An Examination of the Corporate Criminal Liability of a Trade Union in Nigeria

Abstract

Apart from the controversy surrounding the legal status of trade unions in Nigeria, there exist a further area of contention-i.e. the nature of criminal liability of trade unions. Though, the relevant statutes on the control of trade unions in Nigeria place several duties on trade unions, breaches of which attract criminal punishment, there is hardly prosecution in this direction in spite of gross violations of the laws. This apparently stems from the dilemma of the law on corporate criminal responsibility. The paper therefore seeks to examine the issue which is always associated with attaching criminal liability to a legal entity with particular reference to trade unions. It also discusses the basis and extent of corporate criminal punishment for actual crimes and regulatory offences and the effectiveness of criminal sanctions on a registered body like trade union as against natural person. The research finds that though trade unions are incorporated bodies, they are legal entities at least for the purpose of the Trade Union Act in Nigeria and enjoys some benefits which elevate trade unions above other unincorporated bodies enabling trade unions to enter into contract, sue and be sued in their own name. It recommends that since trade unions are suable entities and can answer to criminal charges, especially regulatory offences, more efforts should be made to bring trade unions to comply with their responsibilities under the law.

Is the National Industrial Court (NIC) Still a Special Court? A Review of the Extra Luggage of Ancillary Jurisdiction of the NIC as a Disservice to Labour Justice

“…The NIC also appeared to have acted in the said case as if trade unions can be, in the real sense, punished for criminal offences. It has been noted that attaching criminal liability to trade unions is a challenge to the courts (Umukoro, 2022).…”