On 30th November 2019, it will be 30 years since the Convention on the Rights of the Child (CRC) was adopted by the United Nations General Assembly. Nigeria became a party to the CRC in 1991, just two years after. In order to incorporate the provisions of the CRC into Nigerian law, a Child Rights Bill was proposed in 1993 but was opposed by conservative religious groups and traditional rulers on grounds of incompatibility with religion and culture.

Numerous calls have been made for these states to incorporate the CRA into domestic law. Unfortunately, the peculiar constitutional arrangement of the Nigerian federation purportedly implies that unless these states incorporate the CRA into domestic law, it remains inapplicable in these states. Legislative competence under the constitution is divided between the federal and state governments. The federal legislature is competent to legislate on matters under the exclusive list and the concurrent list. The state legislature is competent to legislate on matters under the concurrent list. For matters not contained in either list, any federal legislation is only applicable in states to the extent of incorporation under state law. Child rights is a matter under the residual list and as a result, its provisions are only applicable in states to the extent that they are incorporated into the laws of the state. 

 It does not appear as though any of these states are not willing to change their stance with respect to the implementation of the CRA and in any case, as asserted by Ogunniran, trying to reconcile the CRA with Sharia Law is an exercise in futility. This does not however suggest that with respect to child rights protection, the federal government is helpless. Where there is a conflict between validly made federal and state law, federal legislation prevails and such state legislation is void to the extent of its inconsistency. Being federal legislation, the CRA should therefore prevail over any state law that is incompatible with its provisions. Surprisingly, this position is hardly advanced in mainstream arguments relating to child rights protection with emphasis being laid instead on encouraging Northern states to domesticate the provisions. This may be due to the fact that without a corresponding political will on the part of states, substantive implementation of the CRA will not be guaranteed even if its supremacy under the constitution is asserted to void incompatible provisions of Sharia Law for example.

Are there any alternatives? Perhaps focus need to shift towards reforming existing law for the purpose of implementing the provisions of the CRA. In the first instance, fundamental rights under the constitution are deemed applicable to ‘every person’ in Nigeria. According to Section 3 of the CRA, those provisions apply ‘as if they were stated in the Act’. It is in my view not far-fetched to argue that this implies that as far as it relates to children, the CRA should represent the authoritative interpretation of fundamental rights provisions under the constitution.

 Another option is to consider the CRA as being the universally applicable law in matters that relate to children under the exclusive legislative list. For instance, the National Assembly is empowered under the exclusive legislative list to make laws relating to the health, safety and welfare of employees. In this area, the CRA may apply in setting the conditions under which children may engage in labour even in states that have not implemented the CRA. The regulation of ‘prisons’ is also a matter under the exclusive list. The provisions of the CRA prohibiting life imprisonment for juveniles can on this basis be regarded as universally applicable on. Post-primary Education is also under the concurrent list, meaning that in cases where the provisions of the CRA conflicts with state law on post-primary education, federal law prevails. Emphasis may be laid on such constitutional guarantees in order to ensure that CRA provisions in this area is universally applicable. 

The United Nations Committee on the Rights of the Child has particularly suggested reforming existing law to ensure compatibility with the CRC. It is however noted that majority of the subjects of particular relevance to children including offences under the Criminal and Penal Codes applicable to Southern and Northern Nigeria respectively are not covered under either the exclusive or concurrent legislative list. Consequently, legislation enacted for the purpose of reforming existing law will still face the problem of limited applicability.  This has been the problem with enforcing subsequent child-rights friendly legislation such as the Violence Against Persons Prohibition (VAPP) Act 2015 which prohibits, among other things, Female Genital Mutilation (FGM) but is only applicable in the Federal Capital Territory. Another option might be broadly interpreting Item 61 of the exclusive legislative list under Schedule 2 of the Constitution to include certain matters that are covered under the existing Criminal and Penal Codes relating to children.

As evidenced above, there are different ways by which the substantive provisions of the CRA can be universally applicable even without domestic incorporation. Moving away from the incorporation of the CRA into domestic law, there is a stark reality that needs to be confronted one way or another with regards children in Nigeria. The numbers may conflict but current statistics show that Nigeria has the highest number of out-of-school children in the world . A significant number of Nigerian children are suffering from violation of their fundamental rights, even in states that have purportedly implemented the provisions of the CRA. In a legal context, the CRA is hardly used as a tool for child rights litigation and has only been referred to or relied upon in a handful of cases. A significant tool in enhancing child rights protection is the development of caselaw to that effect and the CRA needs to serve as a primary frame of reference in all decisions involving children, even in cases where the parties are adults. 

In all of this, it does not appear as though there is any form of political will either at state or federal level to specifically give effect to the provisions of the CRA. With respect to states that have implemented the CRA, greater effort must be made to ensure that its provisions are implemented. Cases involving children should be dealt with under the CRA in order to establish a significant body of case-law relating to child rights protection. Establishing a body of jurisprudence, no matter how significant, does not however replace the need to ensure that greater awareness is created among civil society of the status and relevance of the CRA. UNICEF Nigeria seems to be taking steps in this regard in ensuring that a copy of the CRC is made available to children in local languages . Reports have also emerged of a child-led petition to the Federal government of Nigeria to amend the constitution for the eradication of child marriage. Whether such awareness-creating steps will generate the necessary political and civil society support remains to be seen. One would Otherwise building an effective child rights protection framework may remain a mere pipe dream.

Fifehan Ogunde

If Nigerians can access safe, reliable and affordable power supply, livelihood would be meaningful, households would be lively, firms would operate competitively and businesses would flourish. This means more jobs for Nigerians and less forex outflows for the importation of foreign products. With a growing economy, a promising population and a GDP of 510 billion USD, Nigeria is acclaimed the largest economy in Africa and its highest FDI attractor.

Unfortunately, Nigeria’s power supply is mirage, and this means that the attainment of its vision 20:2020 depends intricately on its ability to leverage on its energy potentials and accelerate growth in its power sector.

The significance of power to Nigeria’s economy led to the ineluctable need to reform. The dawn of 2005 was greeted by the enactment of the Electric Power Sector Reform Act No. 6, 2005 (the Act), which saw to the unbundling of the electricity infrastructure and opened up the sector to participation of the private sector. Prior to the reform, the entire electricity value chain was fused into a vertically-integrated state-owned monopoly – the Nigerian Electricity Power Authority (NEPA), and consumer rights were basically nonexistent. 

The power sector privatisation and reform programme implied a liberalisation of the Nigerian Electricity Supply Industry (NESI) and privatisation of electricity utilities. This development was followed by surging demands for electricity and the need for a robust framework that will comprehensively protect consumers from the juggernauts of the privatised market, because exploring electric competition calls for intricate questions on how the new industry will be structured, how it should operate and how consumers will be affected.

Consumer protection issues are crucial to the Electric Power Sector Reform, as the purpose of the reform will be largely defeated if the new market also means augmented fraud, endless complaints, customer confusion, and other forms of consumer exploitation.

With a utility as crucial as electricity in private hands, a great percentage of electricity consumers in Nigeria are potentially exploited and are facing daunting challenges in the protection of their rights.

While the exploitation of consumers manifests across all sectors of the economy, especially the deregulated sectors of Nigeria’s economy like banking, telecommunications, etc., the menace is at a greater proportion and poses more significant threats in the power sector. 

Basis of Consumer Protection

Recognising that consumption is the essence of production of goods and services, the Act tasks the Nigerian Electricity Regulation Commission (the Commission) with an important mandate under its Consumer Protection Framework. 

Monye  portrays a picture of the consumer thus: 

There is high incidence of fake and substandard products. The problem cuts across various fields including the supply of services. Most often, consumers find themselves saddled with shoddy services, or even non-performance …the supply of shoddy products and services constitutes a big problem to the consumer.

In light of the above, there is a conscious legal policy by the government inspired by the recognition of the vulnerable position which the consumer occupies in the market place. 

The growth of the energy sector and the consequent expansion of its consumer base have been followed by intense consumer complaints cutting across issues of metering, billing, tariff, poor services, and so on. Hence, the law recognises that consumption is the essence of production, and thus puts in place legal and institutional frameworks for the protection of consumers in the NESI.

Consumer protection, no doubt, is one of such instances where state intervention is necessary. An ordinary consumer has the right to a sense of security about the products and services purchased in the marketplace. In the circumstance, a consumer is entitled to enjoy the right to protection against poor quality, right to stop unethical practices and right to see that Consumer justice is done. 

The government has sought to ensure the protection of consumers by assigning specific functions to some governmental agencies.  In the power sector, the state saw the need for administrative intervention institutionalising appropriate legal framework for consumer protection, hence the creation of agencies vested with authority to supervise, monitor and regulate the activities of operators and providers of services.

It follows that consumer protections laws and policies span directly from the fundamental rights enshrined in the Constitution. The right to fair hearing, for example, addresses issues of access to justice and consumer redress as a cardinal principle of consumer protection.

From a rule of law approach, the Nigerian Constitution is extant on the extent of deregulation in key sectors of the national economy vis-a-vis consumer protection. The fundamental objectives and directive principles of state policy under Chapter II of the Constitution, particularly section 16 of the Constitution sets out the economic objectives that should guide regulation, deregulation and reregulation, to the effect that the constitution requires an economy that is efficient but also secures “the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity”. Although the legal status of these directive principles is that they are not justiciable at the instant of a person who alleges that his rights have been infringed by the acts of government or another citizen,  this does not mean that they are divested of legal effect as they sought to guide executive actions in Nigeria. Every branch of government ought to reflect these directives in their policies and programmes, and where they fail to incorporate them, or act contrary to their requirement, such actions can be held as unconstitutional. 

Similarly, most of these consumer protections principles replicate the African Charter on Human and Peoples’ Rights, and the Charter, as held in Abacha v. Fawehinmi,  the provisions of the Charter are enforceable in Nigeria as any other law.

The Legal Framework

The power sector reform saw to the enactment of the Electric Power Sector Reform Act 2005, which creates a foundation for the protection of electricity consumers in Nigeria. This law is the industry-specific legislation for the protection of electricity consumers and electricity governance generally.

In a quest to reinforce the legal regime for the protection of consumers of goods and services across all sectors of the economy, the Federal Competition and Consumer Protection Act 2019 was enacted to provide a comprehensive legal framework for business competition and consumer protection across all sectors.

The relevant consumer rights’ surveillance and consumer protection institutions are the Federal Competition and Consumer Protection Commission and the Nigeria Electricity Regulatory Commission. While the former is the general consumer protection agency across all sectors enforcing the Federal Competition and Consumer Protection Commission, the later is the sector-specific regulator with mandate of protecting electricity consumers, operating within the purview of the Electric Power Sector Reform Act.

The objects of the Nigerian Electricity Regulatory Commission includes, among others, to ensure that an adequate supply of electricity is available to consumers, to ensure that the prices charged by licensees are fair to consumers and to ensure the safety, security, reliability, and quality of service in the production and delivery of electricity to consumers.  In carrying out the objects, one of the Commission’s functions is to establish appropriate consumer rights and obligations regarding the provision and use of electric services. 

Rights of Electricity Consumers

Prior to the power sector liberalisation and privatisation, consumer rights were left to the whims of the officials of the erstwhile NEPA. One of the innovations of the reform is the establishment of a set of consumer rights. In furtherance of its objects under section 32 or the Act, the Commission is mandated to establish appropriate consumer rights and obligations regarding the provision and use of electric services. In fact, the Commission is mandated by law to issue written reasons for and of its decisions affection the existing rights and obligations of any person(s). Some of the rights of electricity consumers today include:

1. Right to electricity supply in a safe and reliable manner.

2. Right to a properly installed and functional meter.

3. All new electricity connections must be done strictly based on metering before connection.

4. Right to be properly informed and educated on electricity services.

5. Right to transparent electricity billing.

6. All un-metered customers should be issued with electricity bills strictly based on the Commission’s estimated billing methodology.

7. Rright to be notified in writing ahead of electricity service by the DisCo serving the customer in line with the Commission’s guidelines.

8. Right to refund when overbilled.

9. Right to file complaints and to the prompt investigation of their complaints.

10. Any un-metered customer who is disputing his/ her estimated bill has a right not to pay the disputed bill, but to pay only the last undisputed bill as the contested bills goes through dispute resolution by the Commission.

11. It is not the responsibility of any electricity customer or community to buy, replace or repair electricity transformers, poles and related equipments used in the supply of electricity.

Conclusion

On a final note, it is the writer’s conclusion that the designation of the FCCPC as a co-regulator with the NERC in relation to consumer protection and the proliferation of the legal framework for the protection of electricity consumers in Nigeria breed inconsistencies and confusion. The provisions of the Federal Competition and Consumer Protection Act replicates the NERC’s mandate on the FCCPC and dictates its superiority in the event of any conflict with other existing laws, including the Electric Power Sector Reform Act.

This legal regime may be contestable and impracticable, particularly with respect to highly regulated industries, such as the power sector, having specialized skills and industry-specific legislation.

Recommendation

The consumer protection framework of the NESI should be vested exclusively in the NERC, because the dynamics of the power sector requires a certain level of expertise in energy law, electricity consumer protection and electricity governance. This calls for a thorough review and amendment of the Federal Competition and Consumer Protection Act to expunge its relevant provisions that replicate the Electric Power Sector Reform Act and hijacks the mandate of the NERC. These powers need to be clearly defined to ensure that conflicting and a multiplicity of regulatory compliance obligations are not created by the FCCPA. The EPSRA should also be amended and reinforced with more consumer protection principles to reflect the constitutional imperative for consumer protection in the NESI.

Jafar Atiku Muhammad 

The author can be reached onamjafar01@gmail.com 

LEGISLATIVE HOUSE MEMBERSHIP

Further to the constitution, the Senate house consists of 3 representatives from each state. The House of Representatives is comprised of 360 legislators. The basis for this number is not easily ascertained and one would suggest that there is no need for more than one representative from each state.

Qualification for membership of the house is on these grounds: minimum age of 35 years (30 years for house of representatives), education up to School Certificate Level and membership of a political party. There is very little stated with respect to the professional experience of the individual with respect to the sensitive function of law-making. It is understandable that as an elected representative of the people, membership qualification with respect to the Senate and House of Representatives should be as diverse and all-encompassing as possible. There is very little in the constitution to guide an assessment of the suitability of law-makers for the position. This itself is in need of review. Furthermore, there is no limit to the number of terms for serving as a member of the Senate and the House of Representatives. It may be necessary to introduce some form of limitation in this regard. This could be in a manner similar to the two-term limit imposed on the office of President or state Governor.

ELECTION TO THE OFFICE OF PRESIDENT 

Since 1999 when Nigeria returned to democratic rule following the death of the military dictator, General Sani Abacha, 2 out of the last 4 democratic presidents have been former military administrators. Major-General Olusegun Obasanjo was President and commander in chief of the armed forces between 1999 and 2007 (1999-2003,2003-2007) in addition to occupying office as a military administrator between 1976-1979. The current president, Muhammadu Buhari is also a former military administrator of the Federal Republic of Nigeria (1983-1985). Under the constitution, an individual is allowed to run for president unless he has been previously elected to the office of President at two previous elections. It should however in my view be amended to also exclude individuals who have occupied the post of President and Commander-in-Chief of the Armed offices under the military dispensation which at the moment is not the case. At the very least, a period of government under the military dispensation should be regarded as one term for the purpose of electing an individual to the office of President. It should also apply to those who have occupied the position of Vice-President under previous administrations. 

IMMUNITY

Under the constitution, there is some level of immunity from criminal prosecution for the President and Vice-President of Nigeria as well as the Governor or Deputy Governor of a State. This may be necessary in order to allow these elected individuals perform the functions of office without any unnecessary distractions. However, it is also important to remember that they are individuals elected by a people to whom they are held accountable. The office of President/Vice President should not serve as a form of sanctuary for individuals who may be acting contrary to the interests of the nation in engaging in illegal activities. If the elected officials have engaged in criminal acts while in office, there is little need waiting for their terms to expire before they can be prosecuted. The interests of the nation is sovereign and they are also bound by the laws of the land. Breaching the laws of the land while in office should also be dealt with by the rule of law as is the case for any other individual. They may be absolved from certain requirements associated with prosecution (such as attendance of particular court proceedings) in order to enable them perform their functions pending the decision of the court. Nevertheless there is a need to reconsider the current constitutional position on immunity for elected officials.

LEGISLATIVE LISTS 

Schedule II divides matters of legislative competence between the National and State Houses of Assembly. There are some problematic aspects of these lists. Item 61 of the Exclusive legislative list for instance regards as a matter of exclusive legislative competence ‘the formation, annulment and dissolution of marriages other than Islamic and Customary marriages’. The reasons for this may be understandable (protecting religious and cultural diversity). Nevertheless, such a position makes it difficult to ensure uniformity in the law pertaining to these areas. Bearing in mind the rise in the relevance of respect and protection of fundamental rights even in relation to personal matters such as marriage, one will consider it more beneficial for all forms of marriages to be included in this list. This also helps to dispel any notions of the supremacy of one religion over another. 

In conclusion, the constitution of the Federal Republic of Nigeria is highly complex and intricate. It seeks to balance several competing interests and to a large extent, the attempt to do so is highly commendable. Nevertheless, there are different aspects of the constitution that by nature serve as a hindrance to the implementation of progressive laws in the Nigerian system. The 1999 constitution is largely a reproduction of the constitution enacted in 1979 (almost 30 years ago). A number of significant changes have emerged nationally and globally since then. These changes need to be reflected in our Constitution. 

Fifehan Ogunde

The NBA Women’s Forum held its inaugural General Council meeting today, Wednesday the 30th October 2019, at the NBA National Secretariat Abuja. It will be recalled that the Executive Council of the Women Forum was recently inaugurated by the President of the Nigerian Bar Association, Paul Usoro SAN on the 17th day of September 2019.

In attendance were

Prof. Oluyemisi Bamgbose SAN, Chairperson of the Forum; Mrs Chinyere Okorocha, Vice Chair; Mrs. Nsidibe Aideyan, Secretary and Safiya Iweyi Balarabe, Treasurer. Other members of Council in attendance were H.E Anna Ishaku; Mrs. Florence Fiberesima; Ayotola Jagun and Hadiza D. S. Magaji.

The NBA Women Forum will be an influential voice in the society as well as globally, whilst taking the lead in addressing matters of interest to female lawyers in particular and the well being of women (including the girl child) n general.

 Kunle Edun

 National Publicity Secretary, NBA.

A bit of curiosity got me thinking
and trying to understand the difference between Legal Process Outsourcing and
Legal Service Offshoring. I did a bit of research and then thought to share my
now better grasp of both concepts.

 Legal Process Outsourcing refers to assigning
law-related tasks to an external firm (locally or globally) that is able to
handle those tasks efficiently. Legal Services Offshoring refers to getting
your legal work done in a different country, usually to leverage cost
advantages.

I know they really seem alike, but
one differentiating element turns out to be LOCATION.

For example, let’s assume a tech
company in Nigeria decides to contract a law firm in Nigeria to carry out all
law-ish activities, now that’s outsourcing. But in the case where the same tech
company contracts a law firm in India to carry out the law-related tasks,
that’s offshoring.

Yea, I know it still sounds
somehow….

Okay,
let’s look at some of the benefits and challenges for both concepts. 

This
is what I think. Whether you decide to outsource or offshore your legal tasks,
you should really consider the following:

1.     Competence and
efficiency of the contracting firm

2.     The flexibility of
communication between both parties (to what extent would technology be
leveraged to enhance communication)

3.     The flexibility of
availability for both parties (for instance, in the case of emergency sit-down
talks)

4.     Confidentiality and
Information security ( your data should be really important to you)

5.     Laws and regulations
that would guide such contractual relationship

6.     Your own peace of mind.

Thanks
for reading!

Kelechi Achinonu

Founder Techlawyered | Technology
Lawyer | LegalTech Advocate | Software Developer

Introduction

I must thank you for inviting me to this very important community within the NBA, to share my thoughts on a very important and timely issue. In an organization as big as the NBA, it is often easy for members to feel disconnected from the organization. The core value to be derived from meetings like this was captured by the celebrated Chinua Achebe when he said:

‘When we sit under the moonlight with our kinsmen, it is not because we want to see the moonlight – everyone can see it from his own compound. When we come together to feast, it is not because we are hungry- everyone has food in his house. It is because we are one, and it is right for us to do so.’

That is why branch meetings like this are very important and I must commend the leaders of this branch for organizing this meeting. Meetings like this sustain us as a community of lawyers, foster comradeship, and enable us to discuss very topical issues like the one we are here to discuss.

The Place of Lawyers within Nigeria’s Economy

As at October 2019, the IMF assessed Nigeria’s GDP to be slightly above US$ 446.5 Billion. Although this figure indicates a 21.4% drop from what our GDP was in 2014, it still earns Nigeria the title of the largest economy in Africa in terms of nominal GDP. It is often easy to take a myopic view of Nigeria’s position in Africa by looking solely at the nominal GDP and the aggregated performance of all sectors within the economy. Taking that view is quite restrictive and would prevent us from adequately identifying all of the areas requiring the services and finesse that only lawyers can provide. In conversations like this, many people tend to forget that Nigeria is also the largest in Africa in terms of actual human resources. Nigeria has a population of approximately 200.96 million people according the IMF’s most recent estimates. This represents a workforce, a market, and a pool of potential clients for our colleagues who operate outside the core corporate and commercial sphere.

In simple terms, lawyers are the backbone of the economy. Our legal system is founded on received English law, the bulk of which is common law. Common law is a system of laws designed to maximize the wealth of society – the economy. As lawyers, therefore, everything we do has a direct impact on the economy. For example, our colleagues specializing in general contract and property law are performing key functions in the economy as they are concerned with creating and defining property rights or rights to the shared or exclusive use of valuable property, and facilitating the voluntary transfer of property rights into the hands of those who value them the most. In the same vein, our colleagues specializing in general torts law are also serving the economy by protecting personal and property rights. 

Our colleagues specializing in criminal law are also extremely important for the preservation and development of our economy. When battery becomes grievous harm or murder; or when assault becomes sexual assault and rape; or when passing-off becomes criminal deceit or fraudulent misrepresentation; or when trespass to chattel, conversion or detinue becomes extreme and takes on the character of corruption, robbery, theft, or stealing – or as the economist would describe it “the pure coercive transfer of wealth or utility from the victim to the wrong doer” – then criminal law kicks in. Therefore, accentuating the importance of our colleagues carrying on in the critical function of criminal prosecution and criminal defence. Thus, from an economic perspective, criminal law is essentially a more punitive backup to tort law.

Our colleagues specializing in constitutional and administrative law may also feel that their roles within the legal system are tangentially related to wealth maximization and the development of the economy. That is also the wrong view. The law and politics of revenue allocation, election cycles, court system, national budgeting, fundamental rights and the basic principles that should undergird state policy (to mention a few) are largely regulated by the Constitution. These are issues that impact directly on our economic wellbeing as a country. 

The public service and all regulatory offices fall within the purview of our colleagues practicing administrative law, whether as legal officers in government departments or in the private sector. Virtually all businesses done in Nigeria and all taxes paid are conducted and paid through regulatory offices. It is therefore easy to articulate the crucial roles our colleagues in that realm should play or should be playing.

As a developing economy, Nigeria is very reliant on international private capital in the form of foreign direct investment. The capital flows into Nigeria encourage investment in and expansion of our manufacturing (including extractive industries), financial services, communications, technology, power, entertainment, real estate and hospitality sectors. This provides an array of opportunities for lawyers with different skill sets and has triggered an increase in the demand for commercially aware and business savvy lawyers. Business structures and practices within Nigeria are becoming much more complex, nuanced and are evolving rapidly. Regulators, on the other hand, are evolving at a significantly slower rate and this generates regulatory risks and inefficiencies for the businesses operating in Nigeria. In addition to this, when new laws or regulations are enacted, old businesses have to adjust, and the new ones have to comply. This creates a special and unavoidable need for lawyers with a sound understanding of the legal needs of these businesses, their commercial objectives, and the regulatory environment. In fact, industry professionals and business leaders know that they need to maintain a strong relationship with us in order to avoid regulatory landmines, accelerate growth, and maximize returns.

Although, the legal system appears to sit within the economy, a deeper squint would reveal that the economy and finance are actually legally constructed and do not operate outside the law. Financial assets are contracts, the value of which depends largely on their legal vindication. Whether a financial asset will or will not be vindicated is a function of legal rules and their interpretation by courts and regulators. The same holds true for the economy and every sector within it since the economy is essentially the aggregation of the financial and other assets within the country. This means that our duty to serve and protect the legal system imposes an obligation on us to serve and protect the economy. The key roles we play in facilitating knowledge exchange, the interpretation of laws, and law reform also helps in reducing the regulatory risks associated with doing business in Nigeria and encourages the international flow of investment capital to Nigeria.

Above all else, our colleagues in the academia play the most important role because besides the fact that their research facilitates law reform, they dedicate themselves to the training of those who would perform these key functions and serve the economy tomorrow and in the future. 

Having gone through all of the above, the answer to the question of where lawyers fit in becomes significantly simple. Quite literally, lawyers fit in everywhere. We fit nicely into every cell in every sector of Nigeria’s economy; and in those cells, we are the mitochondrion. For those of us who may not remember our elementary biology, we are the powerhouse since we advise on what is legally permissible or not, facilitate the making and interpretation of laws, facilitate the enforcement of rights and the resolution of disputes, provide commercially sound legal advice to the businesses feeding the economy, and most importantly, we train those who would perform these functions tomorrow and in the future. We are the crucial link that bridge the gap between the legislative intention, the judicial interpretation, and the market reality.

To my mind, therefore, the more appropriate question is: do we all have the nuanced skills required to sufficiently perform our roles in servicing the economy?

Nigeria has been a mono-product economy for a very long time, and this has had implications on the structure of legal practice, the required skill set and training needs (pre and post Call). However; in the past two decades, successive governments have made concerted efforts to diversify the productive base of our economy. The progress has been very slow but their efforts have led to significant improvements in telecommunications, power, financial services, agriculture, oil and gas (hydrocarbons generally), media and entertainment, technology, and increasingly, sports. These are all sectors that require nuanced legal services both on the transactional side and on the dispute resolution side. 

Sadly; we, who are supposed to be servicing the economy and all sectors of it, still rely very heavily on the structure of legal practice, the skills set, and training methodologies established under and designed for the slowly fading mono-product structure of our economy. The economy is changing, and with it, the market for legal services is also changing. The problem is that existing and future lawyers have failed to change with the market. We are not dynamic. We are largely still stuck in the 90s. Most lawyers today are not fit for purpose and the more worrisome issue is that even those who are undergoing training to become lawyers may not also be fit for purpose if nothing is done to correct the trend.

For example: Nigeria has been producing hydrocarbons for decades. How many lawyers understand what hydrocarbons are and can comfortably advice a hydrocarbon business on the legal and commercial issues related to the establishment, management, financing, restructuring and dissolution of such a business? We regularly hear of feuds between record labels and artists in the entertainment industry and of feuds between football club owners and their players. How many lawyers understand what contracts and disputes in those sectors entail? The same goes for technology and even general dispute resolution. Dispute in court is the end game in today’s world. It should not typically not get to court if lawyers have done their work well in the contracting stage and at the stages of alternative dispute resolution. Leaving titles and suffixes aside, how many lawyers are actually skilled in alternative dispute resolution? 

Nigeria depends, a lot, on international private capital in the form of foreign direct investment. The providers of this capital do not trust Nigerian lawyers. Typically, they engage English lawyers and only use Nigerian lawyers on specific questions on Nigerian law. Increasingly, we see that many indigenous investors are also losing faith in Nigerian lawyers. They engage foreign lawyers to advise on the technical parts of their transactions and only resort to Nigerian lawyers on specific questions of Nigerian law. Truth be told, the fact that most of us are still able to practice law and earn a living is due largely to the protectionist provisions in the LPA and the RPC. Foreign lawyers are taking away business from us, to the extent they can, and when the AfCFTA goes live, many Nigerian lawyers may be relegated to the sidelines.

Ideally, when the government pursues a policy that encourages development in a specific sector of the economy, that policy should also include modalities for the training of lawyers to service the legal needs of that sector. For instance, a policy designed to encourage the development of the agricultural sector should also include strategies for teaching agriculture in schools, for teaching food and agriculture law to law students, and for providing continuing legal education on food and agriculture law to interested lawyers. But overtime, the government has failed to designed such all-encompassing policies. That does not mean that the NBA must fail too.

The NBA is an extremely influential organization and it must rise to the occasion. It must ensure that the economy is serviced by lawyers who are reasonably fit for purpose. If the government fails to drive the policy on nuanced legal education, the NBA must design and drive that policy. The NBA must ensure that the training methodologies at the universities and the law school are designed to produce lawyers who understand the nuances of the current and emerging market for legal services. The NBA must ensure that there are credible continuing legal education programmes for existing lawyers to support the development of the skills required to provide nuanced legal services.

Conclusion

The productive base of our economy is expanding, and with it, the market for legal services is also expanding. We must ensure that the legal skills we have are fit for purpose and are able to adequately serve the economy. The NBA has a major role to play in designing and driving the policies that will support the development of the nuanced skills set required to service that economy. We must all be committed to ensure that it plays that role to the best extent possible.

Thank you very much for listening. 

The Met Skills Limited in collaboration with the Metropolitan law firm is set to host the 4th African International Conference on Islamic Finance (AICIF), in Lagos from Monday November 4th 2019 to Tuesday the 5th.

The event, which will take place at Eko Hotels & Suites, Victoria Island, Lagos, will bring together experts in finance, law, infrastructure and various other sectors and segments of the economy.

The two-day conference themed “Infrastructure Financing, Sustainability and the Future of African Markets” will feature the Emir of Kano, his Highness, Muhammad Sanusi II, CON as the first keynote speaker, while Oussama Kaissi, Chief Executive Officer of the Islamic corporation for the Insurance of Investment and Export Credit (ICIEC) of the Islamic Development Bank Group, will give the second keynote.

Speaking about the forthcoming event, the conference chair and Managing Partner of Metropolitan Law Firm, Ummahani Amin disclosed that one of the fundamental goals of the conference was to establish a community of Practice that will serve as a credible resource/support for Islamic Finance deal structuring and create a platform for financial institutions and other key eco-system players to demonstrate their commitment and support for the development of Islamic Finance in Africa.

“With focus on Islamic Microfinance as a tool for financial inclusion, poverty alleviation and promoting economic growth, the AICIF conference hopes to motivate financial institutions to push for more defined regulations on Islamic finance,” she said.

Unveiling some of the speakers at the 4th AICIF, Amin revealed that the line-up included, thought leaders and experts from different jurisdictions where Islamic Finance has progressed. Among these are, Mallam Nasir El-Rufai, governor of Kaduna State; Muhammed Dabai Suleyman, Director, FSS2020; Ahmad Usman Kollere, Assistant Director (Head, Financial Inclusion) NAICOM Abuja; Toyin. F Sanni, Group CEO, Emerging Africa Capital; Gbenga Oyebode, Chairman, Aluko & Oyebode; and Dr Konstantinos Tsanis of FinTech Association of Nigeria – who is currently leading the innovation and transformation arm of Alat, created by WEMA Bank.

Others are, Abdulkader Thomas, Chairman, Shariah Board, Sterling Bank; Norfadelizan Abdulrahman, MD, TAJ Consortium Limited; 

The Chair of the conference stated that with the line-up above, there would be an enormous wealth of experience to be shared at the conference, which according to her has the potential to lead to exponential growth & development in the country.

The Metropolitan law firm is a multi-specialist law firm established in 2006 with profound understanding of the investment environment of the capital Market and business Laws in Nigeria.  It has distinguished itself in the financial services sector and continues to provide seamless services to its diverse clientele, which include high net-worth individuals, public and privately held commercial Businesses and Financial institutions.