Importantly, the Courts are willing to blame individuals for breaches of workplace duties and classify such
breaches as criminal acts that merit jail time.
Not exact matches
«That you, Olisa Metuh and Destra Investments Limited on or about the 24th November, 2014 in Abuja, did retain the sum of N400m on behalf of the Peoples Democratic Party of its campaign activities by concealing the said sum in your account with Diamond Bank Plc, when you reasonably ought to have known that such fund formed part of the proceeds of an unlawful activity of Col. Sambo Dasuki (Rtd), the then National Security Adviser, (to wit:
criminal breach of trust and corruption), and you thereby committed an offence contrary to Section 17 (a) of the Money Laundering (Prohibition)
Act, 2011
as amended in 2012 and punishable under Section 17 (b) of the same
Act.
Account No. 0040437573 from the account of the Office of the National Security Adviser with the Central Bank of Nigeria without contract award, when you reasonably ought to have known that the said fund formed part of the proceeds of an unlawful activity of Col. Mohammed Sambo Dasuki (Rtd) the then NSA (To wit:
criminal breach of trust and corruption) and thereby committed an offence contrary to section 15 (2)(d) of the Money Laundering (Prohibition)
Act, 2011,
as amended in 2012 and punishable under section 15 (3) of the same
Act.
«That you, Olisa Metuh and Destra Investment Limited on or about the 24th November, 2014 in Abuja converted the sum of N400m paid into the account of Destra Investment Limited with Diamond Bank Plc, Account No: 0040437573 from the account of the office of the National Security Adviser with the Central Bank of Nigeria without contract award when you reasonably ought to have known that the said fund formed part of the proceeds of an unlawful activity of Col. Mohammed Sambo Dasuki (Rtd) the then National Security Adviser (To Wit:
criminal breach of trust and corruption) and thereby committed an offence contrary to Section 15 (2), (d) of the Money Laundering (Prohibition)
Act, 2011
as amended in 2012 and punishable under Section 15 (3) of the same
Act.
One of the counts reads: «That you Air Chief Marshal Alex S Badeh (whilst being the Chief of Air Staff, Nigerian Air Force) and IYALIKAM NIGERIA LIMITED between 28th March and 5th December, 2013 in Abuja within the jurisdiction of this Court, did use an aggregate sum of N878, 362,732.94 (Eight Hundred and Seventy - Eight Million, Three Hundred and Sixty Two Thousand, Seven Hundred and Thirty - Two Naira, Ninety - Four kobo) removed from the accounts of the Nigerian Air Force and paid into the account of Rytebuilders Technologies Limited with Zenith Bank Plc for the construction of a shopping mall situate at Plot 1386, Oda Crescent Cadastral Zone A07, Wuse II, Abuja for yourself, when you reasonably ought to have known that the said funds formed part of the proceed of unlawful activity (to wit:
criminal breach of trust and corruption) of Air Chief Marshal Alex S Badeh and you thereby committed an offence contrary to Section 15 (2)(d) of the Money Laundering (Prohibition)
Act, 2011 (
as amended) and punishable under Section 15 (3) of the same
Act»
The court may order a delay pending the outcome of a
criminal investigation, or a
breach of your duties
as specified in the Bankruptcy and Insolvency
Act, or due to a prior bankruptcy.
It was relevant that the statement, and supplementary statement, of objections had been issued and Tesco was contesting the allegations, that the OFT was determining Tesco's liability for a potential
breach of the Competition
Act and Tesco faced the possibility of a significant fine
as a result, and that the proceedings were regarded
as criminal for the purposes of Article 6 of the European Convention on Human Rights.
It now includes fraudulent manipulation of stock exchange transactions, insider trading, falsification of books, extortion, forgery and other offenses resembling forgery,
criminal breach of contract, bribery of judicial officers, and secret commissions,
as well
as new offences under the Corruption of Foreign Public Officials
Act.
This limitation period does not apply to any incident involving conduct that
breached some law or regulation other than the Police
Act, such
as the
Criminal Code of Canada.
To establish a private action claim under section 36 of the
Act, a private plaintiff must show that a defendant contravened one of the
criminal provisions of the
Act (e.g., establish all of the elements of a
criminal price - fixing conspiracy,
criminal misleading advertising, etc.) or
breached a Tribunal or court order under the
Act and has suffered actual damage or loss
as a result of the conduct.
Under section 36 of the
Act, the potential remedies for a successful competition law private action are the actual damages (i.e., compensatory damages) proven
as a result of the
criminal violation (or
breach of a Tribunal or court order).