lagos state is governed by the Administration of Criminal Justices Law of 2007 which repealed the former Criminal Procedure Law of Lagos State 1999.
364 P Anyebe, Sentencing in Criminal Cases in Nigeria and the Case for Paradigmatic Shifts, NIALS Journal of Criminal Law and Justice (2011) vol. 1, p. 1
365 The Act came into being as Ordinance No. 42 of 1945, was re-enacted as Ordinance No. 43 of 1948 and was at various times amended by Ordinance No. 16 of 1950, Section 244 and 6th Schedule No. 22 of 1952, No 13 of 1953, No.24 of 1954, No.10 of 1955,No. 22 of 1955, No. 47 of 1955; No.76 of 1955, No.107 of 195, No.
24 of 1956, No. 52 of 1956, No 65 of 1956, No. 100 of 1958, No. 2 of 1959, Cap 128 of 1959; 257 of 1959, 258 of 1959, 30 of 190 Act, Cap 155 of 1960 Act, Cap 40 of 1961, No. v 1962, No. 6 of 1963, No. 112 LN.
1964, No. 139 LN1965: Decree No. 22LN. 1966, Decree No. 84 LN. 1966, Decree No. 5 LN 1967: Decree No. 44 of 1970. It was incorporated as Cap 80 Laws of the Federation of Nigeria (LFN) 1990 and later as Cap. C41, L.F.N 2010.
106 3.1.3 Penal Code Act
The Criminal Procedure Code366 and the Penal Code Law367 are the principal legislations guiding criminal procedure in the northern state of Nigeria. The Penal Code was enacted being the major provisions of the two principal criminal justices legislation in Nigeria that is the Criminal Code and the Penal Code, preserves the existing criminal procedures while introducing new provisions that will enhance that efficiency of the justice system and help fill the gaps observed in these laws over the course of several decades. The Act has 495 sections divided into 49 parts which approved for the administration of criminal justice and for related matters in the courts of the Federal Capital Territory and other federal courts in Nigeria.368 3.1.4 Standards Organisation of Nigeria Act
The Standards Organisation of Nigeria is the apex standard organisation body in Nigeria. It was established by the Standards Organisation of Nigeria,369 with a commencement date of 1st January 1970, when the organisation started to function.370 The Act has three amendments.371The Standard Organisation of Nigeria Act, Cap. 59 of the Laws of the Federation of Nigeria, 2010 and later repealed by Standard Organisation of Nigeria.372
It is to be noted that Standards Organisation of Nigeria Act of 2010 did next to nothing in ensuring that standard relating to products are being met; this was due in part to the fact that the law did not impose strict penalties for offences.373 It was in a bid to cure the defects in the Standards Organisation Act of 2010, that the 2015 Act was enacted. The Act
366 Cap 491 1990 Laws of the Federation of Nigeria.
367 Cap P3 2010 Laws of the Federation of Nigeria 2010.
368 Ibid.
369 No. 56 of December, 1971.
370 About Standards Organisation of Nigeria, < http://www.son.gov.ng> Accessed on 21 September, 2017.
371 Act Number 20 of 1976, Act Number 32 of 1984 and Act Number 18 of 1990.
372 Act No 14, 2015.
373 Standards Organisation of Nigeria Act, 2015, < http://www.lawpavillion.com> Accessed on 21 September, 2017.
107 was enacted for the purpose of providing additional functions for the organisation, increasing penalty for violations and for related matters.
3.1.5 Consumer Protection Council Act
The Consumer Protection Council,374 established the Consumer Protection Council, though it commenced operations only in 1999, when its institutional framework was put in place.375 The Act created Consumer Protection Council, which is a parastatal of the Federal Government of Nigeria, supervised by the Federal Ministry of Trade and Investment.
Consumer Protection Council is to among others, eliminate hazardous products from the market, provide speedy redress to consumer complaints, ensure that consumer, interest receive due consideration at the appropriate from and encourage trade industry and professional associations to developed and enforce in their various fields quality standards designed to guard the interest of consumers.376 Although the consumer protection Act makes provision for redress to complaints made by consumers through negotiation, mediation and conciliation of good alternative to court processes, the effectiveness of the Act and the ability of the council to protect the rights of consumers through the monitoring of product manufactured by companies are still in questions.377 Violation of provision of the Act attracts a fine of N50, 000 or five years of imprisonment or both which is commendable however the fine seems intangible a fine for companies.
374 Act No. 66 of 1992.
375 Historical Background of Consumer Protection Council, <http://www.cpc.gov.ng> Accessed on 25 September, 2017.
376 Ibid.
377 D Sawyerr, „The Role of the Nigerian Consumer Protection Council Act in Protecting Consumers of FMCES‟, <http://www.nials.edu.ng > Accessed on September 22, 2017.
108 3.1.6 National Environmental Standards and Regulations Enforcement Agency Act The Federal Government promulgated the Harmful Waste Decree,378 which facilitated the establishment of the Federal Environmental Protection Agency. The Federal Environmental Protection Agency Act was enacted in 1988, No. 58. The Act commenced on the 30th December, 1988.379 It was later repealed by the Federal Environmental Protection Agency (Amendment) Decree No. 59 of 1992 and later by Decree No. 14 of 1999. This Act was later repealed by the National Environmental Standards Regulation Agency (NESREA) Act 2007.380
The National Environmental Standards Regulation Agency (NESREA) has the responsibility for the protection and development of the environment, biodiversity conservation and sustainable development of Nigeria‟s national resources, environmental technology, including coordination and liaison with relevant stake holders within and outside Nigeria on matters of enforcement of environmental standards, regulation of rules, laws, policies and guidelines.381