AN EVALUATION OF THE DOCTRINE OF CORPORATE VICARIOUS LIABILITY IN NIGERIA

UCHENNA, CHIDUBEM VALENTINE (2026) AN EVALUATION OF THE DOCTRINE OF CORPORATE VICARIOUS LIABILITY IN NIGERIA. Other thesis, Godfrey Okoye University, Enugu.

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Abstract

Corporate vicarious liability is a fundamental principle in tort law that holds companies responsible for wrongful acts committed by their employees or agents in the course of employment. In Nigeria, this doctrine has evolved through judicial interpretation and statutory provisions, particularly under the Companies and Allied Matters Act (CAMA) 2020, yet its application remains fraught with challenges. The doctrine serves as a crucial mechanism for ensuring corporate accountability and protecting victims of corporate wrongdoing in an increasingly complex business environment. However, Nigerian jurisprudence reveals significant gaps in the consistent application of vicarious liability principles, particularly in determining the scope of employment, establishing the employer-employee relationship, and addressing liability in cases involving independent contractors and subsidiary companies. This long essay critically examines the doctrine of corporate vicarious liability in Nigeria, analyzing its legal framework, judicial interpretation, and practical application. Adopting a doctrinal research methodology, the study reviews relevant statutory provisions, Nigerian and comparative case law, scholarly literature, and international best practices to assess the effectiveness of the current legal regime. The research identifies major limitations including restrictive judicial interpretation of the scope of employment, inadequate statutory guidance, enforcement challenges, and the absence of clear principles for attributing liability in complex corporate structures. Drawing lessons from jurisdictions such as the United Kingdom and South Africa, the essay recommends comprehensive legislative reforms to CAMA, clearer judicial guidelines on vicarious liability tests, enhanced regulatory oversight mechanisms, and increased awareness among stakeholders regarding corporate responsibility and victim compensation frameworks to strengthen the doctrine's application in Nigeria.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law, Arts and Social Sciences > School of Law
Depositing User: COMFORT AJALA
Date Deposited: 24 Jul 2026 13:44
Last Modified: 24 Jul 2026 13:44
URI: http://eprints.gouni.edu.ng/id/eprint/5991

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