Legal Question in Criminal Law in Nigeria

Is a gurantor liable for a theft

Sir,

A security firm was recruting guards and I happenned to stand for a person, as his guarantor to be recruited. He was employed and started work. In the course of his work there was a theft in his station which they alledged is due to his negligence. They are to charge him to court though they cannot establish any connivance of his to the theft. My question is that as his guarantor in what way am I involved in the case? Can I in any way made to pay for the lost items?

Thanks

Saidu


Asked on 11/22/05, 5:04 am

1 Answer from Attorneys
Jerry Edemeka Alpha Juris Chambers

Re: Is a gurantor liable for a theft

First and foremost,it is important to ask,what were the terms of the guaranty?Assuming he guaranteed that the accused person is a person worthy of character and suitable for employment,he will still not be liable in criminal charge for theft not when the accused has not been tried by a court of competent jurisdiction and found guilty.Both the accused and the guarantor cannot be made liable for a mere allegation.

The accused employee is the primary obligor.If eventually he is found guilty and he is not able to make good the stolen items,then and only then can the guarantor be made liable for repayment but not a criminal liability.

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Answered on 11/22/05, 11:13 am


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