AN APPRAISAL OF CRIMINAL LIABILITIES FOR BUSINESS OFFENCES UNDER OHADA LAW AND THE PENAL LAWS IN CAMEROON

Abstract

This article sets out to explore the criminal liabilities for business offences under the OHADA Law and the penal laws in Cameroon. Cameroon, being a founding member of the Organization for the Harmonization of Business Laws in Africa (OHADA) is a signatory to the OHADA treaty, and therefore, bound to observe the tenets of the Treaty. This treaty provides for the adoption of Uniform Acts which will enable the Organization to regulate specific areas of business law in the member states. As a matter of fact, the main objective of the Treaty was to harmonise business law in member states through the elaboration and adoption of simple, modern and common rules adapted to their economies by setting up appropriate judicial procedures. The treaty calls for the elaboration of laws known as “Uniform Acts? that are directly applicable in member states notwithstanding any provision of domestic laws as stated in Article 10 of the OHADA Treaty. Despite efforts made by the OHADA Treaty in clearly outlining business offences and liabilities, it is left to individual States to provide sanctions. It is against these backdrops that Cameroon has adopted penal laws in a bit to curtailed criminal liabilities of corporations. This paper analysis the statutory bases for corporate criminal liability with specific regards to the amended Penal Code provisions. The amended Penal Code of 12 July 2016 is much appreciated for the incorporation of corporate criminal liability into the law, but it is the candid opinion of this writer that the code has failed to embrace evolving specific business offenses. This is the intricacy of this article. The article concludes with vigorous recommendations which if effectively implemented will go a long way to enhance business security.