Senate yesterday passed the Corporate Manslaughter Bill with a view to creating the offence of corporate manslaughter.
The Bill was passed after consideration and adoption of the report of the Senate Committee on Judiciary, Human Rights and Legal Matters.
It which was sponsored by the late Senator Akpor Pius Ewherido, who until his death in June 2014, represented Delta Central in the National Assembly, prescribes a jail term of not less than three years or maximum of seven years with an option fine of not less than N100,000 and not more than N1 million naira.
It also provides that an organisation guilty of corporate manslaughter is liable on conviction to a fine of not less than N1 million, with no maximum limit, so as to allow courts the privilege of imposing fines on corporations based on the gravity of the offence while putting their economic and social profile into consideration.
The bill prescribes that, ?Notwithstanding the culpability of an organization, corporation or agency, any person or group of persons who either jointly or severally in the course of carrying out a legitimate duty, performs same negligently or defaults to perform same, thereby causing the death of a person or directly leading to the occurrence of an event causing the death of a person, shall be guilty of the offence of accessory to corporate manslaughter.?
The bill provides that all related offences under the Act may be prosecuted at the instance of the Attorney-General of the Federation, the Police Force and any private legal practitioner; with the court of jurisdiction being State High Court or Federal High Court of Justice.
According to findings contained in the report of the Senator Umaru Dahiru-led Committee on Judiciary, Human Rights and Legal Matters, the Corporate Manslaughter Bill contemplates a killing as an action committed, directly or indirectly by a corporation, which Sections 308 and 317 did not cover.
It noted that the provision of a new section to provide for compensation to the deceased victims? family, will amount to duplication, as such has been taken care of in other laws such as the Employees Compensation Act, Labour Act, Occupational Safety and Health Act etc.
The committee further noted that with the passage of the bill into law, same will not preclude any person or group of persons from instituting civil cases against any corporation as regards compensation.
