A new bill aiming at making corporate negligence, dereliction of
duty or incompetence which results in death of an employee a criminal
offence, Wednesday scaled the second reading on the floor of the Senate.
Initiator of the bill, Senator Pius Ewherido (Delta Central)
Initiator of the bill tagged 'A Bill for an Act to Make Provisions Creating the Offence of Corporate Manslaughter and for Matters Incidental Thereto 2013', Senator
Pius Ewherido (Delta Central), said if it passed into law would also
punish any employee who serves as an 'accessory for manslaughter' by
negligently performing or sabotaging their employers in any event which
results in death.
While presenting the bill for second reading,
Ewherido said provisions of the bill fell within the definition of
killing in Section 308 of the criminal code.
Section 308 of
Criminal Code states: "Except as hereinafter set forth, any person who
causes the death of another directly or indirectly by any means whatever
is deemed to have killed another person."
Ewherido said he drew
his inspiration for the bill from unconfirmed reports that the
management of Dana Airline ordered the aircraft, MD 83, which crashed in
Lagos on June 3, 2012, to fly despite the insistence of the company’s
technical crew that the aircraft was not airworthy at the time.
According
to him, the bill also set out to fill the lacuna created by restrictive
definitions. Ewherido said: "But the situation today is radically
different from what it used to be when the criminal code was enacted.
The industrialisation of the society with attendant increase in economic
activities as well as the population explosion with resultant high
human mobility have given rise to new sets of behaviour and challenges.
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