06/03/2026
Can an Employee Be Arrested for the Crimes of Their Boss? Understanding Principal Liability in Nigeria 🇳🇬⚖️
A common question in corporate and employment law circles is the extent of an employee's liability for the actions of their employer or principal.
If you are an employee acting on the directives of a superior, or an employer assigning tasks, it is critical to understand that criminal liability is personal and can be contagious.
Let's break it down using Nigerian Law.
The Scenario:
Imagine a company director instructs an accountant to "cook the books" or "make a questionable payment" to secure a contract. The accountant obliges. If the roof caves in, who goes to jail?
The Legal Answer: Potentially Both.
1. The Employee as a "Principal Offender"
Under Section 7 of the Criminal Code Act, criminal liability isn't reserved only for the mastermind. The law states that when an offence is committed, the following persons are deemed to have taken part in committing the crime and may be charged with actually committing it:
· Every person who actually does the act.
· Every person who does or omits to do any act for the purpose of enabling or aiding another to commit the offence.
· Every person who aids another in committing the offence.
Translation: If you, as an employee, actively carry out an illegal instruction—whether by signing a fraudulent document, making an illegal payment, or concealing a crime—you are not just "following orders." In the eyes of the law, you have aided the commission of that offence. You can be arrested, tried, and convicted as a principal offender.
2. The Employer’s Liability (and the Employee’s Independence)
The Labour Act, Section 21 often comes up in these discussions. It provides a shield for employers by stating that if an employee commits an offence without the employer's knowledge, consent, or connivance, and the employer exercised due diligence, the employer may be exempt.
However, note the implication here: The section focuses on exempting the employer, but it reinforces that the employee who actually committed the act remains liable.
The Takeaway for Professionals:
· For Employees: "I was just following orders" is rarely a valid criminal defence in Nigeria. If an instruction requires you to breach the law, you have a duty to refuse. Your obedience to a principal does not negate your individual criminal responsibility.
· For Employers/Principals: You can be held vicariously liable for the actions of your employees, but more importantly, if you counsel, procure, or encourage the crime, you are directly liable under Section 7.
Conclusion
Yes, an employee can absolutely be arrested and held criminally liable for an offence committed for the benefit of a principal. The hand that signs the fraudulent document and the mouth that voices the order are both culpable.
Question for my Network:
Have you encountered workplace policies that adequately protect employees from being compelled to engage in unlawful acts? How do we balance corporate loyalty with legal compliance?
Let’s discuss in the comments! 👇
This content is for informational purposes only and does not constitute legal advice. Always consult a qualified legal practitioner for advice specific to your situation.