A Magistrate Court sitting in Benin City, Edo State, has convicted Nuhu Omokide, a franchise owner of DHL in Benin, on five counts of conspiracy to steal, stealing, and unlawful interference with customers’ property.
Omokide, who was arraigned in charge No. MEG/275c/2023/A, was convicted on Tuesday, July 22nd by Afe Osamudiamen, (Chief Magistrate Grade I), under Sections 412(1)(2), 287(1)(b)(c), and 346 of the Criminal Law of Edo State, 2022.
The charge followed allegations that Omokide criminally converted a parcel containing original academic certificates and other sensitive documents belonging to his customers.
The parcel was submitted at DHL’s Airport Road Office in Benin City in July 2023 for onward delivery to the United Kingdom, but allegedly disappeared under Omokide’s custody and failed to arrive at its destination.
The nominal complainants, frustrated by the defendant’s dismissive and uncooperative attitude, initially reported the matter to the police.
However, Omokide refused to cooperate with police investigation at the AIG Zone 5 headquarters in Benin, and instead petitioned the Inspector General of Police, alleging harassment.
The matter was eventually charged to court upon the conclusion of police investigation.
In his defence, counsel to the defendant, Razak Isenalumhe, argued that liability for the missing parcel lay with DHL as a corporate entity, not with the defendant personally.
However, the prosecuting counsel, Festus Usiobaifo, Principal State Counsel, submitted that where a company is involved in criminal conduct, its alter ego, including the manager, can be held personally liable if they directly committed, aided, or abetted the offence.
Usiobaifo argued that, having admitted to operational control, responsibility, and close proximity to the parcel, the defendant could not hide behind the corporate veil of DHL to avoid criminal liability.
He, therefore, urged the court to pierce the corporate veil, asserting that corporate cover must never be allowed to shield criminal misconduct, especially where trust is wilfully breached.
Delivering his judgment, Chief Magistrate Osamudiamen agreed with the prosecution and convicted the defendant on all five counts.
The court held that company executives and managerial officers will be held personally accountable for criminal acts carried out in the course of their duties, and that corporate protection cannot extend to shield criminality.
The judge said, “The judiciary has reaffirmed that corporate leadership confers responsibility; not immunity.
“Courier service operators and logistics firms are therefore urged to conduct their operations with the highest standard of integrity, professionalism, and accountability.”