Corporate Social Responsibility (CSR) in Nigeria: western mimicry ...

More documents

Recommendations

Info

9UndertheCompaniesandAlliedMattersActtheprincipallegislationoncompaniesinNigeria,the shareholdersarerecognisedsolelyasthemembersofthecompany–(Seesection79CompaniesandAllied MattersAct,1990SeealsoJ.OOrojo,CompanyLawandPracticeinNigeria,3rded.,(Lagos,Nigeria:Mbeyi& 8TheBillisattemptingtoenshrinesomeprinciplesofCSRintolegislation.Page10of44it was necessary to promulgate laws to facilitate business activitieslocally. The first company law in Nigeria was the Companies Ordinanceof 1912, which was a local enactment of the Companies(Consolidation) Act 1908 of England; and even the current companylaw of Nigeria (now known as the Companies and Allied Matters Act1990 - CAMA) is largely modelled on the U.K Company Act, 1948(Guobadia, 2000).Despite the fact that the Nigerian Company Law was modelled after UKlaw it has been largely interpreted and applied from the perspective ofthe U.S contractarian model. While in the U.K there has been anoticeable shift in focus in the conception of the purpose of thecompany to ‘enlightened shareholder value’ and the requirement thatcompanies report on the impact of their operations on otherstakeholders such as employees, suppliers, communities and theenvironment (see Williams and Conley, 2002), culminating in therecent Company Law Reform Bill 8 , which is in the process of beingtaken through parliament, the Nigerian legal framework has not gonethe same direction. It still essentially reflects the shareholdersupremacy and shareholder wealth maximization goal 9 characteristic of
itsshareholdersandthushavenolegalresponsibilityorcapacitytoembarkonanyotherdutyapartfrom theirdutytothecompany(Seesection279oftheCompaniesandAlliedMattersAct,1999.SeealsoOrojo, p.321) 10SeeforexampleKotoyev.Saraki(1994)7NWLR(Pt.357)414@467 AssociatesNigeriaLtd,1992)p.250)andthedirectorsofthecompanyowedutiesonlytothecompanyandandEmploymentLawinPerspective(Lagos,Nigeria:FolioPublishersLtd,1991)pp194-208 12ThecourtsinNigeriahaveconsistentlyaffirmedthisposition.SeeforexamplesthecasesofAnsambeV. B.O.N(2005)8NWLR(Pt.928)p.650;NigeriaGasCompanyLtdV.Dududsola(2005)18NWLR(Pt957) p.292;LakeChadResearchInstituteV.Mohammed(2005)8NWLR(Pt928)p.650;OpuoV.NNPC(2001)14 11Olaniyanv.UniversityofLagos(1985)2N.W.L.R.(Part9)p.599.SeealsoO.Oguniyi,NigerianLabourNWLR(Pt.734)552;BamigboyeV.UniversityofIlorin(1999)10NWLR(Pt.622)290.Page11of44the U.S contractarian school (Fannon, 2003). Companies are thusviewed as private actors to be run exclusively in the interests ofshareholders. This view has been followed by the Nigerian courts,which have consistently ruled in favour of the supremacy ofshareholders. 10This position has also been reflected in the interpretation of therelationship between the company and stakeholders. In essence, thisconception of the company for example differentiates the relationshipof employees of companies from employees in the public service inNigeria. Whereas the termination of the employment of public servantsare statutorily protected so that the relationship cannot be brought toan end except on specific grounds provided by statute; 11that ofcompanies employees are not so protected. A company couldterminate the employment of its employees at will and for no reasonafter giving due notice which is one month by statute and usuallythree months by contract. 12This, in our opinion, creates some real
Page 1 and 2: Page1of44No. 39-2006 ICCSR Research
Page 3 and 4: Page3of44AuthorsKenneth M. Amaeshi(
Page 5 and 6: 3Itisimportanttopointoutthattherear
Page 7 and 8: environment,education,employeewelfa
Page 9: Page9of44frequently engaged force t
Page 13 and 14: 13Thisisonlyanapproximation.Thereis
Page 15 and 16: Page15of44networks. The education s
Page 17 and 18: 16Although,someNigerianbanksarebegi
Page 19 and 20: Page19of44socio-economic conditions
Page 21 and 22: Page21of44PR. The questions were al
Page 23 and 24: Page23of44carry out their business
Page 25 and 26: Page25of44CSR as philanthropy in Ni
Page 27 and 28: Table3%TheseCurrentIssuesAddressedc
Page 29 and 30: Table5%TheseDriversdrivers are not
Page 31 and 32: ‘SubjecttotheprovisionsofthisDecr
Page 33 and 34: Page33of44Carroll’s model (i.e. e
Page 35 and 36: Page35of44is suggested that further
Page 37 and 38: Page37of44Frynas JG. 2001. Corporat
Page 39 and 40: Van Tulder, R. and Kolk, A. (2001).
Page 41 and 42: No. 05-2003 Karen Williams, Mike Ge
Page 43 and 44: Banks Website Y/N Terminology Waves

Corporate Social Responsibility (CSR) in Nigeria: western mimicry ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?