The Case for Public Enforcement of Directors’ Duties: An Australian Case Study and Application to Nigeria - Business Law Review View The Case for Public Enforcement of Directors’ Duties: An Australian Case Study and Application to Nigeria by - Business Law Review The Case for Public Enforcement of Directors’ Duties: An Australian Case Study and Application to Nigeria 41 1
Like
many other common law countries, Nigeria imposes statutory, duties
on its companies’ directors. Breaches of
these duties, are expected to be enforced ‘privately’ by the company, its, shareholders or any other
proper person. Despite this, evidence, suggests that in Nigeria there has been little
enforcement of, directors’ duties. Consequently, this
article examines whether, there is a place for public enforcement of directors’ duties. It, questions
whether the failings of the private enforcement regime, necessitate a
complementary enforcement regime. To address this, question, it draws on a
theoretical framework, the deterrence, theory, in exploring whether public
enforcement offers superior, deterrence over private enforcement. It also
examines Australia, as a case study of a jurisdiction that has effectively used
the, public enforcement regime for breaches of directors’ duties., Overall, it argues
that to enhance enforcement, Nigeria
ought, to introduce a public enforcement regime for breaches of directors’, duties.
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