I have always been concerned over the legislative
position on very sensitive issues that impact so greatly in the lives of every
Nigerian citizen and the country at large, in very recent times there seems to
be a little spike of reawakening on the part of our legislators to boldly
initiate these very sensitive bills that will in a large extent protect and
create safety and security in all Nigeria workplaces. The first to come in this
light was the passing of the Nigeria Occupational Health and Safety Bill in
September, 2012 by the Nigerian Senate. We are still hoping and believing the
final review of that bill should have been completed by now to allow the
President assent to this bill so it can become a part of Nigerian law. Check
through my previous articles for details on the Nigeria Occupational Health and
Safety Bill.
I am so elated by this “CORPORATE MANSLAUGHTER BILL” initiated by Senator Pius Ewherido.
Kindly read through the publication in italics and highlights as reported by Dapo Falade, an Abuja correspondence of The
Nigeria Tribune Newspapers.
“A bill seeking to become an act to make provisions
creating the offence of corporate manslaughter and for matters incidental
thereto passed through the second reading at the plenary of the Senate on Wednesday.
The bill, sponsored by Senator Pius Ewherido, passed
through its first reading on September 20, 2012. In his lead debate, Ewherido,
representing Delta Central, said the bill sought to create the offences of
manslaughter to corporate organisations and agencies culpable for their wilful
acts of negligence and dereliction of duty which eventually caused the death of
a person.
He also said the bill, aimed at making it accessory to
corporate manslaughter for persons who, while working with corporate bodies and
agencies, failed, negligently performed and or sabotage their employers,
resulting in the death of a person.
He said the provision of the bill was in line with
Section 308 of the Criminal Code. The section referred to stated, “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 that other person.”
He said the bill sought to fill the lacunae created by
the restrictive definitions of killing in Sections 316 and 317 of the Criminal
Code, when viewed against the broad definition in Section 308.
However, deputy Senate President, Ike Ekweremadu and
Senator Paulinus Igwe, kicked against the proposed bill, saying that it
contradicted existing legislation.
Senator Magnus Abe joined some of his other colleagues
to support the bill, saying that its emergence was timely.
In his remark, Senate President, David Mark, called on
the legislators to give room for public hearing to enable widespread
participation in the debate. The bill was thereafter referred to the Senate
Committee on Judiciary for further legislative action.
I got a little worried on the
position of the deputy Senate President and a few of this other colleagues on
this matter of great importance to Nigeria as a people. It is not a matter of
contradicting existing legislations; it should be looked at from the point of
safety and security for the Nigerian employee. You can never imagine how much
the country looses annually by work related deaths and even severe occupational
accidents that gets the victims incapacitated. Quantify it by the victims’
educational qualifications, work experience and the number of people that look
up to him for their daily bread and even financial support to acquire education
and a lot of other variables.
Have you ever imagined the
feeling and the look on the face of an 80 years old retiree and his 75 years
old wife when you come to break the sad news to them that their son got trapped
in a machine while at work and he died on the spot? Have you even thought of an
old man whose health is failing but has a life line through his only surviving
son that pays his father’s monthly medical bill and now the same son has just
been drowned as a result of an oil and gas platform that has just collapsed out
of proper maintenance and absence of processes? Have you also imagined the pain
you cause in a heart of a beloved wife loved exceedingly by her husband who she
sees as her everything, she kisses her husband before he lives for work every
morning and on this fateful day she got a call only to be told her husband was
accidentally beheaded by a faulty machine that was being managed to meet
production target? Have you imagined the heart break? Can you imagine the shine
and smile you took out of a family? Who cares afterwards for the young woman
who has been thrown into early widowhood she was never prepared for? Whoever
bothers about the fate of the children and what becomes of them? Wouldn’t they
drop out of school if they cannot meet the exorbitantly high bills we pay to
acquire education in Nigeria? Will they grow up to love this society and
country that never protected their father let alone their innocent lives? Will
they express love to Nigeria and Nigerians or inflict everyone with pain? Remember, the doors we resfuse to shut during the day, criminals will certainly use same doors into our homes at night to attack us when we need a happy night rest the most.
We have had many cases of
corporate manslaughter in Nigeria and the perpetuators go unpunished. When a
man dies in the workplace out of negligence on the part of his employer by not
making adequate provisions for health, safety and security of the employees, it
is regarded as man slaughter and i think provision should be made within the
ambit of the law for adequate punishment and of course good enough compensation
for the family of the victims. This is what we are talking about and this is
the law.
The workman did not die, the
workman was killed.
Workplace safety brings
cheers, workplace accident brings tears.
What are your thoughts? Leave
a comment.
Ehi Iden
