My Response To Olumuyiwa Olowokure Esq’s Preliminary Report on NBA Election-Victor Abasiakan Ekim

My Response To Olumuyiwa Olowokure Esq’s Preliminary Report on NBA Election-Victor Abasiakan Ekim


I have read the Preliminary Report that was prepared and released by Mr. Olumuyiwa Olowokure, the Leader of the Arthur Obi Okafor, SAN’s Technical Team, alleging irregularities that the Team purportedly identified in the just concluded NBA Elections.  In the Report, Mr. Olowokure attempts to rubbish the NBA Elections and calls on “the current leadership of NBA to act and cancel this fault laden process that declared Paul Usoro SAN the winner of the election”.

The election processes had its significant challenges which would need to be looked into and addressed by the incoming NBA administration, but the election itself, as far as I observed, met the standard of substantial compliance and Mr. Usoro won the Presidency of the NBA straight and square.  The current negative narratives by Arthur Obi Okafor, SAN’s Team amounts to unnecessary bellyaching and an attempt to call a dog (the Elections) by a bad name in order to nullify it.

The Elections results have been hailed by the majority of lawyers across the geographical spread of Nigeria and Mr. Usoro is positioned to take over as the 29th President of the NBA, by Divine Grace.  I know and can confirm that Mr. Usoro is focused on and determined to effect significant reforms in the NBA with the aim of making the NBA an institution of pride to all lawyers and non-lawyers alike.  Typical of him, he has been magnanimous in victory and has graciously extended his hand of friendship and brotherhood to both Prof Ernest Ojukwu, SAN and Chief Arthur Obi Okafor, SAN.

“Openmailbox.org”; “firemail.cc”; “airmail.cc” Domains

The crux of the AOO Report relates to the allegation that there were certain irregularities in the Election in regard to the verified voters’ list and the use of three main domains – “Openmailbox.org”, “firemail.cc” and “airmail.cc” – by some lawyers in their e-mail addresses in the said list.  According to the AOO Report, the lawyers’ actual e-mail addresses were supplanted by unknown persons with e-mail addresses from these three domains that did not belong to the named lawyers.  I took active part in Mr. Usoro’s campaign and represented him in meetings with ECNBA and can state categorically that Mr. Usoro’s Campaign Team was not aware of nor privy to any such actions assuming that they happened at all.

What is rather troubling and extremely alarming to me is the admission by Mr. Olowokure in the AOO Report that he and his Team may have hacked into and/or compromised the Crenet and Chams servers in the course of the Elections.  According to Mr. Olowokure, “a day before the election” he and his Team purportedly “discovered from the verification portal the incidences of some strange looking email addresses that surfaced as lawyers alleged email addresses for the first time.  These email addresses predominantly came from three domains “openmailbox.org”, “firemail.cc” and “airmail.cc”.

As we recall, at all times material to the verification, the candidates and indeed all lawyers were able to access the verification portal but could only see the names of lawyers, their Enrolment Numbers and Branches but definitely not the telephone numbers and e-mail addresses.  The technical people in the PU Campaign Team who attended meetings of ECNBA with me and also acted as agents for Mr. Usoro during the elections inform me that these additional pieces of information could only be accessed from the backend of the servers – whether Crenet or Chams.  The backends of these servers were accessible only to the Crenet and Chams administrators and no other; in particular, they were not accessible to the candidates.

So, assuming that the AOO Team are telling the truth, how did they come by the information which they purport to have had and which the other candidates did not have?  For the avoidance of doubt, I have investigated and confirmed that none of the candidates nor their agents were permitted or allowed any access to the backend of the Crenet and/or Chams’ servers.  Mr. Olowokure and his Team may either therefore be lying about what they claim to have known or they had actually compromised and hacked into the service providers’ servers in the course of the Elections.  Only these circumstances would explain their purported e-mails to the ECNBA which were not copied to other candidates.

As at 17, 18 and early hours of 19 August 2018 when they purported to have sent those e-mails to ECNBA alerting the Committee to the use of those three domains, none of the candidates had been given the Crenet verified list of voters that contained the details and information which Mr. Olowokure and his Team purport to have had. It was not until 5,53pm on Sunday, 19 August 2018, following the further loading of data on to the Chams portal that the ECNBA released to the candidates’ agents the revised list of verified voters that contained the voters’ phone numbers and e-mail addresses.  By that time, as Mr. Olowokure now claims in his Report, his Team already had that data and information with them.

Given this scenario and the possibility that Mr. Olowokure may have illegally compromised and/or hacked into the Crenet and/or Chams’ servers, what moral or even legal right has he and his Team to raise issues of irregularities in the recently concluded NBA Election? With his Team having purportedly had such unauthorized and illegal access to the servers as they now admit to having had, what could, or may they have done to the Election data and processes that the rest of us may not have been aware of?

Purported Evidence – Annexure G

Still on the integrity quotient of Mr. Olowokure and his Team, Annexure G to his Report does great disservice to his integrity and that of his Team.  I have confirmed that Annexure G to Mr. Olowokure’s Report was not issued and/or given by the ECNBA to Mr. Olowokure and his Team.  So, where did Mr. Olowokure and his Team get that document come from?  It is either that the document was fabricated by Mr. Olowokure and his Team or they, as is now becoming obvious, had compromised and hacked into the Crenet and/or Chams servers to obtain the data.  I leave you, dear readers, to make your judgment on the credibility and probative value of documents of that nature, whether fabricated or illegally obtained.  Beyond that, I leave you to judge the integrity quotient of the people who engage in such illegalities and malpractices

Move On

In all of these, it is rather intriguing to me that the AOO Team, in the ECNBA’s Election Situation Room and beyond, were, while voting was under way, literally jubilating, back-slapping, gloating and rejoicing at the prospect of success, believing that they had won the Presidency of the NBA as witnessed by all in the ECNBA’s Situation Room. This euphoria continued until Mr. Usoro closed in on and overtook Chief Okafor in the evening of Sunday, 19 August 2018.  Assuming that that upset did not occur and Mr. Okafor had proceeded to win the Election, would Mr. Olowokure and his Team have seen and come out with the “warts” that they now claim to see in the processes of the Election?  Definitely not.

We know that it is a Nigerian attitude to always blame election losses on malpractices and irregularities, but we should strive to be different in the NBA Elections.  Losing an election does not make one any less of a Bar Leader and the respected Senior Advocate of Nigeria, Chief Arthur Obi Okafor, SAN can still make tremendous contributions to the Bar under the leadership of Mr. Usoro, to the Glory of God and man. I therefore most respectfully implore him to accept Mr. Usoro’s olive branch and let peace and progress reign, in the overall interest of the Bar.

Victor Abasiakan Ekim

#IStandWithPaul
A CONGRATULATORY MESSAGE FROM NBA IKOT EKPENE BRANCH.

A CONGRATULATORY MESSAGE FROM NBA IKOT EKPENE BRANCH.

On behalf of the members of the Nigerian Bar Association, Ikot Ekpene branch, the very home branch of the NBA President elect,  I congratulate Paul Usoro SAN on his election as the 29th President of the NBA.Paul Usoro SAN always goes for the impossible thing to make it possible. He takes each target as his aim. He loves taking challenges and he deserves this achievement.

We say to Paul Usoro SAN and his dear wife who is also our learned colleague, Mrs. Mfon Usoro. “It is a success, you truly deserved. It is an achievement you have truly earned. You haveachieved yet another milestone following the success at the poll. We in your home branch are proud of you, our very own. We are confident that you will rebrand NBA and take her to greater heights.”

Accept our congratulations!

Cosmas Udoete Esq  – The branch chairman.
                 
 Charles Okon Esq
The Branch Secretary

MORTGAGES AND FORECLOSURE BILL OF KADUNA STATE 2017

MORTGAGES AND FORECLOSURE BILL OF KADUNA STATE 2017


The Kaduna State House of Assembly bill tagged ‘A LAW TO ESTABLISH THE KADUNA STATE MORTGAGES AND FORECLOSURE AUTHORITY TO REGULATE MORTGAGES, FORECLOSURE AND ENFORCEMENT OF REAL PROPERTY AND CONNECTED PURPOSES, 2017’,

 is said to reduce the housing deficit in the state of Kaduna at the same time reducing the liability of the state government in maintaining government properties. It must be appreciated that this provision makes it possible for all state residents to acquire homes notwithstanding whatever sectors they belong to. 

The Law starts by establishing (1) Kaduna State Mortgages and Foreclosure Authority under section 5 of the law, a corporate body tasked with the duties of creating a conducive environment for accessible and affordable mortgages for the benefit of residents of the State; advising the Governor on the funding, administration and structure of the State mortgage finance program  or policy for the benefit of the indigenes and civil servants of the State; harmonizing any mortgage scheme or policy which the State has or may put in place from time to time in connection with the making, processing, placing, registering or administration of mortgages;  and
(2) in Sections 16, the establishment of a Mortgage registry through the State Mortgages and Foreclosure Authority, this registry shall receive and process applications for consent of the Governor or the appropriate Local Government Area to mortgage transactions; receive and process applications for the registration and release of mortgages; keep and maintain a register of mortgages; provide a reliable record of information about interests in mortgages in the State to the Authority; interact with third parties concerned with property and mortgages; and receive and process applications for mortgage related searches.

In sections 32, the law clearly sets the covenants for the mortgagor. For instance,
The Mortgagor in all Mortgage transaction shall contain covenants as agreed by the parties: 
(1)pay the principal sum borrowed at the times appointed in the mortgage deed, and, so long as the principal money or any part of it remains unpaid, to pay interest on it or on so much of it as for the time being remains unpaid at the rate and at the times and in  the manner specified in the mortgage deed; 
(2)pay all rates, charges, rent, taxes and other outgoings which are at all times payable in respect of the mortgaged property; 
(3) repair and keep in a reasonable state of repair all buildings and other improvements upon the mortgaged property and to permit the Mortgagee or his or her agent at all reasonable times until the mortgage is discharged and after reasonable notice to the Mortgagor to enter the mortgaged property to examine its state and condition; 
(4) provide adequate insurance to make good any loss or damage caused by fire, tornado, windstorm, flood, earthquake and lightning and such other related risks to all buildings on the mortgaged property, and, where insurance is taken out, it is done in the name of the Mortgagor with insurers approved by the Mortgagee acting reasonably and to the full replacement value of all the buildings on the mortgaged property. Provided that such insurances shall note the Mortgagee as the first loss payee; 
(5) use the mortgaged property in a sustainable manner and to comply with all written laws, regulations and lawful orders applicable to the use of the land
A noteworthy area of the law is on the area of dispute resolution. 
The law clearly states, particularly in sections 40 that:

(1) All matters arising from, or connected with a mortgage transaction may be resolved by arbitration or any other alternative dispute resolution mechanism. 

(2) Where there is no agreement between parties to resolve the dispute by means of any alternative dispute resolution mechanism, the Court may refer all or part of the issues arising for determination in a proceeding before it relating to mortgages under this Law to the arbitration mechanism operational in the State. 

(3) All arbitration proceedings conducted pursuant to the provisions of this Law or any other Arbitration Law applicable in the State shall be concluded within a period not exceeding thirty (30) Business Days by which time the arbitration panel must deliver an award. 

(4) The arbitration provisions under this Law shall be read in conjunction with the Arbitration Laws of the State.
The law appreciates the speed and cost effectiveness of alternative dispute resolution. Additionally, a mortgagor shall be in default under a mortgage after a period of ninety (90) Business Days has elapsed subsequent to the Mortgagor failing to meet any obligations under a mortgage deed or fulfill any covenant or condition, express or implied in any mortgage deed or any underlying contracts.

Finally, the conditions for application of these mortgage scheme on the part of a private developer are clearly stated in sections 48 of the law. In the same vein the protects innocent purchasers from prejudicial conduct. In section 50 of the law, it is stated that
“An application for registration of a Scheme Plan and issuance of Scheme Titles may be withdrawn only where the withdrawal is no or will not be, detrimental to the interests of any person who has purchased or agreed to purchase any Unit of the property in question in reliance on the application having been made”

In conclusion, it must be recalled that the state government had declared its intention to sell some of its residential quarters to public servants and the general public. The move to sell off 1,990 government houses according to reports was to cut the cost of maintaining the quarters as endorsed by the State Executive Council. Through the Mortgage and foreclosure law, this disposal of property will be achieved. Private developers and the general public have a lot to gain thanks to this enactment.

Eseoghene Palmer Esq.
Legal Practitioner

www.adedunmadeonibokun.com 
Photo Credit – www.kdsg.gov.ng

Chief Bayo Ojo SAN wishes Paul Usoro well as new leader of the NBA

Chief Bayo Ojo SAN wishes Paul Usoro well as new leader of the NBA

The past President of the NBA has expressed his delight at the effort of Paul Usoro on his recent election success. He also shared  advice on leading the bar to greater heights.

See below the letter:

Dear Paul,
Congratulations on your success at the poll. I wish you a successful tenure.
Thank you for letting me into the content of your draft letter to your co-contestants.

I believe it is a good idea as the Bar must always be one. Please ensure you carry Prof. Ernest Ojukwu, SAN and Arthur Obi Okafor SAN along at all times. I would also advice that you see the entire Bar as your constituency. In other words, those who did not support you should not be discriminated against. This unfortunately has been the norm in the past and it has not augured well for the Bar.


I wish you God’s speed. 
Best wishes
Bayo Ojo, SAN CON
Photo Credit 
Chief Olanipekun SAN shares advice to Paul Usoro

Chief Olanipekun SAN shares advice to Paul Usoro

The past President joins a host of former Presidents to congratulate Paul Usoro on his election as the incoming leader of the NBA.

See below details of the letter

My dear Paul,

Permit me to acknowledge receipt of your endorsed mail to Ernest and Arthur , both of who contested the last NBA presidential election with you , you being the declared winner.congratulations.

May I commend the wisdom and thoughtfulness behind your mails , both to your illustrious co- contestants , as well as the past Presidents of our great and noble Association. That’s how it should be ; and that was how it had always been until we started losing or feigning ignorance or forgetfulness of what NBA used to be and represent. Truth be told , each of the three of you is well qualified , equipped and experienced to become our President ; but there can only be one President at a time . Having won the election , you’ve become our leader and a leader. It’s your duty to assuage feelings , and ensure the emergence of a United Bar. More than ever before , both our nation and profession need a strong , virile and formidable Bar , to speak both for the profession – the Bar and the Bench , as well as for the generality of our citizens. A divided house cannot achieve this ; a harassed or distracted leadership cannot face the mounting and daunting challenges facing our profession and nation.


While I will submit that you’ve started and done well by your afore- mentioned mails , you have and need to do more , and very urgently too. Put behind you the soap box rhetorics, and take the bull by the horns. Kickstart the process of healing and reconciliation within the NBA , and unite all the diverse factions and interests. Put in place a transparent system that will ensure all and sundry that the NBA presidency is for service , rather than self aggrandizement . Like the late President Umoru Yar’adua , be humble and manly enough to admit that the system that brought you to office was/ is faulty , and say it loud and clear that through you , our Association will never pass through that way or path again. Please don’t mount any high horse ! Very important. For the past three elections or so of NBA Presidents , similar allegations as are now being made and repeated against you had dominated the Bar landscape and hemisphere . Presently , the case challenging the election of the outgoing President by Chief JK Gadzama SAN is still in court ! For God and goodness sake , put a halt to this mess!
As for Ernest and Arthur , each of you is a gentleman of the highest order. You’ve carried out your respective campaigns with maturity , poise , style and much elegance . But there cannot be three Presidents of the Bar at the same time. Since the Lord lives for ever , there’s a better tomorrow for each of you , both at the Bar and the larger society. Without adjudging your complaints as frivolous or unmeritorious, I plead , with all sense of responsibility that let us forget the past ; let’s forgive ourselves ; let’s join hands with Paul to
              
rediscover and re- situate the Bar ; let’s now resolve that never again shall any presidential candidate of the Bar embark on the type of hazardous trips you all underwent in the past twelve months or indulge in the humongous expenses you all incurred.


As for me , my loyalty and fidelity are always to our noble profession , and I believe I owe a duty to plead with all our colleagues , across the length and breadth of Nigeria who have some grievances and complaints against the last election to bury their hatchets ; and come together as a united body to chart a glorious way forward for the profession.
My respect to you Paul , as the in- coming President ; my high regards to Ernest and Arthur as my worthy
Colleagues ; my love to all .


Wole Olanipekun OFR , SAN
President , NBA , 2002-2004
Past President OCJ Okocha congratulates Paul Usoro on his election

Past President OCJ Okocha congratulates Paul Usoro on his election

As victory messages are pouring in to congratulate Paul Usoro on his emergence as the NBA President-Elect, a past President of the association OCJ Okocha SAN shares his message below.

Dear Obong Paul,

Greetings, and many thanks for forwarding to me and several others your communication to Professor Earnest Ojukwu SAN and Arthur Obi-Okafor SAN.

May I congratulate you once again for you victory in the contest for election as President of the Nigerian Bar Association (NBA). I pray that the Almighty and Eternal God may grant you wisdom, health and strength to enable you discharge the duties of your high office.

May I also commend you for being magnanimous in your victory. This is what we all expect, and I hope you will carry on with the same spirit of magnanimity when you assume office as President of our once and for ever great Association.

I have taken due notice of your invitation to your co-contestants to join hands with you in the well running of the NBA. I will do my best to convince them to heed your very timely call.
Best wishes for every success during your tenure of office, and God bless.

Yours ever sincerely,
O.C.J. Okocha, MFR,SAN,JP,DSSRS
LEGAL PRACTITIONER, LIFE BENCHER THE 19TH/MILLENNIUM NBA PRESIDENT

THE TRUE STORY OF WHAT HAPPENED IN THE 2018 NBA ELECTION- by ANTHONY ATATA

THE TRUE STORY OF WHAT HAPPENED IN THE 2018 NBA ELECTION- by ANTHONY ATATA

Paul Usoro SAN has emerged as the President of the Nigerian Bar association and the majority of lawyers across the country are excited about it.

A Paul Usoro presidency will mean a stop to business as usual and that is why a negligible few in the legal profession are desperately staging pockets of resistance to the outcome of the election. The reason behind it is easy to understand. They have worked hard with hopes of juicy appointments and beneficial involvement in the activities of the NBA. Unfortunately, that will not happen.

This group indeed worked hard but they worked hard in the wrong direction. They worked hard in disqualifying another Presidential candidate in the race(this was the major cause of their misfortune), they worked hard in maligning Paul Usoro all through the campaign(they popularised Usoro instead),they worked hard in playing tribal cards, they worked hard in adopting a candidates in a small meeting in Portharcourt, they worked hard in manipulating the election by verifying their supporters with fake emails and numbers(they will later discover the mistake they have made just during the election) in all these hard work, they forgot to do the most important thing which was, campaigning for votes and promoting their manifesto. While they were doing all these, Paul Usoro was busy giving lawyers all the good reasons why they should vote for him. In the morning of 20th of August 2018, his campaign paid off and his victory woke the supporters of his opponents from slumber. It was already too late.

WHAT REALLY HAPPENED?

A seamless verification was conducted by a company named CHAMS in line with the election schedule. After the verification, one of the presidential candidates (who lost in the election) was adviced by his key  supporters that many of his supporters exhibited apathy during the verification and there were chances that he  may  not win the election with twelve thousand lawyers that verified. He was adviced to do anything possible to push for the extension of the verification or seek cancellation. A lobby to extend the verification failed and they were left with only one choice, to sink the ship. This began a period of chaotic and excruciatingly painful electoral process lawyers will go through in the countdown to the election.

Paul Usoro SAN is a non executive director with Accessbank ,Mrs Awosika is an Independent director with Accessbank and she happens to be the Chairman of CHAMS. This ordinarily does not constitute a conflict  of interest as many corporate lawyers will admit.This was all Paul Usoro’s opponents needed to seek cancellation of the election. In a desperate bid to cancel the verification,they went to the press and claimed that Paul Usoro was trying to rig the election with CHAMS. Paul Usoro kept calm and continued with his campaign. CHAMS found itself in the middle of the cross fire,it became the grass where two elephants were at loggerheads. It took unfair accusations and blows that greatly battered its reputation. The supporters of this candidate did not care about the damage they were doing to the brand. That was petty and wicked but they succeeded in spreading the narrative across the country that made the President of the NBA Mr AB Mahmoud to summon a meeting of all the candidates, the Election committee of the NBA(ECNBA) and service providers.Victory was in sight for them.

One thing happened at the meeting that showed the real intention of the people who began the chaos. Mr Paul Usoro and Prof Ernest Ojukwu,two presidential candidates in the election expressed that they had no issue with CHAMS but Arthur Obi-Okafor insisted that the verification should be cancelled. At the end of the meeting, it was agreed that the verification will be cancelled and repeated by another company but CHAMS will conduct the election. For the supporters of Arthur Obi-Okafor,they have become victorious.However , one important question was left unanswered.

If indeed Arthur’s supporters believed that CHAMS wanted to compromise the election, why did they agree that CHAMS should conduct the election but another company should deliver the verification? Why didn’t they reject CHAMS entirely because if the election was to be compromised, it can be compromised at any stage so why the emphasis on verification alone.The reason for their agitation became apparent and a company called CRENET Techlab was hurriedly hired to clean the database and begin the verification all over gain.At this time,Arthurs supporters started jubilation at their success. unknowing of the harm they were about to do to themselves.

CRENET and the ECNBA were subsequently put under pressure by this new development. They worked day and night to meet deadlines,they struggled and received bashing from lawyers who did not at the time understand what they were going through. A new timetable was set and twice the timetable was amended .At the end of the exercise, more than 16,000 lawyers made it into the verification list but another problem was to follow.

During the second and third verification,Paul Usoro’s supporters raised an alarm that the supporters of Arthur were being given priority service in dealing with their complaints during the verification, no one paid attention to them even the presidential candidates who erroneously believed that they were cruising to victory. Who now are advancing arguments in favour of fairness. Paul Usoro’s supports also got wind of the fact that the campaign group of one of the candidates was verifying for lawyers using fake email address and without their consent. They raised the alarm but the perpetrators continued with their act. Most of the victims whose identities were stolen were Paul Usoro’s supporters. The perpetrators bragged about it with a jargon “if they won’t vote for us, they won’t vote at  all” this had been the same desperate attitude all through the campaign. They succeeded. More than a thousand lawyers especially from the Lagos branch of the NBA (Paul Usoro’s branch) had their identities hijacked and many of them could not resolve the problem until the results were announced.

Of course, the hurried nature of the process after CRENET took over the election made it impossible for them to conduct a perfect election .That is not unsusual.No election is perfect.

To the disappointment of those who tried unsuccessfully to manipulate the election in their favour, they lost .The emails they manipulated became a substantial requirement for voting and the fake emails they used could not help them. What followed showed that the supporters of one of the candidates who lost the election probably lost their mind too . They began to change the narratives in their usual manner to cause trouble. That will not work as they have continued to lose their popularity among right thinking lawyers.

The height of the desperation is evident in a statement they have issued and shared on social media where they impersonated a Senior Advocate of Nigeria and signed off with his name. In the statement, they said among other things that a post election audit was to be held after the election before announcing the result. That is the height of desperation. An election will be held, and then a post election audit held for many days before results  are released. That sounds ridiculous and desperate.

IMPORTANT QUESTIONS LAWYERS SHOULD ASK:

Why did Arthur Obi-Okafor agree that another company should conduct the verification but CHAMS should conduct the election in the meeting held in July at the NBA House.If he was really concerned about manipulations, he would have opposed it in Toto
Why did he continue with the election if he honestly believed that the process was skewed against him?
Why did he keep quiet when Paul Usoro’s supporters first raised the alarm that some of them were unduly excluded?
Why did he wait until after the election to issue a backdated statement of withdrawal?
If he wants us to accept his letter of withdrawal as duly communicated, what right does he have to pursue “justice” in an election he purportedly abandoned?
All the presidential candidates had a representative and an ICT expert who supervised the process.Why didn’t Arthur’s representatives  point out all these claims?
Lawyers are already asking these questions and until they are answered,the desperate claim of fraud by those who tried to defraud lawyers will continue to be watery. And for now,let us continue to  keep in mind that he who goes to equity goes with clean hands.

BODY OF SAN CONGRATULATES NBA PRESIDENT-ELECT, MR PAUL USORO

BODY OF SAN CONGRATULATES NBA PRESIDENT-ELECT, MR PAUL USORO

The Body of Senior Advocates of Nigeria (BOSAN) on the 23rd of August, 2018 sent a congratulatory letter to the Mr. Paul Usoro, SAN on his election as the new President of the Nigerian Bar Association (NBA).  The letter was issued through the Secretary of the Body, Seyi Sowemimo, SAN.

The letter went on to state that Paul Usoro’s election as President of the Bar comes with great responsibilities and expectations from the public. They also stated that the President-elect can count on the support of the Body in the discharge of his duties as the leader of the Bar Association.

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A view on tech for the African legal sector – African Regional Forum

A view on tech for the African legal sector – African Regional Forum

The interface of law and technology and its impact on the delivery of legal services globally has grown imperceptibly yet consistently over the last decade. Technology is facilitating cross-border legal services, helping firms reach a larger client base and providing consumers with a broader market of legal specialists and tools with which to access legal advice and information. Internally, law firms are slowly realising the benefits of technological tools to manage their business processes and deliver better value to their clients.

Through our work in various African jurisdictions, we have met and talked with lawyers and tech companies who are keen to develop and use technology and legal tech, in particular. Many tech entrepreneurs are also keen to build links across the continent that will facilitate connections with law firms and investors and collaborations with counterparts in Africa and beyond.

Already, there are flourishing tech collaborations within the financial, health and education sectors, but very little is known or understood about the legal sector and its needs. From the mobile money transfer app, M-Pesa – famously pioneered over a decade ago in Kenya and which has now been replicated globally – tech innovation has grown in other sectors, such as financial services, education, farming and healthcare – including the makings of a ‘robotics revolution'[1] to address infrastructure challenges. These innovations have also stimulated entrepreneurial ventures with over 300 tech incubators and hubs across the continent.

Most of the legal ‘techpreneurs’ in Africa are currently focusing on access to justice, access to law or SME-support type innovations – this is particularly the case in East and Southern Africa. These areas are likely to continue to influence most of the legal tech on offer, reflecting the (real or perceived) view that this is the biggest need in the African legal sector and, critically, where there is greatest availability of funding from multilateral and private donors.

There remain, however, untapped needs on the commercial side of the legal services sector and opportunities for tech innovators to provide solutions for African law firms and institutions to address various needs.
Efficiency

As clients demand better value, firms can use technology to deliver elements of their business strategy that in turn deliver greater value and reduced costs to their clients. Smaller firms can compete with larger, better resourced firms by automating tasks that were previously time- and resource-consuming. For institutions and regulators, technology can enable better communication and facilitate the provision of services to members including continuing education and management tools that lead to a stronger sector. The African tech sector is well placed to provide these services and tools for the legal sector.
Protection

Of course, technology can also bring risk to those operating within the legal services environment. Issues of cybersecurity and data management in an increasingly inter-connected world are starting to have an impact on African businesses and their advisers with few obvious local solutions in sight. Law firms are increasingly the target of cyberattacks – the much-publicised Panama Papers and Paradise Papers being the best-known cases in the last five years.

More than 11 million confidential documents were leaked to the public in 2015 following the cyberattack on the Panamanian law firm, Mossak Fonseca, detailing financial and other details held by the firm on behalf of its high-net worth and government clients from around the world. In 2017, the Bermudan law firm, Appleby, and other financial services companies were hacked and a total of 13.4 million confidential documents detailing the off-shore investments of individuals and companies were leaked into the public domain.

The rise of cybercrime and targeting of law firms as the repositories of client information has galvanised the tech sector to develop tools that firms can use to implement their internal policies and systems to protect themselves and their clients and mitigate against the more malign side-effects of operating in a technology-driven world. The African legal profession, with its requirement to observe strict client confidentiality, urgently needs the services of the tech sector to address their security needs before similar breaches occur with devastating results.
Innovation

Technology can give African law firms the means to be innovative and creative in the design and delivery of services, providing the tools to reach and engage with their clients in a way that was not conceivable even five years ago. Of course, innovation is not necessarily about the use of technology but, for those firms that are already taking a client-centric approach to their services, technology is bound to be an enabler of many of their objectives.

Despite African law firms being just as conservative as their bigger Western counterparts, there is a distinct entrepreneurial spirit fed by the need to find a competitive advantage and a young population that is much more tech savvy. Most firms are small and provide traditional legal services so the technology discussion, if at all, is still at the email and internal processes stage and only very slowly beginning to move into dispute resolution support.
Legal 4 tech sector growth

The fourth industrial revolution is making itself felt across the continent through the rise of technological innovation. The disruption of sectors and industries through the application of new technologies presents opportunities for the legal profession due to a growing need for new regulatory and legislative frameworks within which new services can operate and thrive. Data protection and privacy legislation, for example, is one area of great need across the continent. Lawyers have the skills and expertise to shape and influence public policy and regulation and create a facilitating environment for tech entrepreneurism to flourish.

In response to these challenges and opportunities, Hook Tangaza created the Africa Legal Tech Network (ALT Network) in 2018. ALT Network is an online platform and community which aims to stimulate creativity in legal technology entrepreneurship, connect lawyers with innovative methods and solutions, and facilitate an enabling policy and regulatory environment across the continent. By bringing the tech and legal sectors together, ALT Network[2] aspires to enable law firms to better protect themselves and clients, to provide services more efficiently and innovate across their service sectors by using technology.

Notes

[1] A robotics revolution – www.weforum.org/agenda/2015/03/10-technology-trends-to-watch-in-africa-in-2015.

[2] Join the conversation at www.alt-network.com.

Nankunda Katangaza
Hook Tangaza, London
nankunda.katangaza@hooktangaza.com
Source – www.ibanet.org