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September, 2017 Lagos, Nigeria

ARE WE PREPARED FOR THE REVOLUTION? Welcome to yet another edition of ESQ Legal Practice Magazine. This edition is specially dedicated to the NIGERIAN BAR ASSOCIATION annual general conference 2017. The planning committee for the annual general conference had chosen as their theme; business and institution building which are matters essential to enterprise, government and the society. The theme reflects the most critical challenge faced by Africa today.

frica is strategically located south of the Mediterranean Sea and Europe with the Indian Ocean to the southeast and the Atlantic Ocean to the west. Africa is the second largest continent on the planet, next to Asia. With an estimated population in 2016 of 1.2 billion people, Africa is about 14 percent of the entire world's population and is home to 54 recognized sovereign states and countries, 9 territories and 2 de facto independent states with very little recognition. Two of the most well-known land features exist in Africa: The Nile river and its basin and the Sahara desert. The Sahara is the world's largest non-arctic desert and is almost as big as the country of China all on its own. 41% of the African population is under the age of 15, and this youth population signifies the real importance of our continent in global discuss. It is not also by coincidence that our country Nigeria is specifically positioned at the heart of Africa with its own

allure of abundant, human and natural resources. Nigeria alone has a population of over 200 million people and an emerging economy with average Gross Domestic Product (GDP) worth about 405.10 billion US dollars in (2016). This represents about 0.65 percent of the world economy. Nigeria presents a land of opportunities. To aid and support the realisation of this huge potentials are over 160,000 qualified legal practitioners who have been adjured fit and proper by the council of legal education and admitted to the Nigerian bar. Over 60% of this exceptional gentlemen work in-house in the various private and public organisations in Nigeria while the remaining 40% are engaged in private practice as barristers and solicitors. Also about 60% -70% of the Nigerian lawyers are predominantly young lawyers between the ages of 21 and 40 and between 1-10 years at the bar. About 6,000 aspiring professionals are also trained, satisfied and passed out of the 6 campuses of the Nigerian

Law School and are subsequently called to the Nigerian Bar every year, while between 23000â&#x20AC;&#x201C;43000 are undergoing their undergraduate program in the almost 43 law faculties scattered around the country. It is projected that in the next 10 years, between 60,000 to 100,000 new wigs will join the noble profession in Nigeria.

necessary legal and regulatory reforms to ensure that our mandatory continuous legal education is truly enforceable? I believe issues of ethics regulation and continuous legal education are the three core pillars that if well managed will of a necessity transform the bar, ensure better participation by members and generally improve our rating as the The biggest question however vanguards of not only democratic ethos but also of is, how prepared is the economic prosperity in Africa. NIGERIAN BAR ASSOCIATION to manage and regulate the legal May I congratulate the profession in Nigeria? Who Nigerian bar association under sets the standards? Are the able leadership of Alhaji lawyers really prepared to Abubakar Balarabae Mahmud, demonstrate the value of their SAN for this year's conference contributions to national and while I also celebrate specially economic life of the country? our own Professor Konyinsola Isn't it time we re-look into the Ajayi SAN led NBA AGC issues of continuous legal planning committee for education and continuous leading an innovative change professional development? in the annals of Bar When shall we set the Associations in the entire continent of Africa.

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THE RARE GEMS MADE FROM HEAVEN In every age and time, the mood and the spirit of the judiciary is determined by the quality of its personnel. In a developing democracy like ours where executive lawlessness and political prostitution has become the norm, the need to have a virile, innovative and vigorous judiciary become a sine qua non. Lere Fashola pays a glowing tribute to Quintessential sisters, Hon Justice Ayotunde Philips (Former Chief Judge of Lagos State) and Hon Justice Olufunmilayo Atilade (Incumbent Chief Judge of Lagos State)

their climb to judicial prominence. While Honourable Justice Ayotunde Phillips got to the position in February 1994, her sister arrived the same position two years later. By her swearing in Hon Justice Atilade became the 15th and 5th female Chief Judge of Lagos State, thereby making Lagos the only State that has had female Chief Judges back to back for five years even as a history which no doubt remain difficult to reenact in any part of the world and also the only state in the world that has made two sisters Chief Judge of the History was made in the State back to back. This history Judiciary globally when on according to His Excellency August 20, 2014, Justice Mr Babatunde Raji Fashola Ayotunde Phillips, the (the then Governor of Lagos immediate past Chief Judge of State will be difficult to beat in Lagos State handed over any part of the world. power to her younger sister, Justice Funmilayo Atilade, On June 14, 2012, Hon. Justice who was then her second in Phillips reached the pinnacle command. Both children of Hon. Justice Oladipo Williams, of her career at a historic oathwere born in London, England taking ceremony, which automatically made her sibling and followed each other in uintessential sisters and judicial role models, Hon Justice Ayotunde Philips and Hon Justice Olufunmilayo Atilade's lives have become inspiration to many who aspire judicial success in Africa. Not only were the duo born of same parentage but their ascention to highest level of judex in the Lagos State Judiciary in what was once a male dominated profession is a feat that is very rare not only in Africa but globally.

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the next most senior judge in the Lagos Judiciary, making her the judge in the Lagos Division, while her sister, the new Chief Judge, presided from the Ikeja Division in the State capital.

PROFILE OF HON JUSTICE AYOTUNDE PHILIPS The immediate past Chief Judge of Lagos State, Hon. Justice Ayotunde Adeyoola Phillips (Nee Williams) was born on the 26th day of July 1949 in London, England, United Kingdom to Hon. Justice James Oladipo Williams and Mrs. Henrietta Aina Williams, and both now of blessed memory. Her late father was a High Court Judge, which makes her a second generation Judge. She gained admission into the Faculty of Law, University of Lagos, Akoka, Yaba following the advice of her father to study law. She graduated with LLB (Honours) in June 1973.

She was called to the Nigerian Bar in 1974. Her working career began when she served as a junior counsel in the Chambers of the late Kehinde Sofola, SAN in 1975. A year later, she was employed as a Legal Officer with the Lagos State Development and Property Corporation (LSDPC), where she rose through the ranks to the position of Secretary/Legal Adviser of the Corporation. In 1990, she transferred her service to the Lagos State Ministry of Justice where she held the positions of Director of Commercial Law and Director of Civil Litigation before her elevation to the position of a Judge of the High Court of Lagos State in February 1994. Hon. Justice Ayotunde Phillips held several judicial positions during her career on the Bench such as the Chairman, Panel of Enquiry into the sale of the

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Ministry of Justice where she attained the rank of a High Court Judge in 1994. On July 2012, she was appointed as the Chief Judge by Babatunde Fashola and retired on June 2014.

Lagos State Government Shares in Eko Hotels Ltd (1999 ); Member, Advisory Committee of the Nigerian Rule of Law Assistance Project hosted by the National Centre for State Courts, Washington DC and USAID ( June 20002004 ); Member, Election Petitions Tribunal, Rivers State ( September 2000 – April 2001); Member, Election Petitions Tribunal, Adamawa State ( November 2001 – March 2002 ); Probate Judge ( 2001-2004); Administrative Judge, Ikeja Judicial Division ( March 2009 – April 2010 ); Chairman, Welfare Committee, High Court of Lagos State (20042009); Head Judge, High Court of Lagos State ( April 2010 – June 2012 ); Chairman, Lagos Settlement Week ( September 2010 to June 2012). On 14th June 2012, she was sworn in as the 14th Chief Judge and 4th female Chief Judge of Lagos State. She retired from the High Court Bench on the 26th of July 2014 upon the attainment of the statutory retirement age of 65 years. She had by then served the Lagos State Government for 38 years out of which 20 years were spent on the High Court Bench.

Women Judges (IAWJ), Nigerian Association of Women Judges (NAWJN), World Jurists Association (WJA), Commonwealth Magistrates and Judges Association (CMJA), Ladies Roundtable (Social Club), Guild of Stewards, Diocese of Lagos West. She is currently the Legal Adviser to the Ikeja Archdeaconry, Diocese of Lagos West, Ikeja, Lagos and also the Deputy Chancellor, Church of Nigeria (Anglican Communion), Diocese of Lagos West, Ikeja, Lagos State. She is also a member of the Chartered Institute of Arbitrators, UK; Country Chair of the Nigerian Conflict and Management Group; Member, Board of Trustees, Association of Multi-Door Courthouses of Nigeria and Member of the Board of Directors of Lagos Court of Arbitration.

On the 29th June 2016, she was sworn in as the Chairman of the Lagos State Independent Electoral Commission (LASIEC). She started her career at Kehinde Sofola’s Chambers on November 1975, a year after she was Call to the bar. She left the chamber on September 1976 to join the Justice Phillips is a member of services of the Lagos State Development and Property Young Women's Christian Corporation as a legal Officer Association (YWCA), and rose to the position of International Association of legal adviser in 1990, the same Women Lawyers (FIDA), year she got a transfer to the International Association of 14

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“On July 10, 2014, when I received notification from the National Judicial Council recommending to us the appointment of Hon. Justice Funmilayo Atilade as the new Chief Judge of Lagos, I could not but whisper to myself that this would be a history that On 26th July 2014, Hon Justice would be difficult to re-enact, Ayotunde Philips having as I approved her appointment attained the age of 65 as and forwarded her name to constitutional mandated the Lagos State House of retired from the Lagos Assembly for confirmation”. Judiciary as the Chief Judge of Lagos State and was succeeded by her younger It is expected that on sister Hon Justice September 24th 2017 when Oluwafunmilayo Olajumoke Hon Justice Olufunmilayo Atilade. Atilade shall have attained the age of 65 as prescribed by the Constitution of the Federal PROFILE OF HON JUSTICE Republic of Nigeria 1999 she OLUFUNMILAYO ATILADE would be expected to step Just as her sister, Hon. Justice down as the Chief Judge of Olufunmilayo Olajumoke Lagos State. Atilade was born on September 24, 1952 in London, CONTRIBUTIONS OF THE England by the late Justice James Oladipo Williams and WILLIAMS SISTERS TO THE LAGOS JUDICIARY. Henrietta Aina Williams, a The Williams sisters ruled the Lagos state born Judge. She Lagos Judiciary as Colossus. obtained the West Africa School Certificate Examination Memories will forever linger in the galleries of the mind of at Anglican Girls Grammar all showing the lives of rare School in Surulere, a gems and great judges. metropolitan city of Lagos. Memories which paint the She obtained a bachelor's pictures of inexhaustible degree in Law from the Uniersity of Lagos in 1975 and courage and will which was called to the bar in 1976. reassures us that in this country by the grace of God, trial and error and by Hon. Justice Olufunmilayo perseverance over the years Atilade started her law career we succeeded in producing at the Federal Ministry of two great sisters and Justice as a State Counsel in quintessential judges of whom 1977 and later joined the any nation will always be services of the Nigerian Ports proud. Authority as a senior legal officer in 1979. Having worked for three years at the Nigerian The Williams sisters will forever be remembered for the Ports Authority she was penchant for judicial reforms, deployed to the Lagos State Judiciary as Senior Magistrate court digitalization, before she later became Chief continuous development of judicial personnel. And the Magistrate Admin at Apapa Magistrate court. On July 1996, standardization of the Lagos State Judiciary. she was appointed Judge of the High Court of Lagos under the administration of the As the Chief Judge of Lagos military administrator, State, Hon Justice Ayotunde Mohammed Buba Marwa. On Philips' recorded great August 20, 2015 she was achievements. She met an appointed as Chief Judge of analog Judiciary but made a Lagos State His Excellency huge feet leaving behind the Babatunde Raji Fashola SAN, first electronic filing system the Governor of Lagos State to for cases in Courts, the first in succeed her sister Ayotunde Nigeria. With the successful Phillips and became the 5th implementation of the Lagos female Chief Judge. Magistrates Courts Reforms AT the swearing in ceremony of Hon. Justice Atilade, His Excellency Mr Babatunde Raji Fashola SAN said,

Law and a stronger magistracy and an electronic search and archiving system for litigation, land and probate matters are truly remarkable reforms in only two years.

For those who believe success is not congenital, the story of Ayotunde and Olufunmilayo will surely be a huge exception. Building on the success of her sister, Olajumoke Atilade will be leaving a greater Judiciary that she met almost three years ago. It is on record that Olajumoke Atilades reign on the Lagos Bench has brought monumental development to the state judiciary. From the mass decongestion of the Lagos Courts. To training and welfare of judicial officers in continuation of the work and

the re organisation of the court filling system including massive deployment of Information and Communication Technology and continuous judicial reforms including ensuring a self accounting arm of government as done in other arms of the Government thereby making the Judiciary to be in control of its finances to enable it to be truly independent. In all Under Atilade J., Lagos High Court has been very well secured and organized much more than at any time in the history of the Lagos state judiciary.

As another daughter of Williams J. and the very first Judge to succeed her sister as the Chief Judge of Lagos State or any State all over the world prepares to step down and retire, Atilade. J's message to the whole world, to upcoming and aspiring judges remain, â&#x20AC;&#x153;never be discouraged, work hard, persevere and do not despairâ&#x20AC;?.

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TOWARDS A COMPETITIVE ELECTRICITY MARKET: THE BERTHING OF ELIGIBLE CUSTOMERS

One overarching objective of the Electric Power Sector Reform Act, 2005 (the “EPSRA”) and the privatisation of the Nigerian power sector is to introduce and advance a competitive electricity market. Many policy pronouncements since the privatisation - including the debateable declaration of a transitional electricity market in February 2015 - all point in this direction. In setting the Nigerian Electricity Supply Industry (“NESI”) for competition, the EPSRA contemplates that the minister charged with the responsibility for power (the “Minister”) will declare a certain class of electricity customers as “eligible customers” who shall be entitled to purchase electric power from successor electricity generation companies and independent power producers (the “Generation Companies”).

o determine the consumers who qualify as eligible customers, the Minister is empowered to issue directives to the Nigerian Electricity Regulatory Commission (“NERC”) specifying the class or classes of end-users that may, from time to time, constitute eligible customers. In the exercise of this power, the Minister on May 15, 2017 issued a directive (the “EC Directive”) to the NERC specifying different categories of “eligible customers” in the NESI. By the EC Directive, the NESI welcomed a new class of customers who are eligible to purchase electricity directly from the Generation Companies. In essence, these customers are now entitled to sidestep the electricity distribution companies (the “Distribution Companies”) and enter into direct contracts with the Generation Companies for the purchase of electricity. Whilst this pronouncement was

commended by some as a long-awaited step that signals another milestone in the journey towards a fully competitive NESI, others view the pronouncement as premature given that the preconditions necessary for a fully competitive market are lacking in the sector. The latter view is reinforced by the fact that the market is yet to be fully driven by contracts as expected in a truly competitive market. It is against these mixed reactions that we set out in this article the details of the EC Directive and its potential implications on the sector and the key players in it.

registered with NERC whose consumption is no less than 2MWhr/h and are connected to a metered 11kV or 33kV delivery point on the distribution network subject to a distribution use of system agreement for the delivery of electrical energy. b) End-users connected to a metered 132kV or 330kV delivery point on the transmission network under a transmission use of system agreement for connection and delivery of energy. c) Endusers whose consumption is more than 2MWhr/h on a monthly basis and are connected directly to a metered 33kV delivery point on the transmission network under a transmission use of agreement. Eligible THE DESIGNATED CLASSES system customers in this category OF ELIGIBLE CUSTOMERS must have entered into a The EC Directive establishes bilateral agreement with the four broad classes of end-users distribution licensee licensed who, based on their level of to operate in the location, for consumption of power and the construction, installation their point of connection on and operation of a distribution the network, qualify as eligible system for connection to the customers. The four categories 33kV delivery point. d) Endare as follows: a) End-users users whose minimum

consumption is more than 2MWhr/h on a monthly basis and are directly connected to the metering facility of a Generation Company. Again, customers in this category are required to have entered into a bilateral agreement with the distribution licensee licensed to operate in the location for the construction and operation of a distribution line.

THE MARKET IMPACTS OF THE DECLARATION The EC Directive has varying degrees of impact on different players in the electricity value chain. There are implications for the various licensees in the sector and for other consumers of electricity who may not themselves qualify as eligible customers. These multidimensional impacts are considered below

A sunny day for the Generation Companies The EC Directive was expressed to be very much 17

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For the Distribution Companies, the competition transition charge could be justified on the basis that the Distribution Companies already made adequate infrastructure provisions to ensure the provision of electricity to the departing eligible customer. Whilst allowing the Minister to declare eligible customers, the EPSRA requires that where the Minister, after consultation with the President. anticipated by the Generation Companies given the potential positive implications on their businesses. In the light of the industry acclaimed low level of collections by the Distribution Companies, and the corresponding low remittances to the NESI by the Distribution Companies, the liquidity challenges in the NESI have exacerbated. This certainly does not augur well for the Generation Companies, their gas suppliers and other sector players who rely almost entirely on collections and remittances by the Distribution Companies. We expect that the EC Directive is likely to increase the revenue of the Generation Companies as it opens up another stream of income arising from their direct sale of electricity to the eligible customers, separate from revenues expected under their long term offtake contracts with the Nigerian Bulk Electricity Trading PLC (“NBET”), or revenues that may be derived from the sale of electricity to Distribution Companies under different arrangements. Closely linked to this is that the implementation of the EC Directive could result in more financing opportunities for the Generation Companies. Currently, although the NBET provides buyer credit “…the EC Directive is likely to increase the revenue of the Generation Companies as it opens up another stream of income arising from their direct sale of electricity to the eligible customers…” support to the Generation Companies in the form of letters of credit, the Generation Companies have not, for various reasons (including pending litigation), been able to cash-in on the credit support provided by NBET. This, coupled with the overall liquidity challenges in the sector, has adversely impacted on the ability of the Generation Companies to raise additional financing for their operations. We therefore expect that, with the EC Directive, the Generation Companies may be able to sell their output to creditworthy 18

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eligible customers, and they can manage their payment and collection risks by obtaining adequate, easily assignable, enforceable and ultimately bankable credit support from such customers to backstop payment obligations. This will no doubt support their financing drive even if for a small percentage of their operations. Incidentally, the above optimism could, to some extent, be adversely affected by the fact that the pricing regime for the eligible customers is benchmarked against the prices charged by the NBET for electricity supplied to the Distribution Companies (a point which is further discussed under a separate heading in this article). Besides increased revenue and better assurance of payment, the Generation Companies will also be able to ramp up generation capacity as well as mop up their stranded capacity to trade with available eligible customers. This could also help address the reported practice of Distribution Companies rejecting load allocation by the system operator which in turn is constrained to – in a bid to maintain system stability – direct the Generation Companies to ramp down their generation capacity.

parties consumers. Unfortunately for the Distribution Companies, the EC Directive could immediately be perceived as another potential erosion of their customer base, and by extension their revenues. This concern stems from the fact that the classes of persons who qualify as eligible customers as declared by the Minister appear to be extensive, and also consist of “maximum demand” customers. The said classes comprise mostly of industrial electricity consumers and large residential estates with usually high electricity demand, and constituting a substantial part of revenue sources of the Distribution Companies. In the event that these customers opt for the direct supply of power from the Generation Companies, this could whittle away a significant chunk of the revenues of the Distribution Companies, thereby leaving the Distribution Companies with a customer base primarily comprised of the lower demand customers and further aggravating the low collection levels experienced by the Distribution Companies. The above notwithstanding, it is not likely that the Distribution Companies will lose out completely under the new regime. In some instances, the Further erosion of the eligible customers (in Distribution Companies' particular those that are bottom line? connected to a metered 11kV Neither the law nor the or 33kV delivery point on the licences issued to the distribution network) will be Distribution Companies required to enter a distribution authorise them to operate use of system agreement exclusively or as monopolies under which the Distribution in their distribution zones, Companies may still benefit although as a matter of from the tariffs; and the practice, the Distribution eligible customers that are Companies tend to generally directly connected to the operate as such. This seeming metering facility of a monopoly or exclusivity has Generation Company may been under attack in recent enter into a bilateral times especially when one agreement with a Distribution considers the effects of the Company to construct and proposed mini-grid operate distribution facilities. regulations, the licensing of We expect that these options independent electricity could substantially cushion distribution networks, off-grid the revenue loss for the generators, and captive Distribution Companies. In generators who sell their addition, where the excess power directly to third

declaration of eligible customers is found to have resulted in decreased or inadequate revenue for a Distribution Company, the Minister is empowered by the EPSRA to issue further directives relating to the collection of “competition transition charges” from consumers and the eligible customers. The working of the competition transition charge is briefly discussed below.

OTHER IMPLICATIONS OF THE EC DIRECTIVE ON THE NESI Apart from the above impacts of the EC Directive on the Distribution Companies and the Generation Companies, there are other issues raised by the directive which may only become clearer upon implementation. These include the following:

Competition transition charge Generally, competition transition charges apply when a retail or wholesale energy customer switches from one

supplier to another and a fee is levied to compensate the supplier for costs that the supplier may have incurred to make sufficient energy available to that customer. For the Distribution Companies, the competition transition charge could be justified on the basis that the Distribution Companies already made adequate infrastructure provisions to ensure the provision of electricity to the departing eligible customer. Whilst allowing the Minister to declare eligible customers, the EPSRA requires that where the Minister, after consultation with the President, determines that the declaration of eligible customers will result in decreasing electricity prices to such an extent that a trading licensee or a Distribution Company would have inadequate revenue to (i) enable it to pay for committed expenditures; or (ii) earn permitted rates of return on its assets, despite the Distribution Company's efficient management, the Minister may issue further directives to

the NERC on the collection of competition transition charges from consumers and the eligible customers. The Minister is further empowered to direct the NERC on the manner of distribution of the competition transition charges as well as the duration for which the charges shall remain in place. The amount of the competition transition charges and the arrangements for its collection and distribution shall be established by NERC in accordance with the Minister's directive. Hopefully, the competition transition charges regime, if and when established, should compensate the Distribution Companies for their perceived losses. However, it appears that for the directive on competition transition charges to be issued, the Distribution Companies must demonstrate that the declaration of eligible customers has, despite their efficient management, resulted in inadequate revenues for their operations or a reduction in their permitted rates of return.

Higher electricity tariffs? It is not unlikely that the EC Directive will lead to further agitations for increased electricity tariff for the Distribution Companies. This is because, under the existing industry multi-year tariff order, the residential consumer classes who pay lower tariffs are cross subsidised by the industrial “…where the declaration of eligible customers is found to have resulted in decreased or inadequate revenue for a Distribution Company, the Minister is empowered by the EPSRA to issue further directives relating to the collection of “competition transition charges” from consumers and the eligible customers”. consumers who pay higher tariffs thereby stabilising the lower residential customer tariff. A large exodus of the high tariff paying consumers will expose the inadequacies in the tariff structure for the low income residential consumers, and thus leave the Distribution Companies with no option

than to push for a higher residential tariff to meet their committed revenue requirements, support their operations and enable them remain profitable.

OTHER GENERAL MATTERS ARISING Only new or stranded capacity may be sold Subject to further clarifications from the NERC, it appears from the declaration that the Generation Companies can only sell their “new” or “stranded” capacity to the eligible customers. In other words, capacity which the Generation Companies have already committed to the national grid (to NBET or a Distribution Company) cannot be sold to eligible customers. The Generation Companies may have to expand their capacity or improve their operations so as to have capacity in excess of their already contracted capacity before they can take advantage of the EC Directive. This will 19

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residential neighbourhoods, industrial clusters and other big businesses. This surge is not unconnected to the fact that the grid is unstable and that the target consumers require steady and reliable Pricing regime for eligible power supply. If the EC customers Directive is properly The pricing regime for the implemented, such off-grid eligible customers is projects may potentially be at benchmarked against the risk. This is because their prices charged by the NBET target consumers (who may for electricity supplied to the qualify as eligible customers) Distribution Companies. may instead opt for supply Based on the EC Directive, the from the Generation eligible customers are to be Companies if they are assured supplied power by the of efficient service levels, Generation Companies at a especially since the regulated price not exceeding the price of power offered to average wholesale price that eligible customers by the the Distribution Companies Generation Companies could are charged by the NBET. In be cheaper than the price effect, the bilateral contracts offered by such off-grid between the Generation generators. We therefore Companies and the eligible expect that improved service customers will be subject to a efficiency, competitive pricing price cap based on the and long term power supply wholesale electricity tariff contracts should be key approved by NERC for NBET considerations for off-grid and the Distribution generators, lest they risk Companies. This price losing their “eligible regulation for bilateral customers” to the Generation contracts could disincentivise Companies. the Generation Companies from actively procuring additional capacity for sale to Eligible customers – “endusers”? eligible customers. By the provisions of the EPSRA, it appears that the Off grid generators, beware! eligible customers must be The competition and apparent end-use customers. In other revenue erosion introduced by words, it is expected that the the EC Directive may not be eligible customers will be limited to the Distribution purchasing the electricity for Companies. The their own use. Barring any implementation of the regulatory clarification, one directive could be far reaching. wonders whether, for instance, Recently, there has been a a neighbourhood management significant increase in the company that purchases number of off-grid projects electricity for resale to targeted at large retail malls, certainly involve further capital expenditure on their part and may delay their realisation of the gains of the EC Directive.

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residents in the neighbourhood will qualify as an “end-user” within the context of the EC Directive.

Absolute ministerial powers? It appears that the EPSRA gives the Minister absolute discretion to determine the classes of eligible customers. This implies that the Minister may by declaration change or re-designate such class or classes at will thereby introducing some elements of uncertainty as to which consumers will be “eligible” and for how long. Interestingly, there is no requirement for the Minister to consult with the public or sector stakeholders prior to issuing such directive or any change thereof.

A running battle between the Government and the Distribution Companies? The Minister as well as the NERC have in the past complained about the poor performance of Distribution Companies compared to the Generation Companies since privatisation, and also alleged that, most of the Distribution Companies have been retaining revenues to the detriment of other players in the sector. Various attempts on the part of the Government to help check this poor performance and ensure compliance by the Distribution Companies have, in most instances, been stalled or completely defeated by law suits and other actions of the Distribution Companies challenging or hindering those

attempts by the Government. In view of this, it has been suggested in certain quarters that the “sudden” issuance of the EC Directive by the Minister at a time when the NESI is supposedly not fully developed for such declaration could be an indication of the running battle between the Minister and the Distribution Companies on various key sector issues.

CONCLUSION The EC Directive appears focused on ensuring delivery of power to the large base of industrial and other maximum demand customers by seeking to eliminate some of the issues associated with sourcing power from the Distribution Companies. We expect that if successfully implemented, the EC Directive would further deepen competition in the NESI. However, as highlighted above, certain issues are bound to arise during the implementation phase. These issues range from (i) potential decline in the revenue of the Distribution Companies to the implementation of the competition transition charges; and (ii) the creditworthiness of the eligible customers to the bankability of the associated power purchase agreements. As with other key players in the sector, we eagerly anticipate further policy and regulatory clarifications and directions by NERC in due course, as the success of the new regime is largely dependent on how these teething challenges are dealt with.

oil as ESQ

AGREEMENTS SCHOOL WHO SHOULD ATTEND? In-house lawyers in banks, and financial institutions, Bankers concerned with the negotiation of loans, Bank executives involved in the documentation of loans, Lawyers in private practice who advise clients on loan agreements, Corporate counsel, Credit control officers, Fund Managers, Investment Analysts, etc.

17th - 19th Oct,, 2017

23rd - 24th October, 2018

.A2 HAKEEM BALOGUN STREET

NECA HOUSE

AGIDINGBI - IKEJA, LAGOS.

For enquiries & registration call:

+234 811 019 4344 +234 803 526 9055

esqtrainings@gmail.com

NECA HOUSE

AGIDINGBI - IKEJA, LAGOS.

AFRICA LEGAL PRACTICE A PROMISE OF A NEW DAWN

We sat down with the partners of the new law firm ALP (Africa Law Practice) to ask them a few questions about their partnership, their vision and their views on the African legal landscape. It was an exciting afternoon. The energy in the room was palpable and we came away with the feeling that this was a senergy that has been waiting to happen. There are exciting days for ALP. Olasupo Shasore,SAN, Uyi Giwa-Osagie; Aisha Rimi and Oyinkan Badejo-Okunsanya spoke to Lere Fashola and Nkem Taiye-Ulebor. The Legal profession is evolving globally and lots of activities have been going on for a while. How active do you think African Lawyers have been on the global stage?

ur experience has been that leading African lawyers have hands-on, in-depth and specialised local knowledge of the legal landscape, the terrain and the solutions that only African practitioners can truly possess. This is the basis upon which African lawyers should first be assessed- our ability, our knowledge base, our responsiveness and our 22

EsQ Legal Practice

propensity for team work. African lawyers have developed a track record of performance and good judgement and the global market is becoming aware that scalable capacity exists within the continent for big ticket transactions and disputes. African lawyers have had a significant impact on the global stage and we want to lead African firms on a welldeserved ascendency.

The Bar is well positioned to do this but it is useful to point out that there is a distinction between the 'Bar Association' and the 'Bar'. While one is an association, the latter is the institution that lawyers are called to, and to which they are bound, once called, in conduct, ethics, regulation and standards. The 'Bar' is led by the Federal Attorney General, the General Council of the Bar and the Body of Benchers. The Association is ably led by the President of the Association. What efforts must the bar make The Association should to bring Nigerian Lawyers up to continue to enlighten and date with the global realities of inform members about the way law is practised?

developments in the industry, paving the way for them to equip themselves for the dynamic developments in the legal industry across the world but particularly in Africa. We believe the theme of the forthcoming Annual General Conference - â&#x20AC;&#x153;African Business: Penetrating through Institution Buildingâ&#x20AC;? - is a step in that direction.

International Law firms have continued to show strong interest in the African Legal market. However it appears many African lawyers are not at ease with this romance.

EsQ Legal Practice

Competition or cooperation? Which would you describe as the best approach for African law firms in dealing with the incursions by International Law firms? European and US International Firms clearly, at least for now, hold global leadership positions and a huge chunk of the world legal market. In order to further stamp that position and enter new markets Africa is a 'no-brainer' for them, as the saying goes. In their various domestic markets, African Law firms will be experiencing different impacts depending on the jurisdiction. However we must presuppose that we cannot but have African International firms â&#x20AC;&#x201C; i.e. leading independent law practices across the continent

Lawyers in both the private and public sectors have a crucial role to play in supporting this. In the private sector, by insisting on international standards in the formation and activities of companies and in the public sector, by encouraging and promoting transparency and openness in public administration. coming together by alliances and strategic integration, to create African grown International firms such as ours. Therefore the choice between co-operation on the one hand and competition on the other disappears. Both options are welcome because firms like ours already have a footprint across Africa and will give either African competition or cooperation to European and US firms where necessary.

in Nigeriaâ&#x20AC;? initiative of the Federal Government of Nigeria, many people believe Nigeria is already taking a bold step towards regaining her leadership position in Africa. What role do you think Nigerian lawyers should play or are playing to assist the government in realising this objective?

Going by your data, 19th out of 53 for a country like Nigeria still leaves a lot to be desired. But it is very pleasing to see that for the first time in Nigeria, this Administration is crafting In a recent survey, Nigeria was rated government policy deliberately as the 19th best place to invest in targeted at addressing the problem Africa. However, with the recently of 'doing business'. Lawyers in both launched â&#x20AC;&#x153;Ease of Doing Business the private and public sectors have 24

EsQ Legal Practice

a crucial role to play in supporting this. In the private sector, by insisting on international standards in the formation and activities of companies and in the public sector, by encouraging and promoting transparency and openness in public administration.

In resolving commercial disputes especially in Africa where the court system has been a little challenging, Arbitration was considered a viable and attractive alternative to litigation. However with the rising costs of arbitration and the increasing complexity and depth of its rules, will this argument still be a viable one to investors?

Despite contrary narrative, Arbitration remains the lead component of the Private dispute resolution system and for this reason it will always remain viable for investors in resolving disputes particularly in Africa where the challenges in the Public dispute resolution system are significant, though neither unique to Africa nor insurmountable. Arbitration will endure and remain viable because of its unique featuresâ&#x20AC;&#x201C; autonomy, effectiveness and finality.

There is now a push (in which some of our partners are leading figures) to make more African jurisdictions 'safe seats' for arbitration. Locally, along with the Nigerian arbitration community, we are helping to push a formidable bill presently before the National Assembly to reform the national legislation on Arbitration and ADR.

One of the key barriers to arbitration in Africa is the lack of support from the courts. How can the Courts and Judges Support access to Arbitration in Nigeria? And more importantly, how positively do you think this will affect African bound investments? As you know the Chief Justice of Nigeria recently made a policy statement during the Third Annual Judges' Conference at the National Judicial Institute in Abuja, to the effect that no investor would want their resources tied down in seemingly endless litigation, especially where there is an arbitration clause in the contract. His Lordship drew the attention of heads of courts to the time saving nature of arbitral proceedings, which encourages and heightens commercial and

EsQ Legal Practice

The resultant effect is what many of us have canvassed for a number of years both within the Nigerian arbitration community and the larger African community, that anyone who institutes an action in court to enforce the breach of a contract that contains an arbitration clause without first invoking the clause, is himself in breach of the said contract and ought not to be encouraged by the courts. economic activities as well as foreign investment.â&#x20AC;? His Lordship requested that no court should entertain an action instituted to enforce a contract or claim for damages arising from a breach thereof, in which the parties have by consent included an arbitration clause and without first ensuring that the clause is invoked and enforced. His Lordship also went on to say that courts should insist on the enforcement of the arbitration clause by declining jurisdiction and awarding substantial costs against parties who engage in the practice. The resultant effect is what many of us have canvassed for a number of years both within the Nigerian arbitration community and the larger African community, that anyone who institutes an action in court to enforce the breach of a contract that contains an arbitration clause without first invoking the clause, is himself in breach of the said contract and ought not to be encouraged by the courts. This policy must be pursued by both the Executive and the Judicature to satisfy the sanctity of enforcement of contract obligations and produce predictable outcomes across Africa. Otherwise Africa will miss out out on the investments it is due as an investment destination.

Now to your brand new law firm. You recently launched a new firm, bringing together four people with vast and varied experience. What can you describe as the driving force behind its creation?

personal and business development must be in lockstep. That way you will always have a crop of well mentored, ready-forleadership associates to assume partnership and ALP is a product of a carefully leadership roles. This nurtured vision. Our central fundamental belief is mission is to 'build value' at all entrenched in the firm at all levels. Value for our people; - levels and not around one lawyers and stakeholders; leading person or partner. value for their investment of That is our strategy. time and effort; value for our associate firms and the legal In starting up, law firms must industry across Africa; and greater value for African law start right and technology will play a big role in ensuring the firms in the legal services provision of prompt and market. We believe that only efficient legal services to solution-driven services clients comparable to combined with local expertise international best practices and and regional connections can standards. Would you say the provide value for transactions Nigerian legal profession is and disputes in Africa. And so ready? for the users of legal services, Undoubtedly, the landscape greater value for their legal has changed quite rapidly in solutions is the objective. We the last decade, - law reports, are 'Building value for the electronic resources, digital future of legal practice in aids for research and Africa'. information etc. now abound. Within the law firm, as much Succession planning has been technology as is on offer is one of the greatest challenges being embraced. But unless of African law firms and many and until the infrastructure in argue that African Law the public sector â&#x20AC;&#x201C; at our Partnerships are not built to registries and in the courts, in last beyond the founders. How the constitution and in is your firm addressing this legislation - changes to meet challenge? technologies developing Succession and continuity are globally, there will always be a crucial, but interestingly, gap between the standards organisational succession is a and best practices in Nigeria business strategy that many and elsewhere. There are businesses fail to faithfully many encouraging signs, in execute or even recognise. It is company formation, verbatim not peculiar to law firms. recording in some courts, in 'People' are at the heart of our some digitalisation of practice at ALP so we believe registries etc. but the resources

need to be multiplied.

From the way you all speak, you seem to be focused on the future. What advice would you give to new entrants into the profession looking to join a big practice, become a partner and succeed in law practice? Focus early on developing strong technical skills by carefully selecting the first place you work at to receive the best early training. Your early habits will stay with you forever. Research the law firms that you are applying to or being considered for and make educated decisions about where you want to practice. Each one of us had a solid grounding in the best law firms at the time when we started out in practice. To underscore that point, all the firms we worked in are still standing and are amongst the leading commercial law firms in Nigeria. Get involved in all aspects of legal professional life; remain visible, whether it is in practice-focused societies or specialised associations in different practice areas. The impressions you make will last so make a good impression every time you can. Take the views of your peers as importantly as you take the views of your seniors in the profession because the endorsement of your peers is the ultimate respect. Be guided by the mantra- Hard work, Team work and professional networking. Lots of luck!

EsQ Legal Practice

LEGAL PRACTICE

SERMINARS

Esq Derivatives DOCUMENTATION SCHOOL For enquiries & registration call:

+234 811 019 4344 +234 803 526 9055 esqtrainings@gmail.com

29th - 30th August, 2017 17th - 19th July, 2018

NECA HOUSE

A2 HAKEEM BALOGUN STREET AGIDINGBI - IKEJA, . LAGOS.

The purpose of education is to turn mirrors into windows Sydney J. Harris

TRAINING CALENDAR FOR

2018

Date

Seminar/School

Venue

Cost

February 12-13

LOAN AND ADVANCED LOAN DOCUMENTATION

Lagos

150,000

March 14-15

PUBLIC PRIVATE PARTNERSHIPS AND INFRASTRUCTURE FINANCE

Lagos

150,000

April 10-11

OIL AND GAS CONFERENCE

Lagos

150,000

April 12-13

POWER CONTRACT, NEGOTIATION & DOCUMENTATION AND POWER FINANCE SCHOOL

Lagos

150,000

May 10-11

PROJECT FINANCE AGREEMENT SCHOOL

Lagos

150,000

June 5-6

CORPORATE IN HOUSE SCHOOL

Lagos

150,000

June 7-8

COMPANY SECRETARY SCHOOL

Lagos

150,000

July 17-19

DERIVATIVE DOCUMENTATION

Lagos

150,000

August 14-15

INTERNATIONAL TRADE FINANCE

Lagos

150,000

September 19-20

SECURITIES LENDING

Lagos

150,000

October 23-24

OIL AND GAS AGREEMENT SCHOOL

Lagos

150,000

November 28-29

NEGOTIATING, DRAFTING AND DOCUMENTING COMMERCIAL AGREEMENT

Lagos

150,000

BEHIND MINING PROFITS:

THE DISRUPTION OF LOCAL COMMUNITIES By Leslie Mamouaka, Intern at Centurion Law Group

The mining industry has the potential to create jobs and boost the economies of local communities. But do African laws adequately protect African communities from the harm mining can inflict?

ining is a preeminent market in Africa, at the heart of the evolution of most African economies. It is not only responsible for the attraction of foreign investments, but also enables the creation of multi-national corporations in African host countries. Indeed, most of the time, mining arises in areas isolated and deprived of adequate infrastructure resources. such as access to electricity.

Mining activities in these regions result in the development of infrastructures along with the creation of employment opportunities. Nonetheless, notwithstanding its profitable side, the main criticism is that most governments don't bear in mind the social responsibility due to their people, but rather, insatiable for financial gains, indulge mining companies in their wrongdoings. Indeed, many infringements are silenced, and in some cases, in countries with weak judicial systems, foreign corporations even avoid legal

repercussions.

community is of paramount concern, and it affects women disproportionately. It is Harmful outcomes include therefore intrinsically linked to environmental and health gender-based oppression. concerns with regards to the Indeed, the economic, as well risk of soil and water as the social norms and social contamination, and the organization of sex-gender displacement of populations. relationships, sets women to The latter is significant, as it is be most vulnerable in African one of the most prominent communities. social ills resulting from mining. The number of local communities compelled to By evaluating the structural leave their housings by armed shaping of those relationships, forces to give way to gold we can conclude that without mining sites in Ghana and economic stability, local Tanzania are particularly women are powerless as striking. The relocation of men's economic and social

laborious. These hardships demand possible solutions to resolve these issues.

Governmental will and regulations Facing these injustices, the communities are determined to protest governmental by taking the matter into their own hands, joining forces through the alternative Mining Indaba. Yet, the question lingers as to the making of a functional legislative understanding between both sectors that considers the protection of local people and their environment. The latter has been the objective of the Africa Mining Vision, implemented by the African Union in February 2009, with the intent of holding companies accountable for their actions by incorporating mining operations into local contexts.

Foundation, a nongovernmental organization that denounces the shortcomings of global enterprises and help those wrongfully affected, said: â&#x20AC;&#x153;The Africa Mining Vision is failing because it does not challenge foreign mine ownership and because it is not attempting to control the speed at which mining in Africa takes placeâ&#x20AC;?. Many believe that the issue is, in fact, deep-rooted in poor African states leadership, characterized by their political unwillingness to forfeit their source of income, while others are doubtful as to the extent of transparency that can ever be attained.

Despite the different legislative frameworks implemented within the mining industry, including the Africa Mining Vision and several Mining and environmental laws enacted by African states that advocate Indeed, it not only promotes for the protection and the social and sustainable sanitation of the environment, development of affected it is imperative that African communities, from schools to governments, as main agents homes and offices, but also of change, take drastic actions ensures their health and safety. to align with the mining However, despite this attempt policies in place. at social conscientious deeds, the vision is still flawed by a lack of monitoring from most Ensuring that regulations are respected will serve not only governments. modern African societies, but also the market economy as it David Van Wyk, attendee at will optimally ease foreign Alt-Mining Indaba and main investment decisions. researcher at Bench Mark

advantages enable them to have a significant leverage on them. This is even truer within the communities affected by the mining sector, as the requisition of land for mining activities leave women who survive solely on farming as the primary source of income at a serious disadvantage. Moreover, through their everyday tasks, women are responsible for the management, conservation and use of natural resources, and water pollution may increase their household burden by making the gathering of water more

NIGERIA RISING AGAIN?

AS NIGERIA LOOKS TO PROVIDE AN ENABLING ENVIRONMENT FOR BUSINESS TO THRIVE IN, BABATUNDE LOOKS AT SOME OF THE NECESSARY REFORMS TO EASE DOING BUSINESS IN AFRICA.

Babatunde Irukera, Executive Secretary of Consumer Protection Council speaks on improving ease of doing business in Nigeria What is your view regarding actions taken by the federal government to combat corruption in recent times and how has this affected businesses and economic outlook in Nigeria?

his Federal Government has shown far more commitment and courage in fighting corruption than we have seen in recent times. That by itself is a significant step in combating the scourge. Both the President and the Vice 32

EsQ Legal Practice

President have the moral authority to carry the fight through. This authority and passion is a unique and unusual combination which is however vital to the fight. Indeed, there have been some level of criticism of the campaign against corruption, most of them not being constructive; the reality is that we have come a long way from even 24 months ago. At a minimum, this administration has demonstrated that there are no sacred cows or

safe havens. It is now clear that, even after leaving office, you can still be held accountable for corruption whether as a business man, a civil/public servant, military veteran or retiree or elected official. The fight has broadened to spaces that were otherwise untouchable such as military and the judiciary. There is still quite some road to travel, but there is no denying the current impact. At a minimum, people have become more circumspect as the level of

previous impunity actually questioned rationality. More than ever before, innovation in technology and investigative tools are being deployed to address complex white collar crimes and illicit money movement. How has this affected economic outlook? There is a school of thought that focuses on the constriction of the economy on account of the fight against corruption. My sense of that is that, to the extent that this could be true, then it is a

much needed reset of the economy to acceptable realities. Essentially the previous availability and spending were on account of illegality and did more to damage than build or sustain the economy. It was only a question of time before, beyond crumbling everything would have collapsed on us all. From another dimension, the international community has expressed more confidence in our economy and doing business in our environment from a corruption impediment standpoint. As such, while other monetary and economic policies contribute significantly to business and economic outlook, corruption as a factor that discouraged investment is much less an issue than it was before.

even when heavily regulated are sensitive and dynamic enough to operate. While businesses resist and criticize over regulation, their most critical concern by far is regulatory clarity. Transparency and predictability are the most important components that businesses look for in an environment, and as it were, in most of our regulated industries, we are still trying to institutionalize these virtues.

How does the corporate law regulatory framework in Nigeria differ from the rest of the emerging market Africa?

For the most part, one key difference in our framework from other emerging markets is that, to me, it appears there is still some level of timidity or conservatism in our approach. Taking the What are the key legal, Companies and Allied matters regulatory and business Act as an example, I believe challenges companies and the best approach will require individuals face operating in a more dynamic and responNigeria and across her sive legislation. Also, the borders? global economy is almost One key challenge continues entirely knowledge based to be the significant and today, and business in dramatic fall in the Naira Nigeria, whether multination exchange rate because of or domestic understand and fallen oil prices, and internal have been sensitive to that, challenges to production however getting the regulabecause of vandalism. As tors on that same page such, having a foreign continues to be a challenge. exchange policy that suffiIn addition, the judicial ciently balanced access and commercial dispute resolution availability and defending the mechanism and procedure Naira presented and still requires reform and capacity presents a challenge. Other development. Also, the ease challenges are regulatory of doing business in Nigeria clarity, certainty and consiscontinues to be a challenge. tency. Generally, businesses, Countries like Georgia and

Rwanda have demonstrated the possibilities and the outcomes when these possibilities are translated to reality. Gratefully, ease of doing business is a front burner issue for this government and is receiving attention. There are also certain pieces of legislation that other emerging markets have promulgated and enforced to promote free market enterprise and expansion of their economies that are vital such an competition or antitrust legislation. Nigeria is overdue for one. These are key differences that other emerging markets have, or are adopting that are somewhat different.

Where do you see investments flowing to in Nigeria in the next few years and what new opportunities do you foresee will be opening up? I think there will be a combination here. Portfolio investment continues to be attractive. There are valuable and "right priced" assets in Nigeria and with the body language towards further deregulation including in the petroleum industry, we can look to that for investment. In addition, the entire agricultural value chain presents attractive investment opportunities. As we focus more on infrastructure, especially power, I expect we will see more investment in that sector, and that will in return drive further investment in the real sector. With respect to new opportunities,

The most important consideration is really to know the regulations intimately and try to understand the short and long term regulatory approach, direction and aspirations of the relevant regulators. It is perilous to operate oblivious of these, or on what appears to a lax or incapacitated regulator or regulatory environment as was recently the case in a large fine against a telecommunications company. 33

EsQ Legal Practice

on ground, who are familiar with how the law, contracts and other relevant factors behave in the environment.

What considerations would you say companies need to be aware of in regards to regulation when looking to Nigeria as a place to invest? The most important consideration is really to know the regulations intimately and try to understand the short and long term regulatory approach, direction and aspirations of the relevant regulators. It is perilous to operate oblivious of these, or on what appears to a lax or incapacitated regulator or regulatory environment as was recently the case in a large fine against a telecommunications company. Statues overlap significantly, and some are even unknown. A business will be best served to intimately know and understand every possible regulatory jurisdiction over its operations. How can you assist in this? A key area of our practice in SimmonsCooper Partners is Regulatory and Government Affairs. As such, we are always looking out for every potential or possible regulatory scenario to sufficiently protect clients. Our experience in this area has proved to be of great assistance to our clients.

Do you have a mantra or motto you live by when it comes to helping your clients in this regard? Absolutely! Our approach to client service is "Total Client Solutions", and our work culture is excellence both in our work, and in our aspiration.

the international community has expressed more confidence in our economy and doing business in our environment from a corruption impediment standpoint. As such, while other monetary and economic policies contribute significantly to business and economic outlook, corruption as a factor that discouraged investment is much less an issue than it was before. so long as developed economies continue to pursue current labour and skilled immigration policies that are emerging such as Brexit and U.S. Trump Administration policies, the opportunity for highly skilled jobs in outsourcing presents an incredible opportunity for 34

EsQ Legal Practice

expansion and investment because Nigeria is uniquely qualified from a location and available skills perspective, especially once infrastructure such as power and broadband are addressed.

What advice do you have for your clients in mitigating the

country's political, financial, regulatory, legal and security risks? Understand the environment. Engage knowledgeable professionals who will assist with hedging and mitigating your risks. There really can be no substitute for skilled and experienced professionals

What top 3 qualities make a thought leader? Vision; Ability to inspire others towards that vision; Bringing out the very best of every member of the team in achieving the vision. Ultimately, the greatest quality of a leader is the level of attentiveness paid to tea members to find their best selves and perform at that very best. I believe talent is both a matter of nature and nurture. A good leader will discover that talent, and nurture it.

EsQ Legal Practice

Gratefully, ease of doing business is a front burner issue for this government and is receiving attention. There are also certain pieces of legislation that other emerging markets have promulgated and enforced to promote free market enterprise and expansion of their economies that are vital such an competition or antitrust legislation. Nigeria is overdue for one. What are the laws and regulations surrounding businesses entering the market in Nigeria? What is the process of applying for licensing and participating in public tenders to obtain licenses in the aviation sector? There are many laws and 36

EsQ Legal Practice

regulations in this regard. Some are general across the board, while others are specific to certain industries. The aviation sector is a very specialized sector, and all operators must be licensed by the Nigerian Civil Aviation

Authority, whether as an airline, a tour operator, or even travel agent. There requirements for each license are very different and usually require professional specialized assistance

How do you assess which form of dispute resolution is the most appropriate in relation to disputes in the aviation sector? The preferred dispute resolution mechanism for aviation disputes really

depend on the nature of the dispute. However, there almost seems to be a consensus in Nigeria today, that arbitration presents the timeliest and predictable mechanism for resolving disputes. However, there are some disputes that inevitably will still be resolved by the judicial process. That said the Civil Aviation Act and some Regulations also provide a regulatory process for resolving disputes which are quasi-judicial, even though administrative. In such instances, the question of election of mechanism may not arise.

You have dealt extensively with international litigation; what are often the challenges involved in such cases that involve fraud or asset tracing? Cross border fraud and asset tracing are perhaps some of the most complex engagements a lawyer and other forensic professionals participate in. The difference in laws, and the complicated and sophisticated methods or devices those who engage in this conduct employ many times require tedious examination, analysis and strategies. The most typical challenges are conflict of laws, banking and confidentiality laws, local protection laws in some havens that are usual for keeping such assets, multiple

thresholds for evidentiary standards in criminal investigations, prosecutions and forfeiture laws and simultaneously litigating in different jurisdictions.

encounter is ensuring the highest ethical standards in discharging professional responsibility and conducting self in that discharge. How do I navigate this? Indeed, it's a continuing struggle. I usually fall back on the fact that we What major challenges have you faced professionally and prioritize ethical behaviour. In addition, I remain conversant how did you navigate them? with changing and expected That's an interesting question, ethical standards required of because the very nature of a me from a general standpoint, lawyers work professionally is and then by admission to confronting challenges. practice licensing authorities. However, whether in the U.S. More recently, my faith in or Nigeria, the most recurrent Christ is becoming an professional dilemma I increasing barometer of

evaluating fair and acceptable behaviour for me.

How do your years of experience as a lawyer help to navigate these issues? Experience, I have heard is the best teacher. Without question encountering a situation I have dealt with in the past is a helpful method of navigating. It teaches one of two things based on what that experience was--either what to repeat, or what not to do.

EsQ Legal Practice

EsQ Seminars

DOCUMENTATION / NEGOTIATION OF

POWER CONTRACTS th

Nov 27 - 28 , 2017

The Nigerian Electricity Supply Industry Basics Key Issues In Power Sector Documentation, Drafting & Review, Power Project Financing: - Considerations, - Documentation, - Drafting & Negotiations - Managing Contractual Disputes - In Power TransactIons

April 12 - 13 , 2018

9:30 AM NECA HOUSE

A2 HAKEEM BALOGUN STREET AGIDINGBI - IKEJA, LAGOS.

For enquiries & registration call:

+234 811 019 4344 +234 803 526 9055

THE MIND OF THE LAWYER LEADER Few law firm leaders today would argue with the proposition that we are in the midst of continuous, external, disruptive, accelerating and exponential change. Bob Johansen, a distinguished fellow at the Institute for the Future, introduced the military term “VUCA” into the business lexicon, which means Volatility + Uncertainty + Complexity + Ambiguity. VUCA neatly captures the swirling sense that one gets that everything we knew and counted on for the past 50 years is about to spin out of control.

his kind of unpredictability has consequences. These consequences have been well documented in the corporate world, and I propose that lawyers suffer from these consequences more acutely than most people in conventional businesses.

We, as humans, are programmed for selfpreservation. One way that we protect ourselves from harm is to unconsciously be on the alert for change. To our brains, predictability is comforting; change is threatening. Episodic change—think of your fire alarm going off—is typically the kind of change that we have evolved to cope with quite well. We mobilize our defenses: our attention narrows, looking for the cause of the disruption; our brain secretes stress hormones such as adrenaline and cortisol; our muscles tense; and our sense of vigilance rises.

Constant multitasking and

distractibility. Passivity or “learned

helplessness.” An increase in irritability and other negative emotions. Reduced cognitive capacity. Mood swings. More inclination to turn inward, to protect yourself and focus on your own needs, and less inclination to collaborate, cooperate or team up with others. Diminished immune response, leading to slower recovery from health problems and even more risk of illness.

What's wrong? What could go wrong? Who's at fault? Are there any exceptions to

the proposition you've just asserted? Is there any reason that your suggestion won't work? While this problem-focused mindset is needed in our role as lawyers, it's devastating to us as human beings in a time of great change.

Why? First, whenever humans repeat a thought or an action over and over, the brain puts it on autopilot. Instead of consciously thinking each time So far, what I have described is what questions to ask (which uses precious “working how the average person responds to change. Lawyers, memory”), the brain reassigns however, are at greater risk for it to a region deeper in the brain called the basal ganglia. two reasons: their negative All it takes is a relatively mindset and their basic simple trigger (“Would you personality traits, especially review this document?”) and their skepticism. automatically you will begin asking lawyerly questions. A NEGATIVE MINDSET This automation process in We suffer from an effect “institutionalizes” the According to evolutionary occupational hazard— negativity, making it a more psychologists, continuous, exponential change is a state of specifically, the nature of what pervasive mindset that permeates all your existence to which we have not most lawyers do is that we yet adapted. It overloads our hunt for the negative in order interactions. In the practice of law, this is a good thing. But in coping systems and can cause to protect our clients. We regularly ask questions like: other roles that we play, it can the following reactions:

be a disadvantage. Second, your brain is also programmed to make generalizations. The first time you touch a hot stove, your brain doesn't say, “Ouch. This stove is hot. I wonder what the next stove will be like.” Instead, it generalizes to the category: “Ouch. Stoves are hot.” Such a generalization provides a more useful takeaway that is calculated to protect you down the road. However, the same kind of generalization process applies to your problem-solving mindset. This means that we generally do not limit our hunt for problems only to when we're wearing our lawyer hat. We hunt for them in everyday interactions in all kinds of other situations, settings and roles. The problem with all of this is that recent research has shown fairly convincingly that a negative mindset generates negative emotions and can 39

EsQ Legal Practice

effective leaders also bring out follow his or her lead for the simple reason that you do not want to let your leader down. This style has proven far more effective than the oldfashioned coercive approach, especially when leading highly autonomous vision is to evoke a positive individuals. emotional response from your constituents. Lawyers are trained to emphasize the Litigators in particular may intellectual issues and to find collaborative leadership downplay the use of especially daunting. Not only emotionally evocative does our training encourage a communication. Lawyers in confrontational style, but we leadership roles need to use are quite often rewarded for less intellectualization and that style. However, when more evocative visionary leading other lawyers, that language. same style can easily backfire. What works with an adversary usually does not work very In working with many law well with your own partner. firms, I have been struck by how difficult it is for their leaders to create a unique Encourage the heart. Leaders vision for the firm, especially recognize individual one that differentiates them excellence. They reinforce from other firms. Quite to the “firm first” behavior. They contrary, most firms seem to also celebrate small victories devolve into wondering what on the way toward the larger their peer firms are doing and victory. All human beings trying to come up with respond positively to something similar. This is not authentic recognition. Some leadership. A leader needs to may do so more readily than tap into what the firm is others, but all of us are wired capable of doing that is this way. An effective leader unique, inspiring and a source acknowledges effort and of pride for the firm's lawyers, mindset. A simple “thank you” staff, clients and community. or “job well done” goes a very This is the stuff that visions long way. There is a certain are made of, and it's what species of lawyer who believes draws constituents to follow that praise will make people leaders. complacent and slack off. This has been extensively studied, and these naysayers are Challenge the process. Leaders simply wrong. I've spoken to take risks. They experiment. many lawyers who told me They try things that have that when they were never been tried before. They associates, “I only knew that I seize the initiative. They was doing okay because I innovate. They do not just sit hadn't been criticized.” I call on their laurels. They try to this “praising by faint damn.” anticipate change and get out It doesn't work, and we need in front of it. This practice is to toss it out of our leadership challenging for lawyers tool kit at once. Instead, as Ken because we're trained to think Blanchard famously said in of risk as bad. The One-Minute Manager, “Catch somebody doing something right.” Enable others to act. Truly effective leaders do not use “command and control” as If you follow these practices, their primary operating style. and remember to do In a world of smart, everything you can to reduce autonomous knowledge the uncertainty experienced by experts, a dominant leadership your constituents, you can style only causes a defensive build an outstanding law firm. backlash. Lawyers have a high need for autonomy and do not Dr. Larry Richard is a like to be told what to do. Effective leaders lead through psychologist and former litigator and the founder of LawyerBrain collaboration; they guide LLC. For seven years, he chaired others, encourage a give-andthe leadership practice at take, enable others to bring out Hildebrandt International. He their best. When a leader truly consults to large law firms on has your back, and makes an leadership development. effort to help you be your very drlarryrichard@lawyerbrain.com best, you are more likely to

Highly effective lawyer leaders imagine what they the best in people and inspire could do if a goal is achieved. Highly effective them to reach beyond the leaders also bring out the best in people and inspire status quo. them to reach beyond the status quo. They look to According to Kotter, an the future. important aspect of creating a John Kotter, emeritus professor at Harvard Business School, has written about the fact that people in organizations feel a need for leadership under conditions of change or uncertainty. The more change and uncertainty we experience, the more likely it will be that we will look to to take a leadership THE LAWYER PERSONALITY someone role in guiding us forward The nature of the lawyer's strategically. In today's VUCA work, and how, over time, that world, the need for leadership produces a problem-focused in law firms is at an all-time mindset, can serve to amplify high. the negative consequences of change and uncertainty. What kind of person would not only WHAT TO DO ABOUT IT? What makes leaders effective? be attracted to the world of There is ample research on practicing law but actually leadership effectiveness. One find it satisfying and sustaining over the long term? of the most trusted sources is the nearly 30-year ongoing Perhaps someone with a specific set of personality traits study of leadership conducted that is well suited to that kind by Jim Kouzes and Barry Posner at Santa Clara of negative job. University. Kouzes and Posner developed a leadership My research of more than 20 assessment tool called the years concerning the Leadership Practices Inventory personality traits of lawyers that allows constituents of consistently shows that the leaders to evaluate them. To No. 1 trait that differentiates date they've gathered over a lawyers from others is a very million sets of data from high level of something called organizations of every skepticism. Lawyers can score description in countries all 30 to 40 percent higher on this over the world. Their findings trait than the general public. are quite consistent: effective Thus it's not only the work leadership boils down to five that produces the mindset; key “practices.” The labels that that mindset gets reinforced follow are taken directly from every day by the natural Kouzes and Posner's book, The personality of the person Leadership Challenge. doing the work. actually increase your susceptibility to clinical depression. It also amplifies some of the negative effects of change and uncertainty. Over time you may be less empathic to others, more passive, less collaborative, more irritable, etc.

I have painted a fairly bleak picture of the current state of law practice. Note that individual practitioners often do not identify with what I have just described—“the last thing a fish would ever notice would be water”—but those who work with them, and especially those who lead other lawyers, tell me they observe these characteristics all the time. Leaders in a law firm have a particularly challenging job. Leadership is challenging in any organization, but when you are a lawyer leading other lawyers, there are several additional challenges.

EsQ Legal Practice

Model the way. Effective leaders are role models. Specifically, when leaders align their own behavior with widely shared values, others place greater significance in what they say and do. Lawyer leaders do a good job of this in their role as lawyers. But how effectively do we model leadership attitudes and behaviors? Inspire a shared vision. Leaders are visionary. They look to the future. Lawyers focus on the problems they may run into if they try to achieve a goal. Highly effective lawyer leaders imagine what they could do if a goal is achieved. Highly

THE BIGGEST LEGAL EVENT

EsQ Legal Practice

T OF THE YEAR

EsQ Legal Practice

THE

BIGGEST LEGAL EVENT OF THE YEAR

EsQ Legal Practice

he ESQ Nigerian Legal Awards sets out to recognize the important contribution the legal business community makes to the Nigerian economy. The award reflects preeminence in key transactions, practice areas and achievements over the last eighteen (18) months, including notable work strategic growth excellence in client service, and contribution to the legal profession. The awards will be presented at a formal

glittering and memorable ceremony holding in Lagos on The 12th of November 2017 at the Landmark Event Centre, Oniru, Victoria Island, Lagos. The Awards has been endorsed by:

EsQ Legal Practice

THE

BIGGEST LEGAL EVENT OF THEYEAR WHO CAN BE NOMINATED & WHO CAN NOMINATE? Any Nigerian lawyer may be nominated for the Award. An interstate lawyer can be nominated if he or she has sufficient nexus with the Nigerian Legal System. All Nigerian Lawyers or Lawyers of Nigerian Descent practicing outside Nigeria may also be nominated as well as International Law Firms with significant nexus with Nigeria. See categories of the Awards for details. The time period covered by entries should be the past 12-18 months. Law firms and inhouse legal departments can only submit one entry for each category. All enquiries about the award can be sent to esqlegalawards@gmail.com

HOW WILL NOMINATIONS BE MADE? All submissions must be sent electronically to esqnigerianlegalawards@gmail.com

HOW WILL NOMINATIONS & BE GATHERED? Law firms will be requested to submit their deal sheets for a period not exceeding 12 - 18 months. This document will be submitted electronically There is a mandatory requirement of a 500word covering statement, which indicates reasons they should win any specific category.

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WHO ARE THE JUDGES? The panel of Judges will be chaired by Dr Adesegun Akin-Olugbade, OON, Executive Director/General Counsel, Africa Finance Corporation.

Other members of this panel include; Dr. Adesegun Akin-olugbade Edmund Boyo

COO/Executive Director/ General Counsel African Finance Corporation

Co Head African Business Group Clifford Chance LLP

Andrew Balfour

John Miles

Chairman African Practice Group Slaughter and May, UK

Andrew Jones

Head/Partner African Group Linklatters London

Director J. Miles and Co, Kenya

Remi Aiyela

Partner, Gunnercooke LLP

Kem Ihenacho

Babatunde Akinyanju

Partner/ Head of African Practice Group, Lathman and Watkins LLP

Chris Utting

Hon. Attorney General of Edo State

Nina Bowyer

Founding Partner, African Legal Jobs

Former Chairman British Nigeria Law Forum UK

Partner/ Co-Head of Africa Practice Group White and Case LLP

Global Co-Head African Practice Group Herbert Smith Freehills LLP

Mark Molyneux

Partner/Co-head African Practice Group Addleshaw Goddard LLP

Prof.(Mrs) Yinka Omorogbe

Scott Cowan

AARTI SHAH

Head of Government Relations and Businesses in the Emerging Market, The Cobalt Partners

EsQ Legal Practice

WHAT

WILL THE JUDGES BE LOOKING FOR?

The panel of judges will be looking for entries which showcase the firm’s distinction in each category and consistency in providing excellent service in that category, while focusing on a single deal that sets new standards in the delivery of legal services under the various categories and demonstrates the market-leading position and considerable value to the needs of commerce, good governance and economic well-being of the nation.

Key factors in selecting the winners for the Practiced Based Awards will be evidence of: 1. Full details of: - Market Context - History of the Client Relationship - Technical Innovation - Innovation in Client Service - Innovation in pricing - Measurable Outcomes - Any Additional Relevant Information

to the community and pro- d. How the legal function bono work. underpins the organisation’s strategy Key factors in selecting the e. How the team has made the legal function integral winners for the Corporate both to the decision Counsel Awards will be making process of the evidence of: company and also to the Nominees should stand out overall company strategy from their colleagues and 1. A case, deal or internal project which should have made 2. Full details of: demonstrates: significant impact in a. Who the team reports relating to the category. a. Excellence in leadership to? Particular note will be b. Innovation, either in b. Organisational structure 2. A list of all major parties made of the nominees’ transactional work or (individuals and firms) impact in Nigeria and for regulatory or compliance c. Yearly spend and how it is involved in the deal. Nigeria ‘Putting Nigeria on managed including use of issues the map’. 3. Supporting evidence of procurement c. Efficient management of the team’s performance external advisers (please over the years, including For all awards, detail outside counsel 3. Details of the unique details of: achievements outside of and recent history of challenges faced by the - Innovation in pricing and the category will be taken panel reviews) particular sector in which service delivery into account, including nonthe team operates, and legal work? Contributions how these are overcome 48

EsQ Legal Practice

- Client wins - Financial performances - Outcomes- what does your work mean to the clients you serve? - Precedents set

WHAT WILL THE JUDGES DO?

Judges will be given a score sheet that lists category will be announced on the award the criteria and invites them to mark each website. entry against them. The final decision is made by the judges There will also be a day conference where when they meet, and their decision will be judges are expected to meet and debate final. who should win and why. This panel will shortlist three deals under each category. We believe this exercise will help to ensure all the judges approach the process in a consistent manner. The shortlisted contenders in each

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WHAT ARE THE BENEFITS OF BEING NOMINATED?

Recognition in front of peers and industry leaders An endorsement of personal/firm achievements A competitive and marketable edge that can generate new business A way to boost team morale An opportunity to take pride in personal / firm achievements.

WHAT HAPPENS AFTER NOMINATIONS HAVE BEEN MADE? We will take steps to verify the authenticity of the various nominations. Please note that during this exercise, clients or their in-house counsel may be contacted. We therefore advise all entrants to kindly ensure the details they are sending are true and verifiable in order to avoid any embarrassment this exercise may cause.

WHEN WILL THE SHORTLIST BE ANNOUNCED? Short-listed nominees will be informed in writing after the votes by the judges have been collated.

WHEN IS THE AWARD TAKING PLACE? The Awards ceremony will take place on Sunday, 12th November, 2017at the Landmark Event Centre, Oniru, VI, Laggos.

WHEN WOULD THE RECIPIENTS BE INFORMED ABOUT THEIR NOMINATION?

1. All nominations will be submitted online. 2. Nominators will be asked to provide supporting documentation: Which must be in the form of a 500 Timetable for the Award will be announced later. word profile encapsulating why the nominee should 1. June 1 , 2017: Opening of nominations for the Legal win the award? Awards. 3. Nominees are aso expected to list at least 3 other 2. July 14, 2017: Deadline for submission of entries for firms that they think are also worthy of the same the Legal Awards award. 3. August 10 2017: Judges Evaluation Begins 4. November 10: Judges Conference Please e-mail your submission to awards@esqlaw.net 5. November 12: Awards nite (Awards Presentation, Please send only one submission per category per edinner & entertainment) mail (multiple e-mails are fine) Please mark the subject line of your e-mail as follows: PLEASE NOTE: That there is no payment attached to nominations for any of the categories. ESQAwards/category/firm name. The decision of the judges are final and no discussion will be entered into. e.g. ESQLAwards /real estate/Lere Fashola & Co LLP Only nominations received before the deadline will be reviewed.

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AWARD CATEGORIES PRACTICE BASED

PRACTICE BASED AWARDS

CORPORATE IN-HOUSE LEGAL AWARDS

SECTION: DEALS

SECTION: GENERAL

- Aviation

- CSR Law Firm of the year

- Banking & Finance

- Deal Maker of the Year

- Capital Market & Investment

Team of the Year

- Banking & Finance Team of the Year

- Capital Market Team of the Year

- Corporate & Commercial Team of the Year

- Dispute Resolution Team of the Year

- Energy, Power & Mining Team of the Year

- General Counsel of the Year - Law Firm of the year - Winner, ESQ Nigerian Law Students’ Essay Competition

Team of the Year

- Labour & Employment Team of the Year

- Media & Entertainment Team of the Year

- Mergers & Acquisition Team of the Year

- Oil & Gas Team of the Year

- Private Equity

In-House Legal Team of the Year

- Information Technology In-House Legal Team of the Year

- Infrastructure In-House Legal Team of the Year

- Insurance In-House Legal Team of the Year In-House Legal Team of the Year

- Media & Entertainment

- Insolvency Team of the Year

In-House Legal Team of the Year

- Energy & Power

- Manufacturing

- Immigration

- Intellectual Property

In-House Legal Team of the Year

SECTION: EDITOR’S MERIT AWARDS - Business Icon of the Year - Legal Icon of the Year

In-House Legal Team of the Year

- Oil & Gas In-House Legal Team of the Year

- Shipping & Transport In-House Legal Team of the Year

- Telecommunications In-House Legal Team of the Year

- Lifetime Achievement Award - Role Model Award

Team of the Year

- Project Finance Team of the Year

- Real Estate & Construction Team of the Year

- Shipping & Transport Team of the Year

- Telecommunication & Technology Team of the Year

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GENERAL POINTS FOR JUDGES TO NOTE

WHEN WILL NOMINATIONS BE SENT TO JUDGES FOR EVALUATION?

HOW WILL COMMUNICATION BE MADE WITH JUDGES?

A special group will be created for judges on the award website to facilitate information sharing and communication between the organisers and the judges Nominations will be sent to judges from 3rd August, 2015 and also among the judges.

WHEN WILL THE DEADLINE FOR JUDGESÊ¼ EVALUATION BE? 28th August, 2017

WHEN WILL THE SHORTLIST BE ANNOUNCED? Final shortlist will be announced from September 1st, 2017

WHEN & WHERE WILL THE JUDGES CONFERENCE HOLD? Judges Conference will hold on Friday 10th November, 2017 at the Africa Finance Cooperation, Osborne Road, Ikoyi, Lagos

ARE JUDGES EXPECTED TO SHARE THE RESULTS AMONG EACH OTHER BEFORE THE CONFERENCE? No, all evaluations are to be sent to esqnigerianlegalawards@gmail.com

WHEN IS THE AWARD TAKING PLACE? The Awards ceremony will take place on Sunday 12th November, 2017 at the Landmark Event Centre, Oniru, VI, Lagos.

CAN JUDGES NOMINATE?

No, Judges can not nominate

EsQ Legal Practice

GENERAL POINTS FOR PARTICIPANTS TO NOTE

1. All nominations will be submitted through the email.

6. Please ensure that it is clearly stated where information is confidential: the content of every entry is for our judges only, however details given in 2. Nominators will be asked to provide supporting your submission may be used in the shortlist documentation, which must be in the form of a 500 announcement and the postevent coverage except word profile encapsulating why the nominee should it is declared confidential at the point of submission win the award. 3. Nominees for Practice Based Awards are also expected to list the other law firms that worked on the deals entered. 4. Please provide adequate details in your entries as this may influence the individual votes of the independent judges 5. Client testimonials may add extra weight to your entry- please provide them with your online entry process.

7. Entries should only cover December 2015-June 2017 8. Please e-mail your submissions to esqnigerianlegalawards@gmail.com 9. Please send only one submission per category per e-mail (multiple e-mails are however welcome) 10. Please mark the subject line of your e-mail as follows: ESQ Legal Awards/Category/Firm Name e.g. ESQ Legal Awards/real estate/Lere Fashola &

EsQ Legal Practice

MARKETING, BRANDING &

SPONSORSHIP OPPORTUNITIES Promotion and publicity for the event starts immediately and will be running in other mass media concurrently giving brand visibility to your brand at all preevent publicity eventualities.

BRANDING OPPORTUNITIES A dedicated website for awards has been launched and all sponsors will be hyperlinked to this site. Online advertising on the website pre-event and post event.

Magazine profiling of organizations that have been nominated for various categories, coverage is to hoist awareness of the awards and Table sales and advertising campaign encourage entry submissions. to run from June to August. Dedicated awards supplement, Extensive email campaigns (delivered including full page reviews of all the emails) will run throughout the year winners and photographs from the raising awareness of the awards, evening will be published p ost event encouraging entries, client . As part of the sponsorship package, nominations and table bookings each sponsor gains exposure postThe ESQ Nigerian Legal Awards Sponsorsâ&#x20AC;&#x2122; logos will be carried on all awards via a full-page advertisement. advertising campaign will be print advertisements and on HTML launched in June 2015 announcing emails A news release announcing the the judges and the various categories winners will be sent to local, national of the award. Editorial campaign from the launch and interested media to promote of the awards through to August. coverage. Bespoke ads will run for each There will be ESQ Legal Practice

ADVERTISING & EMAIL CAMPAIGN

EsQ Legal Practice

sponsor to include their logo in association with their sponsored categories.

Exposure and profile allows you to benefit from several months of high profile branding to the Nigeria legal industry before, during and after the event.

customers *

Networking opportunities with senior financial decision-makers within the leading organizations in Nigeria

Entertain clients at the most respected event in the profession and one of the highlight of the legal calendar year

Gain valuable profiling through awards-related editorial coverage and post event write ups

Your credibility is further * Be seen as the market leader in your acknowledged through association companyâ&#x20AC;&#x2122;s area of specialism by with the legal industryâ&#x20AC;&#x2122;s leading news sponsoring the awards you choose brand and awards * Elevate the profile of your products * Create new business opportunities and services with high-ranking and through higher brand presence well heeled audience among current and potential

EsQ Legal Practice

HOW CONVENIENT IS WORKING IN-HOUSE TODAY?

MRS BUNMI ADU, FORMERLY AGAGU, GENERAL COUNSEL OF ETERNA PLC SPEAKS ON THE INTRICACIES OF BEING AN IN-HOUSE LAWYER IN NIGERIA. In-house counsel today is faced with enormous challenges in demonstrating their value to the organization. Bunmi Agagu gives practical tips on how she is leading the team at Eternal PLC. Did you always know you wanted to be a lawyer?

What has been the standard project of the last five years that you have been involved in?

Naira turnover per annum company and has enlarged the scope of the business to the here is no direct point where close to 100 answer to that Eterna Plc is predominantly a billion Naira was generated as question. I think I got proper guidance downstream energy company. turnover in the financial year ended 31stDecember, 2015, we The last five years in the and support from have also recorded year on Company has been quite my parents, they probably exciting, Mr. Mahmud Tukur year growth in the bottom line nurtured the ability to think in the last five years. I am glad clearly through issues from an became the Company's to have been a part of the early stage in my life. Without MD/CEO in June 2010 and success story. So, to answer under his leadership the that guidance, I could easily your question without have taken my curious mind Company's fortunes have breaching privileges I would into any other discipline, but improved tremendously. He I'm happy to be a lawyer and I came to the helm of affairs of say, we haven't been involved in standard projects, we have an approximately 10 billion really love what I do.

EsQ Legal Practice

been involved in projects and transactions that have yielded phenomenal success.

What is the best thing about working for Eterna Plc? Eterna is a great place to work. The best thing would be the air of camaraderie; you can feel it as you step in. It's almost like working with your

EsQ Legal Practice

I have to say that one thing that helps with relating with regulators is a company's desire to do the right thing and comply with rules. The legal advisory role requires an in-depth understanding of contractual risk management as it affects individual transactions. There is no short cut to documenting a contract right, it's important to sit with the parties, understand their expectations and ensure the contract represent the parties' objectives. The new National Code of Corporate Governance is laudable because it attempts to harmonise all the existing codes in Nigeria. However, it poses a challenge for companies that are neither banks nor insurance companies because Has your business been of the huge cost of compliance. affected a lot by Nigeria's At Eterna, we take Corporate present economy? Governance issues very Everyone has been affected by serious and we have built the present economic circum- appropriate structures to stances. The Nigerian energy ensure that the Company is sector is quite importwell governed. dependent, so it hasn't been easy sourcing forex. I would say that what has helped us is Has the nature of your role changed since you started? the team spirit within the Company. For want of a better The business world is expression, we have someextremely dynamic. The oil & thing similar to our own gas industry keeps going economic team - so we discuss through changes. And the pressing issues, analyse the regulatory regime for challenges and find a way to companies, particularly work through it. Nothing quoted ones, has witnessed beats putting several good significant variations in the heads together. last couple of years. As a company secretary, keeping abreast of these changes and What are the main legal and how they affect the entity you compliance challenges for General Counsel operating in represent is a KPI. Whereas, you could afford 'to be seen your sector today? and not be heard' in the past, The Financial Reporting that is no longer an option in Council recently released a the information age that we do National Code of Corporate business in today. The role of Governance applicable to the Company Secretary has listed companies in Nigeria. been amplified to the soundWhereas the previous code ing board of the organisation had been voluntary, which on regulatory and compliance means companies should issues. endeavour to comply, where close friends â&#x20AC;&#x201C; the ones you really like! I would also say the dynamic nature of the job, my responsibilities and my boss's ability to keep you on your toes at all times.

peculiar circumstances prevent a company from complying with the Code, there was room to explain those peculiar circumstances.

Do you consider the Nigerian market as one that is accessible for start-ups and businesses?

Definitely! The opportunities in Nigeria are limitless! Sure there are challenges but as they say nothing good comes easy. You just need to find a pressing need, believe you can meet that need and go for it.

render legal advice that can be used for business decisions.

Could you take us through your typical day in the office at Eterna Plc?

My typical day involves lots of interactions, meetings and How has your experience been reviews. The legal advisory relating with the regulators? role requires an in-depth I may be an outlier on this, but understanding of contractual we actually have a very cordial risk management as it affects individual transactions. There relationship with all our is no short cut to documenting regulators. I have to say that a contract right, it's important one thing that helps with to sit with the parties, relating with regulators is a understand their expectations company's desire to do the and ensure the contract right thing and comply with represent the parties' objecrules. Frequent communication also helps, because after tives. all is said, the regulators are out not to punish but to ensure The Company Secretary role compliance. involves compliance issues

Do you prefer to keep work inhouse or is there a need to outsource and keep close relationships with law firms? Of course you know that the Legal Practitioners Act prohibits us from representing the Company in law suits. So, in that instance we always have to outsource. However, with regard to solicitors' work we outsource as often as we can but we keep a keen eye on the objective of the transaction. We have learnt over time that the language lawyers speak is completely different from business language. With business people, we find the underlying objective and relate with our external lawyers so that they can

and relating with regulators & other stakeholders on a periodic basis; but you have to keep abreast of what each stakeholder requires on a daily basis.

What do you like to do away from work? In a world where all your gadgets are linked, I am not sure that there is a thing like 'away from work'. But when I have a moment and if my husband's schedule allows it, we love to travel and find the most adventurous thing in our location to do â&#x20AC;&#x201C; it doesn't matter whether its zip gliding or bungee jumping if people have survived it, I'm in!

EsQ Legal Practice

TOWARDS A NEW NIGERIA RE-THINKING THE FUTURE OF A PROSPEROUS NIGERIA As the debate on reconstructing of Nigeria gains momentum, every one argues there is severely a need for change. Akin Osinbajo SAN shares his thoughts on current happenings in Nigeria. 60

EsQ Legal Practice

How effective is today's justice system and other stakeholders in providing efficient justice delivery that is central to our national economic growth and development?

a population of over 150 million whereas the United States Justice System has convicted over 2.5 million people. It is either we are very well behaved people in t is a work in progress – Nigeria or there is something we must take a holistic very wrong somewhere or look at our justice system Unfortunately for us, virtually indeed everywhere! all the stakeholders also need to improve its functionality. Because of drastic and comprehensive The importance of justice the type of Federal System we reforms. Let's look at a few:systems includes improving run, where cases go through the lives of vulnerable the states justice system and The Police need a total groups/poor people by end up in the Federal Justice overhaul. If I had my way, ensuring that everybody has System Synergy is lost, delays we should jettison the entire access to systems which occur and this is one of the police force and begin to dispense justice fairly, major problems. While some rebuild a new one, not sure speedily, and without states are reforming, others we can retrain the current discrimination. This cannot be are not very reformone. We have a police force achieved unless it is clear to all conscious. that can't do finger printing that the judiciary protects the investigations nor ballistic citizens, both the rich and the investigations. The issue of poor, by the due process of the Central to our National state police is also germane. law. Effective, independent and economic growth and fair judicial decision-making is development is the need for a The prisons similarly need therefore pertinent at this time. drastic reforms – can you functional, robust, trustworthy What are the current imagine a prison where a and speedy Justice System. So challenges to judicial prisoner has access to many things are involved and independence in Nigeria? hundreds of thousands of we could speak to this for Again we return to the dollars in cash, on several hours, but very briefly, we bedeviling question of the occasions i.e. laundering need a system that works type of Federation we practice. stolen money right there in We have adopted efficiently; that Nigerians and prison? What sort of prison academically and in letters a 3even foreign inventors can is that? A prison where trust, a system that is tier system of Government convicts have personal objective, that has rules that each tier having three power generating sets are obeyed, that prevents independent but unknown to the warders? I interdependent arms. The crime, detects it when it could go on. occurs, punishes it without Executive, Legislature and fear or favour and reforms the Judiciary. The Constitution convict during incarceration. The Judiciary: Grateful for the provides for the independence efforts of our immediate past of each arm but in reality, the contrary is the case, especially Like I said, it is still a work in CJN Hon. Justice Aloma concerning the judiciary. Mukhtar at reforming the progress. The various judiciary. The current CJN too Remember the several JUSON stakeholders involved in the Strikes? Which sought to get has spoken very forthrightly system also need to look the funds designated for the and boldly about not inwards for reform and recondoning corruption and the judiciary to be routed directly strategize so that their contributions to the system as politicization of the judiciary. and independently of other arms of Government. A whole lot still needs to be a whole blend with the aspirations of the citizens for done but at least the leadership identifies the economic growth and The immediate challenge to development. Again, some of problems and seeks to tackle the independence of the these stake holders include the them. Judiciary therefore is the police, The Bar, (official and disobedience to the unofficial) The Bench, The constitutional provisions Our criminal Justice System Staff of our Courts (Registrars has convicted only about concerning the funding of the bailiffs etc.) prison officials, 50,000 people all these years in judiciary by the Executive arm Law Makers (State and of Government. Another

National). Each of these stakeholders has an integral role to play and each affects one or two or more stakeholders so it is a myriad of interwoven relationships.

Again we return to the bedeviling question of the type of Federation we practice. We have adopted academically and in letters a 3-tier system of Government each tier having three independent but interdependent arms. The Executive, Legislature and Judiciary. The Constitution provides for the independence of each arm but in reality, the contrary is the case, especially concerning the judiciary. Remember the several JUSON Strikes? Which sought to get the funds designated for the judiciary to be routed directly and independently of other arms of Government. 61

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critical factor militating obstacles include: the staff refuse to rise up to against the independence of the occasion. We need (i) Lawyers who use their fresh crop of young the judiciary is the knowledge of the law and technologically- savvy unnecessary participation of procedural rules to show court clerks and assistants the executive in the process of down the turning of the to drive the necessary appointment of judicial wheels of justice; this is a change. I fear the old officers. I think this gives some great disservice to our brigade are un-trainable or governors the impetus to seek profession and could if not lack interest. So two things to interfere in judicial checked promptly, put us are critical, get the proceedings and to influence all out of jobs because if technology and get the judges, the idea being “since I the people lose confidence appointed you, you should do right people to operate it. in the ability of the System my bidding”. I believe the role to dispense justice speedily of the executive in appointing then they will find How will you appraise the role judicial officers should be alternative means of of lawyers in upholding similar to the role played by settling their disputes democracy and the rights of the judiciary in the thereby rendering our individuals in Nigeria? appointment of Chief profession irrelevant. I think lawyers are up and Executive Officers i.e. just There is already a move in doing when it comes to participate in the swearing in this direction. It is still upholding democracy. The ceremony. Every other process subtle but if care is not large number of well fought of selection should be totally taken, it could explode. election cases in our independent of the other arms (ii) The Court staff like the tribunal over the of Government. registrars, typists/secretary years is a etc. also add in no small testimo way to the delays. I believe ny Some might argue that the they should be urgently appointments are done by the to retrained and refocused to State Judicial Service be more able to use Commission and the National technology to speed up Judicial Service Commission their work. You find that in but don't forget that the Governor/President appoints a lot of our courts and even the members respectively and in Ministries of Justice the use of modern technology can also as we have seen tools is still strongly alien recently (rightly or wrongly) to them. refuse to appoint someone who has been recommended (iii) In the criminal justice and cleared by these two system, the police and the bodies. So there is an DPP's office are largely overbearing influence of the responsible for the Executive in the appointment incredible delays in process which impinges on the investigation of crimes and independence of the Judiciary. prosecution. You will be surprised that the large number of “awaiting trial” The foregoing are merely cases are directly linked to distractions, happily save a the inefficiencies of these few bad eggs that have largely offices and not necessarily been weeded out, we do have the judiciary. Courts strong willed, bold and adjourn largely at the assertive judges who dispense instance of the police and justice freely and fairly to the Department of Public best of their ability. Prosecutions. (iv) Another major What are some of the impediment to speedy impediments to speedy dispensation of justice is dispensation of justice in the lack of verbatim Nigeria? recording systems in our Impediments to speedy courts even where we have dispensation of justice are tried in some states to many, some of which I have introduce the technology, spoken about already. Other

I think lawyers are up and doing when it comes to upholding democracy. The large number of well fought election cases in our tribunal over the years is a testimony to this fact. The level of participating lawyers is also commendable. The fact that the top echelon of litigation lawyers all over the country are involved in these cases makes our democracy viable. 62

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this fact. The level of participating lawyers is also commendable. The fact that the top echelon of litigation lawyers all over the country are involved in these cases makes our democracy viable. Similarly, there is no lack of lawyer participation in fundamental human right matters also. Again, the top echelon of lawyers are active in this area so personal and corporate rights are protected. The only problem can be the accessibility of the poor and indigent to this level of expertise. Happily, some of us engage in pro-bono work, while some state Governments also render qualitative and free legal assistance to the poor.

The government is not to be omnipotent, doing as it pleases. On the contrary, the government must abide by certain limitations, which have been designed to protect its citizens from the abuse of power. How can we continually maintain limits on government powers? Maintaining limits on the powers of Government is a constitutional issue and a function of observance of the rule of law. When Government overshoots its powers, it is usually in breach of the constitution or certain rules. Curbing the excesses and impunity of Government is a task for the citizens and in the vanguard of this ought to be the lawyers. Happily, we have always had a great watchdog in the Nigerian Bar Association and the current leadership is keeping this tradition and pushing to extend

the frontier which is very commendable.

professions into ours. At the time for example, accounting firms began to have legal embedded in What are the recent investment practitioners their firm doing legal work for trends you have observed in which the accounting firms Africa, and how will these were charging legal fees. trends affect commercial enterprises and their lawyers? Similarly, we had several consultancy firms with legal The most significant trend is departments charging legal the rise of e-commerce in fees. Happily, the concerted Africa, mostly driven by the efforts of the task force put an growing middle class, an end to these incursions. increasingly urbanized population, rising smart phone penetration and a Today our profession is being growing IT infrastructure. threatened by globalization Given the nascence of this and the earlier we realize this, trend, several challenges have the better so we can quickly invariably manifested, most nip it in the bud. notably concerns with data privacy, online identity thefts Indigenous law firms need not and jurisdictional issues in cyberspace. The existing legal be told that loss of business framework would need to be would be the most significant amended to catch up with the outcomes of the influx of international legal firms. This development in this terrain. is so because the international patronage enjoyed by our law Once legislation catches up firms today would be lost with e-commerce, commercial since the foreign clients would enterprises may face issues then have branch Law offices relating to regulatory in Nigeria. compliance with privacy issues, jurisdictional matters That being said, my advice to and intellectual property, especially concerning domain indigenous law firms is that for any business to maintain names, trademarks and relevance in the face of copyright. Lawyers who are competition, having a commercially astute and dynamic can help proactively competitive edge is necessary and this is no different for law minimize their clients' firms. Clients are after getting exposure to legal liability in value for services rendered; this growing field. simply translated into getting a job done in the best possible Africa continues to welcome way, in a time efficient the influx of International law manner, and at a competitive firms, some firms are rate. While some local firms beginning to thrive in some explore forming partnerships African countries. How can with international law firms, indigenous law firms in Africa there is no reason why standaugment their business in indigenous firms cannot order to remain relevant in this alone stay competitive by adopting new trend? global best practices, some of As member of the Nigerian which have been enumerated Bar Association's Special task above. There are several force on multi disciplinary examples of the latter scenario practice and incursions into and they continue to retain the Legal profession chaired strong relevance, the by Chief F.R.A Williams, I was emergence of international instrumental in the fight to law firms notwithstanding. A protect incursions by other seasoned core team is

Once legislation catches up with e-commerce, commercial enterprises may face issues relating to regulatory compliance with privacy issues, jurisdictional matters and intellectual property, especially concerning domain names, trademarks and copyright. Lawyers who are commercially astute and dynamic can help proactively minimize their clients' exposure to legal liability in this growing field. 63

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essential, as well as staying visible globally.

Corruption seems to have eaten deep into our national life. The new government has however made fighting corruption their key task. However, looking at the spate of our laws and the attitude of lawyers who represent suspects in some of these cases, what reforms will you propose in our justice system to enable us tackle corruption? We already have more than enough laws and institutions to fight corruption effectively. What we have always lacked is the will to fight it. Such will has to come from the very top of the government Pyramid and flow down to the heads of the anti corruption agencies, their staff and operatives, through to the police and other ancillary agencies back up to the courts the Bench and like you rightly suggest, the Bar. The “WILL” from the top must be so “STRONG” that it flows without losing strength all the way down through the whole gamut of the anti corruption/Administration of

Government must re-orientate Nigerians. We have become so decadent, so wasteful in virtually all spheres, there is an appalling criminal waste of our nations resources. We are told that we lose about 400,000 barrels of oil daily. Ghana prides itself as an oil producing country and all it produces is 250,000 barrels a day. I was reading the other day something posted by INTERSOCIETY quoting Premium Times Report 2015 to the effect that our National Assembly passed only 106 Bills into law in the last 4 years despite being the most expensive legislative body in the World. Whereas, the U. S. Congress in one year 2013 – 2014 passed 297 bills into law. In 1999 the U. S. Congress passed 604 Bills into law and 460 in 2007.

that when you remember, makes you happy about the opportunity you had to serve your people?

the rights of the citizens. The establishment of

Wow, trying to answer this might take a few days because as you probably know I served for 8 years i.e. (two 4 year terms) which makes me the longest serving Attorney General in Ogun State.

Before becoming the Attorney General, I was privileged to serve on the Transition work group committee on the Administration of Justice put together by the then Governor-elect, Otunba Gbenga Daniel. This committee extensively reviewed various sectors; the Ministry of Justice, The Courts (High and Magistrates) and had several interactive sessions with all stakeholders in the Administration of Justice Sector. Luckily, I had When they compared how much our National Assembly also worked closely with my brother, Yemi who had by members earn with their output it was more shocking. then been the Attorney They earn about N150 billion General of Lagos State for four years and was just per annum which works out to about N5.77 billion for each beginning his second term in

alternative dispute resolution centers with certified mediators in several parts of the state. Facilitation of the creation of more judicial divisions of the High Courts and Magistrate courts in areas hitherto not covered thereby bringing justice closer to the people. The comprehensive Revision and Publishing in 2006 of all the laws of Ogun State in 6 volumes. This was the first revision in 28 years. The Establishment of the 'Criminal Justice Fund' which provided funds for witnesses in Criminal Trials to enable them attend court and also for process servers (police/bailiffs) to serve witness summons etc. This drastically increased the number of cases prosecuted and concluded as hitherto a major challenge was getting witnesses to come to court due to lack of funds. Facilitated for the rst time

We already have more than enough laws and institutions to fight corruption effectively. What we have always lacked is the will to fight it. Such will has to come from the very top of the government Pyramid and flow down to the heads of the anti corruption agencies, their staff and operatives, through to the police and other ancillary agencies back up to the courts the Bench and like you rightly suggest, the Bar. Justice System.

of the 106 Bills passed into law.

The problem of pervasive corruption is so endemic that we do not have the luxury of time to begin the fight by trying to review legislation etc. Let us begin in earnest with what we already have, we talk too much in Nigeria. Real action to back up those words is what we need now.

Another incredible story of wastage is the N27 billion being spent building houses for the senate president and speaker of the house. How many of us live in houses that cost even N1 billion Naira? We recall the Minister of Petroleum said to have spent N10 billion in one year servicing a private jet she With the current state of the global economy and the falling hired for herself and family. price of Crude Oil, what advise One could go on and on …

will you give the new administration in setting the country on the right path?

Whilst I do not pretend to be an armchair economist, my humble recommendation to the new administration is to urgently block leakages and waste, look at the budget passed and review if possible the amounts earmarked for recurrent and try to increase capital. A situation where about 80% - 90% of our budget is recurrent while only 12% is budgeted for capital expenditure is an anomaly. 64

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There is so much waste, the cost of governance and corruption daily fritters away the Nation's Common resources making it impossible to deliver much needed infrastructural development and social services to over 170 million people.

You recently served as the attorney General and Commissioner for Justice in Ogun State. Looking back, what are some of the things

in its history active partnership between the Ministry of Justice and the So, I was quite prepared with British Governments a clear vision of what reforms Department for needed to be done in Ogun International Development State. Happily, I believe we (DFID) – resulting in a achieved nearly all I set out to programme which funded do, especially because we had lawyers to decongest our a most supportive and prisons, as well as the forward-thinking governor. establishment of the IjebuOde office of the citizens' rights department. Looking back now, it gladdens my heart that we Created in 2008, two new were able to carry out the departments in the Ministry following reforms and of Justice viz the interventions among others:commercial law and the Law Development Departments to enhance the Provision of meaningful Ministry's Capacity to access to justice for indigent respond to emerging citizens through the setting trends. up of the Citizens' Rights Department in the Ministry Hosting of the First ever stake holders conference on of Justice offering free legal the reform of the advice and representation Administration of Criminal in court. Justice in Ogun State. Setting up the office of the public defender. This led to the re-orientation of the Setting up of the first ever public perception of state law reforms committee government from that of an enforcer of the law only to include being a protector of Facilitated the inauguration for the first time in Ogun office.

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State, the Administration of Justice committee chaired by the Chief Judge with the commission of police, comptroller of prisons, Bar Association Chairman and Attorney General as members. We were able to impact positively on the judiciary Introduced and facilitated the payment of research/journal allowances to all our judges Facilitated the building and subsequent occupation on owner/occupier basis of modern detached houses for all our judges Facilitated the purchase of brand new cars for all our judges in 2004 and 2008

I would have loved to happen. Unfortunately the new Government did not key into this vision for political A major one is that due to the reasons. The saddest part is unpatriotic stance of some of that today this project and our law makers, Ogun State several others like it (the cost the once in a lifetime Airport Project, the LNG opportunity of the sitting of a Project) that were the brain deep sea port within our children of our Government State. Earlier on in our have been taken over by administration the Governor neighboring states, partnering had commissioned foreign with the same investors we and local consultants to carry had discovered and nurtured. out comprehensive survey of the state with a view to Another thing I would have determine what potential loved to see done was the existed within the state that could impact positively on the inability of our Government to complete an Ultra Modern economy and lives of the Judiciary complex which was people, one of the most fundamental of several things undergoing construction and had reached an appreciable found out by these advanced stage. consultants, was that Ogun State had perhaps the deepest shoreline in the entire country The 1999 constitution has The Bar in Ogun State was not making it ideal for the siting been variously criticized with left out as we of a deep sea port, there being many attempts at amending or no deep sea port in the entire reforming it. The last sub region that would have government set up the Facilitated the allocation of generated the type of constitutional reform process prime land to the Bar commerce and positive albeit with many fundamental Association for the impact this would have on the issues or do we say concerns. construction of a befitting state. I remember one of the Yet no one can deny the Bar Center in the State consultants saying if we could challenges posed by ethnicity Capital. get investors in the Maritime and religious sentiments in Facilitated regular Nigeria. In fact almost 60 years trade interested and they assistance to the Bar after independence, Nigeria funded the project it would still struggles for the basic Associations in the State to make existing ports in amenities like water, electricity, enable members attend Nigeria, Apapa and TinCan good roads etc while the line Annual Bar Conferences. especially, like “boys of ethnicity and division seems We were also able to requarters” of the deep sea port. to be getting broader every orientate the law officers in So such was our great day. Prof J. P. Clark in his the Ministry transforming excitement and anticipation book “All for Oil” asked them into a formidable that the Governor and that “do you really think chamber of lawyers that economic and legal teams this black market shed could hold their own in a spent weeks and months called Nigeria will hold private sector setting, by putting together this project, for long?” What advice provision of enhanced getting investors to buy-in etc. will you give the new allowances, modern Just when all seemed ready to government in bringing working tools and modern go and we needed as a state to about a lasting regime working environment. invest a token to open up the of peace, equity and justice in Nigeria? area that had been identified for the project, some of our Politicians are the ones At a stage, when government law makers for political and who for their very funding was dwindling, I very selfish reasons decided selfish reasons personally purchased over 20 to frustrate the efforts of the continue to use air conditioning units for the Government. They refused to religion and ethnicity Ministry of Justice. pass necessary legislation and as cannon fodder for approvals to move the project political battles. Like I said I could go on and forward despite several Nigerians should be on. passionate appeals to them by aware of this and well meaning patriots. happily, from the outcome of the recent What are some of the things that you wished you had the The investors were aghast and elections, people refused to be swayed by opportunity to correct or make so were we in Government. these sentiments. It is happen? We were in this state of limbo dangerous for our I have very few regrets. There till sadly our time in politicians to continue to do are however one or two things Government was over. this as we are a very

religious and ethnicconscious people. My advice to government is to abide by the Constitution as it stands which says Nigeria has no state religion and to uphold this in all they do and say.

Outside your law practice, what do you do to enrich your live? Outside my law practice, I am an ordained Pastor at the Fountain of Life Church, Lagos and also the Deputy Chancellor of Remo Diocese Anglican Communion. I sit on the board of a few companies and do some charity work. I am also happily married to a wonderful wife and father to three great children.

Politicians are the ones who for their very selfish reasons continue to use religion and ethnicity as cannon fodder for political battles. Nigerians should be aware of this and happily, from the outcome of the recent elections, people refused to be swayed by these sentiments. My advice to government is to abide by the Constitution as it stands which says Nigeria has no state religion and to uphold this in all they do and say. 66

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Essential Android Apps for Busy Attorneys

By Daniel J. Siegel

In recent months, we have seen the release of the Google Nexus tablet, the Galaxy SIII smartphone and the Kindle HD, all of which run on Android. According to International Data Corp., the Android operating system was included on three out of every four smartphones shipped during the third quarter of 2012. Out of the 181.1 million smartphones made in that quarter, 136 million ran on Android. Not surprisingly, the number of apps â&#x20AC;&#x201D; that is, software programsâ&#x20AC;&#x201D;that run on the Android operating system has also grown, to more than 700,000 as of October 2012.

ndroid use among lawyers and their staffs continues to grow and will expand as the number of apps increases, particularly those that help attorneys to be more productive. This article highlights some essential Android apps that every lawyer should consider having on his or her smartphone or tablet. Fortunately, most apps are reasonably priced; in fact, many are free, and most are priced less than $14.95.

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CLOUD STORAGE PRODUCTS EMAIL AND TEXT MESSAGES Dropbox, the most popular cloud storage app, integrates with numerous other apps and programs, including cloudbased case management and document management programs. Dropbox lets desktop and laptop users store information and automatically syncs files among computers.

If you don't like Android's default email program, Kaiten Email is a terrific alternative. It's flexible, and its strength lies in the ease with which it displays email and allows users to customize the interface.

When it comes to text messages, attorneys need to For more general use, Amazon view, answer and save them. Go SMS Pro may be the best Cloud is an easy and inexpensive way to store data, and most versatile text messaging app. The premium including documents and photos, on Amazon's servers, version has local backup and restore, Dropbox sync and so that you can access them other features that allow anywhere.

attorneys to preserve text messages. SMS Backup & Restore lets you back up and store your text messages. Then you can just move the files to your phone's external storage card or view them when your phone is attached to a computer. Finally, when you want to talk but not use your fingers, Speech to Text is a very userfriendly app. Just tap the start button, then speak. Next, enter a phone number or choose the contact to whom you want to send a message, and pick whether to send your message as a text or an email. That's it.

another. But what's particularly useful, and a terrific enhancement over Android's default contact manager, is that it organizes contacts by organization and title—and makes dialing a breeze. With numerous customizable features and helpful widgets, aCalendar is one of the most popular calendar apps. Although aCalendar synchronizes only with Google Calendar, not Outlook, it easily handles recurring events and special dates (such as birthdays and anniversaries). It also creates QR codes—square bar codes designed to be scanned by smartphones and other devices so that you can instantly learn additional information about the coded NOTES, TO-DOS, CALENDARS, item—to help share events with ETC. others. Evernote does just about everything. Not only can you create written notes, you can MICROSOFT OFFICE AND ADOBE PDF FILES also make lists, record voice When you work on Microsoft notes, save photos and then Word, Excel and PowerPoint sync them on all of your files, you need versatile devices. With the premium programs. Kingsoft Office has version, you can access the most elegant and usernotebooks offline, let other users edit your work and add friendly interface of any of the Office-compatible products. a PIN to protect your app. Just tap an icon in the app and choose from the most common Astrid allows you to create to- commands. Even nicer, the do lists, assign tasks, and app marks every file so that automatically remind it's easy to know what type of colleagues what is due and file it is (such as a document or when. Plus, when someone spreadsheet) and shows styles. completes a task, Astrid marks It also has an excellent it “done” and notifies you that comment and review panel. the work is finished. ScanBizCards Premium is easy to use and includes one of the more accurate OCR readers of any of the apps that manage business cards. In addition, the app can save its results to Web Sync, its online storage program. While Web Sync is a nice benefit, it isn't free, but its Internet-based storage may be worth the small annual fee to have the convenience and comfort of knowing that your contact information is safely stored in the cloud. DW Contacts & Phone & Dialer displays contacts, with each person's firm in one color and the job title in

device, essentially a glorified remote control. Both apps display the notes linked to presentations and can connect automatically to a PC. Most of the differences between the apps are in design, so you may want to test both to be sure which one you prefer. Either way, you don't have sit at your computer to run your presentation. With Adobe CreatePDF all you have to do is open the app, select a file, and it is instantly turned into a PDF. The app also lets you annotate PDFs, with many of the features only available to PC users in Adobe Acrobat Standard or Professional. Adobe Reader lets you view and share PDFs, and perform a host of functions not available in its PC counterpart, including creating annotations and comments, filling out forms, electronically signing documents and sending PDFs to other readers for signing.

SCANNING CamScanner HD transforms most Android devices into a scanner. Just take a picture of any document and the app turns it into a high-quality image. From there, CamScanner either autocrops the picture or lets you do it, and then saves your result as a PDF. After that, just share your image, or send it as an email or text attachment.

Fastcase is fast, and generates impressive and accurate results. Using Fastcase's comprehensive database, this app allows anyone to locate virtually any state or federal case or statute with just a few key- or finger strokes. Its interface is clean, and once you get used to the app's navigation, you'll use it often. PushLegal is an impressive app with databases of rules and statutes for a handful of states, in addition to the Federal Rules of Evidence, the Rules of Criminal Procedure and the Rules of Civil Procedure. PushLegal also has a desktop application that is sold by subscription and includes access to all of the app's databases.

REMOTE ACCESS PocketCloud Remote Desktop Pro allows you to connect to your office using Microsoft's Remote Desktop Protocol. After connecting, you have full keyboard and mouse control over your computer. This app works with most versions of Windows.

Easy to use, with excellent onscreen graphics, including mouse and keyboard simulators, Splashtop 2– Remote Desktop is perhaps the fastest remote access program for Android, and the quality of the transmission is excellent. An alternative, TeamViewer for Remote TIME BILLING Control allows users to remotely access computers, Bill4Time Mobile lets you Quickoffice Pro's integration synchronize your time from and to see and transfer files with numerous cloud from one device or computer your device to a desktop or products makes it a standout other location and then to another. Although marketed for users who store as a support product, download your data into information on numerous QuickBooks. Plus, the system TeamViewer can be used for cloud services. Its navigation includes all of the ABA either support, or logging in and toolbars are easy to use uniform billing codes, making and working. but a bit small. Like its it easy to use one set of codes competitors, it nicely performs everywhere. LEGAL INFORMATION its core function of creating ABA Journal Mobile app is and editing Office documents LEGAL RESEARCH really a link to the and PDFs. publication's mobile website, WestlawNext has a streamlined design that allows which is regularly updated When it comes to showing with ABA news and other you to quickly research, PowerPoint presentations, you browse content, KeyCite a information relevant to have two good options. Both document or view recent lawyers. Among the mobile SD PowerPoint Remote research. Once you have your site's strengths are its links to Control and PowerPoint results, you can sort them by a podcasts, blawgs (law-related OpenOffice Remote transform variety of criteria, email or blogs) and Numbers, a site your phone or tablet into a that focuses on a seemingly save them, and perform PowerPoint presentation endless array of legal numbers related searches. 69

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There are times when your phone simply cannot ring. Enter Silence Scheduler, which allows you to schedule quiet time on a daily or weekly basis, and creates multiple schedules for the times when you can't be interrupted. Printing from a mobile device can be a challenge. PrinterShare Mobile Print finds printers that are accessible via USB, Wi-Fi or Bluetooth, as well as cloudbased or other remote printers, and lets you print to them.

TRAVEL Just forward the email confirmations from your travel providers to TripIt, and the app organizes them. You can also add trips manually and share them with friends, family or coworkers. TripIt's professional version includes alerts about flight delays, cancellations and gate changes; keeps track of your frequent traveler accounts; and helps find alternative flights when your flight is canceled. It's hard to beat FlightTrack Free when you need information, including flight status, gate information, delays and UTILITIES cancellations. The professional upgrade MyBackup Pro is essential when you (which is different from the premium need to back up your system, because the version) stores trip information from last thing you want to do is to manually TripIt, making it easy to see all of your restore everything to your device. It travel data in one place. works well, and if you have lots of apps, you can buy more online space to save CONCLUSION data. With the power of Google behind it, the influence of the Android operating Battery Solo Widget does one thing—it system will certainly increase. That the tells you how much battery life you have. number of available apps increased by 80 If you frequently charge your device, this percent since the beginning of 2012 is just is the app for you. But if you travel and one measure of the growing popularity don't have access to a charger all the of the operating system and the devices time, an app that helps analyze your that run on it. As use of Android-based device usage and extend battery life smartphones and tablets continues to might be preferable. expand, so will the number of apps. This means that attorneys can look forward to an even wider array of options that will FlexT9 Text Input Keyboard lets you allow them to be as productive away “swipe” letter patterns and figures out from the office as they are at their desks. the words you're typing, a feature that people who aren't adept at typing on these tiny device keyboards sorely need. Daniel J. Siegel, principal of the Law Offices In addition, the app—which also works of Daniel J. Siegel LLC and president of with voice typing—guesses your next Integrated Technology Services LLC, is a word based on word and letter patterns litigator and technology consultant licensed it already knows. When you need to type to practice in Pennsylvania and New Jersey. unusual letter and number patterns, you The author of Android Apps in One Hour for can turn off the intuitive features and Lawyers, he is a frequent lecturer and author turn FlexT9 into a traditional keyboard. on legal technology, ethics and professional responsibility issues.

and data. Because the mobile site is light many. on graphics, it loads quickly. ABA TECHSHOW 2013, sponsored by the ABA Law Practice Management Section (LPM), is the continuing education conference and trade show for anyone with an interest in the law and the technology that helps power it. This app provides information about every aspect of the event and is a must-have if you're attending. The American Lawyer app includes “feeds” that allow readers to see the Am Law Daily, the magazine's method of disseminating breaking news and other legal information.

INTERNET BROWSING Maxthon Cloud Browser is one of the most popular browsers, with numerous custom settings and versions for virtually every type of device. It displays videos extremely well, lets you sync settings and bookmarks between devices, and is extremely fast, an enormous benefit on mobile devices. Opera Mini, one of the oldest and most reliable Web browsers, works well on Android devices, and its quick rendering of pages make it a preferred browser for 70

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www.esqseminars.net

www.esqseminars.net training@esqlaw.net

FUTURE PROOFING

LAW FIRM

YOUR

By Jim Calloway

THE FUTURE OF PRIVATE LAW PRACTICE has been a subject of much speculation the last several years. While some law firm partners behave as if they believe things will go back to business as usual, most of those who are paying attention believe we are headed to a “new normal” in our future. Among the factors cited to support this proposition are business clients more engaged in negotiating legal fees, an overexpansion of law schools that has led to more attorneys entering an already packed job market, the continuing impact of technological advances on law firms and the proliferation of legal services offered online by people or entities that are not lawyers.

o, it's a basic fact: Planning is critical for lawyers and law firms. But it remains far too easy for firms to get mired in important short-term planning issues such as budgeting and managing large projects at the expense of investment in the firm.

to how they are treated as to the work product. (In fact, they may pay more attention to that.) Thus, we must build systems where clients receive timely updates on the status of their matters without having to ask for them or being charged extra for them. Discuss the expectations of clients for each new matter. Set reasonable, appropriate deadlines for projects and then As that great philosopher Yogi meet them. Berra noted about the future, “If you don't know where you are going, you might wind up Remember that clients pay attention to both your someplace else.” So here are some areas to think about for communications and work product. Failing to return a your future. phone call, allowing a typographical error in a BEHAVE AS IF IT WERE ALL document or completing ABOUT THE CLIENTS, projects later than promised BECAUSE IT IS. all contribute to the client's For a lawyer to have a practice, he or she must have overall view of the law firm's competency and service. paying clients. We are in a service profession. But it is IGNORE TECHNOLOGY often easy to focus on the ADVANCES AT YOUR PERIL. quality of legal services Information technology is provided at the expense of becoming more interwoven customer service. Yet your clients pay as much attention into our lives and business 72

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operations every day. A few years ago it might have been appropriate to have a simple feature phone and not a smartphone. But today, not being able to set an appointment on your smartphone does not inspire confidence about your legal ability. Technology purchases and training are and will remain a critical part of law firm operations for long into the future. Out-of-date technology slows down business. It is increasingly dangerous to use an antiquated billing system or to not have a good document management system. Simply put, you cannot take 10 or 15 minutes to do something that other lawyers can do in a minute, whether you bill that time or not.

increase the chance that a client will hire your firm. But even where a range of total fees and costs is based on many factors, you should be able to outline those factors and show how they impact cost. The billable hour hangs on, despite many calls for its demise. But its hold slips more each year. There will be more discussions with your clients about fixed fees and attorney fee caps in your future. Be prepared for them with your firm's historical information.

KNOW YOUR WORD PROCESSOR.

Love your word processor. Lawyers are wordsmiths. We draft lots of correspondence and contracts and pleadings and memoranda. Every law HAVE A BETTER ANSWER FOR firm should have regular, “WHAT WILL THE TOTAL COST short training sessions BE?” highlighting word processing We all like predictable costs. tips and techniques. Everyone Anytime you can quote a should be forced to attend. potential client a fixed fee, you The lawyer who does not want

to attend because he already knows it all should be assigned to teach a class. While it may be a good business model for legal assistants to format a federal court brief for filing, all lawyers should also know what to do. Today's lawyer should understand word processing tools such as Microsoft Word Quick Parts, macros and templates. If needed, ask your staff for some training help. The traditional lawyer met with a client, took the client's relevant information in handwritten form on a legal pad and then used that information. Most law firms are now past the point where basic client information, such as the mailing address, is typed multiple times to open a file and set up billing. Now law firms need to learn to enter all client information into a system where it can generate documents as the need arises. We live in the age of data. Getting the client's data input into your system so it can be easily reused is key for today's law firm. There are a wide range of document assembly tools available now. Is your firm using document assembly well?

Practice magazine, Law Practice Today, the Law Practice Management Section blog (lawtechnologytoday.org) and the New Normal column in the ABA Journal to stay on top of our changing environment.

BE BOTH EFFICIENT AND EFFECTIVE. Management guru Peter F. Drucker's often-quoted statement on this topic is: “Efficiency is doing the thing right. Effectiveness is doing the right thing.” Recently, Ron Baker of the VeraSage Institute posted on LinkedIn an essay titled “Big Idea 2013: Stop Worrying About Efficiency.” This was supplemented by a follow-up piece with numerous comments from a diverse group. Both are recommended reading.

Baker's primary point is that improving efficiency today in business is often too focused on cost cutting. He quotes from Drucker's People and Performance: “Effectiveness focuses on opportunities to produce revenue, to create markets, and to change the economic characteristics of existing products and markets. It asks not, How do we do this or that better? It asks, Which of the products really produce PAY ATTENTION! extraordinary economic We live in a world of rapid-fire results or are capable of change. Lawyers have always producing them?” grumbled about changes in laws or regulations, but now Setting up new tools to business practices and tools capture every stray tenth of an are evolving rapidly. Read hour so that it can be billed publications such as Law may be efficient, but it is not

very effective if the client is Your best marketing tool already pressuring the firm to remains what it always has reduce the fees it pays. been. Do great work for clients and build a reputation that causes others to refer your GROWTH CANNOT BE legal work. INFINITE. One thing that appears to be certain is that the legal We do not know everything profession cannot look to the future holds, nor can we continued growth to solve its guarantee future success. systemic issues. Yes, we can all look back on several decades “Future-proofing” your law of impressive growth in law firm is really an exercise in firm revenues. Yet there is improving your business little evidence today that the practices and determining future will look like the past where revenues are concerned. your priorities. That is something every professional Bruce MacEwen recently practice should be doing for completed a 12-part series entitled “Growth Is Dead” on today and for tomorrow. his blog (adamsmithesq.com) and has also compiled all of the posts into an $8.49 Kindle e-book you can purchase from Amazon. This is more required reading—at least for the law firm management team.

IMAGE ISN'T EVERYTHING, BUT IT IS SOMETHING. Your future success is based on the number of people who believe your advice and services are valuable commodities—something worth paying for. While referrals are still the very best way to obtain new business, an increasing number of people learn about their potential lawyer from Jim Calloway is director of the information garnered online. Oklahoma Bar Association Every law firm—even a solo Management Assistance practice—needs a website with Program. He publishes the blog biographical information and Jim Calloway's Law Practice a photograph of each lawyer. Tips (jimcalloway.typepad.com) Your email address should and also produces, with Sharon reflect your website domain. D. Nelson, the monthly podcast, Writing for publications that The Digital Edge: Lawyers and publish articles online is a good way to demonstrate your Technology. His Twitter handle is @jimcalloway. expertise. 73

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NIGERIAN POWER SECTOR: OPEN FOR BUSINESS? Dr Alimi Abdul-Razaq is one of the strong voices In the Nigerian energy sector. Nkem Taiye-Ulebor met with him recently in his Ikoyi office to discuss some current development in the Nigerian Energy Sector How has the Electric Power Sector Reforms Act (EPSR) 2005 impacted Nigeria's power sector?

manage the Rural Electrification Fund to ensure a separate but equally focused application of subsidies for rural he Electric Power electrification projects. So, it's Sector Reforms a critical legislation and had (EPSR) Act 2005 impacted the power sector provided the legal quite positively. It has also basis for the much facilitated injection of massive needed power sector reforms private capital into the which saw the legal industry value chain (i.e. unbundling of the sector, generation, transmission and establishment of an Independ- distribution) since ent Regulatory Commission privatisation in November (NERC), establishment of a 2013. Consumer Assistance Fund to ensure the efficient and Privatisation of Nigeria's power targeted application of industry is touted as a very subsidies to less privileged successful exercise. How will members of the society, you react to this claim? establishment of a Rural Given the perennial challenges Electrification Agency to evident across the electric

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power sector value chain in Nigeria, and more importantly in appreciation of the successes of privatization recorded by countries, which had hitherto faced similar challenges, the Federal Government of Nigeria commenced the privatization of its electric power sector. Prior to the privatization, the government owned and operated the Power Holding Company of Nigeria (PHCN), the successor company to National Electric Power Authority (NEPA), was established to exercise unilateral control over generation, transmission and distribution of electricity in

Nigeria. Like other stateowned corporations its performance was abysmally, PHCN's efforts at achieving steady supply of affordable power to homes and businesses were frustrated by poor funding, needless bureaucracy and official corruption. The dismal supply of electric power from the grid soon resulted in the stunted growth of the overall economy. Yes, the privatization exercise was largely successful but challenges inherited from PHCN abound which has dampened the high expectations of Nigerians that

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Lastly, the challenges of a dynamic market are equally there. For some time now, the market has been going through rapid transformation, hence market unpredictability. Going forward, the market is adjusting to new commercial framework and therefore market participants and consumers need to be more flexible and adapt to these situations. the privatization of the power sector would bring an end to the incessant power outages in Nigeria in a very short time.

world, we still lack the domestic gas production and distribution capacity to supply enough gas to support the envisaged increased power generation capacity.

What are some of the current challenges in the Nigerian Power Sector and what steps Lastly, the challenges of a can be taken to mitigate them? dynamic market are equally Transmission has been seen by some private sector participants as the â&#x20AC;&#x153;weak linkâ&#x20AC;? in the value chain. This necessitated the engagement of a private management contractor (Manitoba Hydro of Canada) for TCN to address this challenge. Skilled manpower coupled with poor technological infrastructure are challenges plaguing the sector with serious shortages of skilled workers and inadequate modern technology application in the transmission and distribution subsectors of the industry. In addition, domestic gas supply tariff priced in dollars does not align with the local electricity tariff priced in Naira, thus exposing the power sector to the exchange rate volatility translating to non- cost reflective tariff for power operators. This occurrence, has seriously discouraged investment in domestic gas infrastructure from the oil majors badly needed for the power sector and investments from the private operators engaged in the power sector. Though Nigeria is endowed with one of the largest reserves of natural gas in the

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Yes, the Nigerian market is ripe and also attractive for such investments. I say this because in terms of population, Nigeria is the seventh largest in the World with over 160 million people and still growing at over 6% per annum. By United Nations' statistics, Nigeria's population will reach nearly 230 million within the next 20 years. We are the largest of any country in Africa and account for nearly half the total population of West Africa and more than 15% of the total population of the entire African Continent. More than 40% of Nigeria's population is less than 20 years old, functional literacy level is placed at between 30% - 40% over the population and well over 65% on the (18 â&#x20AC;&#x201C; 45 years) population segment indicating strong, sufficient and modern labour market. Nigeria represents over 65% of the effective West Africa market and remains the most competitive destination for the establishment of medium and large manufacturing industries.

there. For some time now, the market has been going through rapid transformation, hence market unpredictability. Going forward, the market is adjusting to new commercial framework and therefore market participants and consumers need to be more flexible and adapt to these situations. Large investments (which is currently lacking) are required in power transmission and distribution sub sectors for improved output and operational efficiency required for our national industrialisation; plus, increase access especially to rural and agricultural areas of the country. Due to the nature of the power sector, the reality is even if the industry operators have the funds required, it will take some time to procure and install the new and modern We have a very broad infrastructure required to transform the power sector range and quantity of across the country. fuels available for power generation and a strong and There are now renewed well-structured interests in financing critical power sector power projects in Africa by international financiers. Is the roadmap, (the Nigerian market attractive for best defined in West Africa). such investments?

Nigeria is a member of the Executive Board of WAPP and has a Power Sale obligation to CEB (Transmission Company of Benin & Togo and Niger Republic). Our Gas supply obligations through the West Africa Gas Pipeline currently supports power production in Ghana with plans to cover other West & Northern African Countries for performance and growth in the power sector. There is request from other West African countries for example Burkina Faso, Chad and Cameroun to connect to our power and gas infrastructure. The power sector has moved from the position of government

ownership/management of the assets to a private-sector driven Nigerian Electricity Supply Industry in line with the EPSR Act 2005.

private sector should therefore key into the opportunities provided by the sector reforms and come fully on board now because the market is indeed large and potentially very profitable. What are your expectations The private sector should from the private sector considering the opportunities establish local factories for the that abound in Nigeria's power production of standard and sector? quality electrical equipment The current global trend is for and materials. In the short term, current available and private sector to be directly fluctuating generation level, involved in the power no doubt makes the generation and distribution establishment of modern and since Governments have efficient manufacturing proved incapable of doing factories expensive to operate such business successfully. The locally.

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When a commodity is produced and the money invested in production is not recovered through the market, then that product runs the chance of going extinct and this is one major challenge for the Nigeria power sector which if not handled properly may lead to a stagnation of the whole sector which will have devastating effect on our long term economic development and wellbeing. However, in as much as we know that the power sector is a socio-economic sector that other sectors revolve around, reversing the privatisation is not an option because given out current economic outlook Private entrepreneurs should take advantage of our emerging power sector for active production of electrical equipment and materials required for the local market and indeed the African market. The market potentials are too enormous. We shouldn't be importing items like insulators, line fittings, cables and bare conductors, instrument transformers, meters, relays, lightning arresters, switchgears, transformers etc. Our private operators in the power sector should leverage the advancement in our telecoms industry to improve their operational efficiency and productivity where ever applicable.

Do you think Nigeria needed to reform its power sector as witnessed over the past decade and are Nigerians reaping the fruits of such reforms? Sincerely speaking the reforms was inevitable given that government obviously could not run the system effectively and efficiently. Despite the criticism by some vocal members of the society, three years after the distribution and generation companies were sold to the private sector, their customers are experiencing lots of positive changes, some of them like online vending of electricity, 24/7 customer care / complaints centres, new ICT infrastructures, etc. all of which are providing customer satisfactions and conveniences are operating across the country. In addition, more meters had being installed than in the entire 10 years of PHCN. On the Gencos' side many of the generating units that were never maintained or

improved upon during the life of NEPA and PHCN, had experienced positive maintenance and overhaul at huge costs to their owners. However, these improvements and innovations are yet to meet the high expectations of the people in terms of 24/7 uninterrupted power supply, taking a cue from what happened in the telecoms sector after its privatisation. Hence, the recent agitations by most Nigerians to reappraise the content of the agreement that handed over the Power Holding Company of Nigeria (PHCN) to the private sector and its implementation. Some stakeholders are of the view that Government should relax the restriction placed on Pension Funds for the industry to make funds available to finance the huge capital projects required to hasten the turnaround in the power sector and that subsidy options on tariff should be considered for the sector, because of resistance by majority of electricity customers to pay actual cost reflective tariff. Consumers resistance to pay the true tariff occurs in other sectors of the economy, where government has taken it upon itself to subsidise end users tariff, to cushion the pain on consumers. However, subsidy in the power sector have been criticised because Government had already sold the assets to private investors. Again, critical to the survival of this sector is revenue collection. Due to many reasons peculiar to our power sector, there exist large

shortfall in revenue collection. Many Distribution Companies actual monthly revenue collection is between 30% to 50% as against 80% to 90% which is the norm in many well-run power sectors across the world. This huge revenue shortfall is money required to fund the massive developmental program required to turn the sector around. When a commodity is produced and the money invested in production is not recovered through the market, then that product runs the chance of going extinct and this is one major challenge for the Nigeria power sector which if not handled properly may lead to a stagnation of the whole sector which will have devastating effect on our long term economic development and wellbeing. However, in as much as we know that the power sector is a socioeconomic sector that other sectors revolve around, reversing the privatisation is not an option because given out current economic outlook, the Federal Government may not be able to buy back the utilities and even worse will be a contravention of the agreement entered with the new owners and potential investors will get the wrong signals. I think the way forward is for Government to enable the appropriate conducive operating environment that will nurture and develop growth in our evolving power sector. Where mistakes were made they should be corrected, where new operating framework and rules need to be setup to facilitate operational improvement they should be enacted.

Looking now at market drivers, are the energy security objectives of emerging-market national oil companies and governments still the biggest influence on current deal flow, or are other key market factors and participants now equally important, if not more so? There is no doubt that the decision of government about what to do with its resources remains a generic factor and driver in the scheme of play in any market for that matter. It therefore designs a national policy that would express its intentions about how it proposes to develop these resources and the arrangements that we are likely to be see in that regard. An instant case is the recently adopted National energy policy, which hopes to move the nation away from crude exports to a refined based export nation. This sets the tone for engagement with other stakeholders in the industry for the actualization of this government objective.

The need for clean energy seems to be felt on a global level. What is Nigeria currently doing to promote clean energy? Let me begin by explaining what clean energy is all about - it is simply renewable energy that can be naturally replenished, it can be gotten from wind, sunlight, geothermal heat, water, tidal waves, burning of nontoxic waste products. Energy is required for our basic living and survival, for cooking, transport, electricity, adequate health care etc. Nigeria is enriched with these renewable 79

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energy resources such as hydroelectric, solar, wind and biomass and government is trying to harness these resources. By using renewable energy sources like solar energy, we reduce our dependence on fossil fuel (i.e. gas, oil and coal reserves), thereby alienating our contribution to the negative effects of burning these fuels.

global warming with the flooding of the Island in Lagos and other parts of the country. The certain effect of greenhouse is the warming of oceans and the partial melting of glaciers and other ice, thus, increasing sea level. Ocean water will also expand if it warms, contributing further to sea level rise. Next stage is for the awareness of renewable to be brought down to the common folks and Over the years, there have encouragement given to been continuous talks about entrepreneurs to get involve in Climate change globally and renewable projects across the the need for clean energy country, especially in our rural sources, like the 21st areas that are yet to be conference of parties (COP) in connected to the conventional 2015 binding 196 countries to electricity grid. act on the reduction of climate change which we know as the Paris Climate Agreement. The The United States has greatly accelerated both in regard to Federal Ministry of Environment had launched a shale oil and natural gas and has been 'accused' for the Renewable Energy drastic drop in oil prices, to Programme (REP) where various projects are ongoing in which even OPEC seems to have surrendered. Is this the fulfilment of Nigeria's reason for the drop in crude oil obligation to the United or are the drop in crude oil or Nations Framework are there other reasons? Convention on Climate It goes without saying that Change (UNFCCC). In April

time again.

family. I also wanted to become a pioneer like him and I became the first PhD Law Furthermore, waning graduate from Ilorin. We consumption from thank God that today the technological advancement in Abdulrazaq family has automobile industry with the produced the first lawyer, the introduction of electric cars first SAN, first PhD Law would contribute to the fight graduate and the first to keep oil prices attractive for Professor of Law from Ilorin. new investments in that sector We are about 9 lawyers in the and sustain the energy Abdulrazaq family now. industry overtime. Recent efforts by OPEC to shore up its This year your father Pa prices through consensus Abdulrazaq SAN, OFR will be building among members have seen prices going north. 90, how do you feel as his son This signals their ability to We are grateful to the remain a competitive force in Almighty God for his long life the global energy industry. and are happy for him that we are not disappointing children to an eminent father. Africa, after years of

uncertainty, finally seems to be moving towards a profitable development of the energy sector, despite the problems of political instability afflicting many producing countries, such as Libya and Nigeria. Recently Nigeria began to champion intra African Trade in the Oil and Gas Sector.Do you consider this prospect to be likely, even with respect to the

As the chairman of Bridge Stone College, why is it important for lawyers to send their children to the school? We uphold discipline and eminent traditions at Bridge House. It is a culture of excellence and diligence. These are hallmarks all lawyers and indeed many

It goes without saying that America is responsible for her energy policy formulation with a view to achieving energy sufficiency. For decades, they have pivoted to pursuing that policy with oil producing Countries seeming not to take them seriously until recently. Africa would benefit from these economic renaissance which is capable of supplanting markets that have hitherto been the energy demand markets in view of their use technology to cause demand for crude oil to wane. 2012, Nigeria became a State Partner in the Climate and Clean Air Coalition (CCAC) to reduce Short-Lived Climate Pollutants (SLCPs) with initial focus on methane, black carbon and hydrofluorocarbons (HFCs).

America is responsible for her energy policy formulation with a view to achieving energy sufficiency. For decades, they have pivoted to pursuing that policy with oil producing Countries seeming not to take them seriously until recently. Russia has always been a Non-OPEC There are the obvious country for years but OPEC advantages and opportunities countries have always of clean energy. managed well inspite of them. We presently generate our energy from the burning of fossil fuels, coal, oil, natural Besides, the prelude to the last gas which causes pollution significant drop in oil prices that affects our health and had OPEC countries betting on wellbeing. This process the non-sustainability of shale produce certain gases in the oil exploration and production atmosphere that blocks heat in the United States especially from escaping and black below the $40 marker. carbon that alternates the Therefore, they declined to carbon cycle which plays a key take action with respect to role in regulating Earth's member outputs in order to global temperature and affect prices. Recall that by the climate thereby causing the nature of their structure i.e. greenhouse effect and global OPEC, they are required to warming. affect one of the drivers of either output or price with the other left for the market to Recently, we suffered the determine. They have always consequences of the changing gone the way of directly climate and the effects of intervening in output time and

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evident shortcomings that the continent must face both interms of industrialization and widespread access to infrastructure? One of the greatest potential for engagement with the African continent is the latency in demand for energy as economies grow. We have had the BRICS comprising of Brazil, Russia, India, China and South Africa and now the MINTs comprising Mexico, Indonesia, Nigeria and Turkey. Soon, Africa would benefit from these economic renaissance which is capable of supplanting markets that have hitherto been the energy demand markets in view of their use technology to cause demand for crude oil to wane.

What inspired you most about being a lawyer? My father was the greatest inspiration. He was the first lawyer from Northern Nigeria. There was also the urge to uphold a family tradition and now we have the third generation of lawyers in the

others would like to see in their children. Bridge House College Ikoyi provides one of the very best pre-university programmes and seamless access to the most reputable universities in the world for the best value.

What message do you have for the legal profession? The profession needs to continuously improve on legal education and training. The profession cannot afford to be left behind in this age of specialization an d and technology.

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By Richard Susskind

My original motivation in writing my latest book, Tomorrow's Lawyers: An Introduction to Your Future, was to provide young and aspiring lawyers with some sense of what the future might hold. When I studied law in the late 1970s and early '80s, my fellow students and I did not predict major upheaval in the legal world. We expected law firms to grow, but we did not anticipate major changes in the way in which lawyers would advise their clients or in the manner in which our courts would operate. In contrast, looking 30 years ahead, I think it unimaginable that our legal systems will not undergo vast change. I say this because I believe there to be three drivers of change that will combine to transform the legal landscape, radically and internationally.

y first driver of change is growing cost pressures on lawyers. I call this the “more for less” challenge how can we deliver more legal service at a lower cost? This challenge is relevant for all clients, from general counsel in the world's largest corporations to individual consumers. In these dismal economic times, the drive toward lower-cost service is relentless. The second pressure will flow from the liberalization of legal services and, in particular, from allowing nonlawyers to compete in the legal marketplace. Although this liberalization is restricted today to a small number of countries, I predict that its

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global impact will be profound and many other jurisdictions will follow suit before too long. The third is information technology, and especially the Internet. Technology is transforming the social and economic lives of us all. I see no reason that lawyers and courts should be immune from its reach. Crucially, though, the systems that are likely to exert greatest impact are “disruptive” technologies. This means that they will not support, sustain and enhance the way that lawyers and law firms have worked in the past. Instead, these technologies such as online dispute resolution and intelligent search will fundamentally challenge and change legal work.

In combination, then, the “more for less” challenge, liberalization and disruptive technologies are set to bring greater change in law over the next two decades than we have seen in the last two centuries. Or so I claim. Accordingly, I think it important that young people who are planning to enter our profession are exposed to some thinking about the ways in which their careers might unfold. The future of law, I say, will be neither Grisham nor Rumpole. Rather, it will be virtual courts, diagnostic expert systems, commoditization, alternative sourcing, Internet-based global legal businesses, Webbased simulated practice and much more.

What I try to do in the book, therefore, is to explain how and why there will be radical changes in the legal market, and what this means for law firms, for in-house counsel, for the courts and judges, and for consumers of legal services. I also try to offer practical guidance for young lawyers on what new legal jobs there are likely to be, who will be employers of lawyers in the future and what our law schools should be thinking and doing about the future. Although the book was conceived as an introduction to the future for tomorrow's lawyers, when I asked various clients and colleagues to read early drafts, many said that it

is also a useful primer for more-seasoned practitioners. Which, I presume, is why I was invited to write this article!

work as a form of production process, and one to which we can bring all manner of new efficiencies. Legal matters such as deals and disputes, I claim, are not indivisible professional engagements that must all be In the words that follow, to sourced and delivered in one give ABA members a flavor of way (conventionally by an Tomorrow's Lawyers, I attorney in a law firm). discuss three topics that are Instead, we can decompose central to the book and, I hope, legal work into sets of tasks of interest to the members of and, consistent with meeting the ABA: decomposing and the “more for less” challenge, alternative sourcing, we should undertake each task liberalization and legal as efficiently as possible. As an education. example, take litigation, which can be divided into these nine DECOMPOSING AND tasks: document review, legal ALTERNATIVE SOURCING research, project management, Over 10 years ago, I came up litigation support, disclosure, strategy, tactics, negotiation with an idea that has and advocacy. I am not saying gradually gained traction in the legal world that we can that this is the only way of breaking down litigation, but look at the delivery of legal

it should give a sense of my approach.

Document review provides a useful illustration of the point. Historically, junior lawyers were employed by law firms, I often ask litigators from the at formidable hourly rates, to world's finest law firms how plow through vast bodies of many of these nine tasks they documents, often just to index feel they are now uniquely or classify them. This qualified to undertake. In the document review work can U.K., the answer tends to be now be outsourced to third“two” (strategy and tactics) party providers, in low-cost and in the U.S. the answer is countries such as India, and usually “three” (strategy, delivered to a higher quality tactics and advocacy). I accept for about one-seventh of the that, for these two or three cost. And emerging intelligent tasks, clients will want to search systems allow review to benefit from the counsel of be undertaken at much lower skilled attorneys. But I costs still. We can apply frequently hear from major similar analysis to each of the clients that alternative other tasks in dispute providers can now undertake resolution for which law firms the other tasks at lower cost are no longer uniquely and often with higher quality qualified. Many of these jobs than traditional firms. are repetitive and routine, essentially administrative, and 83

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it is possible now to source them in different ways. This approach can extend beyond litigation to most other areas of legal work. In my book, for example, I chunk up transaction work into a similar list of tasks.

problem here, according to skeptics, is that this closed body of legal specialists may not offer sufficient choice to the consumer. For many years, this has led critics and reformers to claim that the legal profession is a monopoly that cannot be justified and that its practices are And so the basic idea here is anticompetitive. Accordingly, that we can break legal work many have argued for a down into components and change in the laws governing source each part at much who is permitted to offer legal lower cost than in the past. services and from what types Traditionally, when faced with of business vehicles. This is a a legal job, a client had a call for liberalization. straightforward choice perform it internally or hand In England and Wales, it out to an external law firm campaigners' calls were (or perhaps a mixture of the two). The world is moving on, answered in 2004 with the so that new alternative publication of an independent review, generally referred to sources of legal service are now available. I am always at as the Clementi Report. pains to stress that Recognizing and responding outsourcing to India is but to accusations of restrictive one of a whole range of practice in the legal alternative ways of sourcing marketplace, considerable legal work. In Tomorrow's liberalization was Lawyers, I identify 15 ways of recommended. This led to the sourcing legal work, including passing of the Legal Services offshoring, subcontracting, Act 2007, which, for example, leasing, nearshoring and allows the establishment of relocating. The choice new kinds of legal businesses available to clients is called alternative business remarkable, but the structures (ABSs), so that emergence of these alternative nonlawyers can run and own models of sourcing present legal businesses; it permits both a challenge and an external investment, such as opportunity for traditional private equity, to be directed lawyers. If attorneys insist on into legal businesses; and it working as they always have makes it possible for nonlawyers to become done and reject alternative sourcing, then they are likely partners in law firms. to find themselves unable to compete on price with other In October 2011, the new rules providers. But if they came into force, so we are still themselves choose to be the in the early days. Nonetheless, providers of these alternative there has been much activity. services, then there are As of mid-February, 90 ABSs exciting new commercial had been granted licenses and possibilities. However, one many law firms are potential obstacle to this competing in talks with diversification is operating in private equity houses for the a market that has not yet been ÂŁ1 billion that the Royal Bank liberalized. of Scotland has suggested is available for external LIBERALIZATION investment in law firms when they become ABSs. The main justification for Meanwhile, the first granting exclusivity to household brand to be members of the legal granted ABS status was the profession over certain areas Co-operative Legal Services; it of activity for example, has announced its intention to appearing in a courtroom on behalf of another is that it is offer legal services from its in clients' interests that those 330 bank branches in the U.K. and, in so doing, to create who advise them on the law 3,000 new jobs in the legal are suitably trained, sector. knowledgeable and experienced. In the same way as we would not want just These developments are of anyone performing brain immense significance for the surgery on us, then, likewise, legal profession around the we should not wish just world and constitute a very anyone representing us in the notable departure from courtroom. However, a major 84

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traditional legal services. It is important for U.S. lawyers to recognize that not all of the changes have resulted directly from the Legal Services Act, but this legislation and here is the central point rather than the particulars of each initiative is giving rise to a remarkable, entrepreneurial and exciting spirit in the legal market in the U.K. that is without precedent. Crucially, even where there is not liberalization, we are witnessing what I regard as a liberation from the limitations of narrow thinking about the way in which legal services can and should be delivered. No one can know where this might lead. But we can be sure that major change is upon us. Entrepreneurs, investors, major accounting firms and Main Street brands

recognize that the ÂŁ25 billion legal market in the U.K. is not efficient and that there are massive opportunities for the provision of legal services in new, less expensive and more client-friendly ways. These new participants are not wedded to traditional ways of working in law. They do not hold, for instance, that legal work of any kind is best delivered by costly lawyers working in costly buildings in costly city centers. They do not maintain, as so many traditional lawyers still insist, that hourly billing is the best charging model for legal work. They are not inhibited by yesterday's ways of working. They are enthused about the new possibilities, and they are offering clients choices that they simply did not have in

the past.

competitive disadvantage, unable to raise funds required for ambitious new ventures, Many U.S. attorneys dismiss for instance. To pick one idea liber-alization as the that I have canvassed for some idiosyncrasy of a small years that of setting up a number of misguided shared services center to jurisdictions. However, I undertake regulatory predict that when compliance work for a liberalization leads directly to consortium of the world's the development of new legal largest banks. An English firm services that more fully meet could undertake this as a joint the growing â&#x20AC;&#x153;more for lessâ&#x20AC;? venture or could seek external challenge of clients, this will investment in a way that firms have an international ripple in nonliberalized jurisdictions effect. I think it inevitable that could not. when general counsel of major global businesses benefits from or even hear about new There is a bigger point here, forms of far less costly service and it is probably not for a Brit to make but I will anyway. in liberalized regimes, they When I hear of local bar will surely demand similar service in their own countries. associations in the U.S. taking legal action against the Law firms in traditional markets, such as the U.S., may providers of reputable online legal services on the ground of find themselves at a

their unauthorized practice of law, or when I hear that senior general counsel in the U.S. have said that nonlawyers should not be permitted to deliver legal services because only lawyers can achieve the requisite ethics standards required of a legal adviser, or when I hear of opposition to various forms of liberalization on the part of members of the ABA Commission on Ethics 20/20, I want to challenge whether this is about protecting clients or protecting lawyers. I distinguish between professions that behave as jealous guards and those that act like benevolent custodians. From this side of the Atlantic, I fear that many professional legal bodies and some lawyers in the U.S. are veering worryingly toward the first category. We should survive as

lawyers because we have the knowledge and experience to bring value in legal affairs that others cannot, and not because we regulate so that competitors are not allowed in the arena. In any event, I predict that within a decade or so, after intense self-scrutiny, debate and various shifts in direction, most advanced jurisdictions, and many emerging jurisdictions as well, will have liberalized in the manner of England. And even if this does not come about, liberalization in some countries will give rise to liberation in most others.

LEGAL EDUCATION Law schools everywhere, and certainly in the U.S., are currently under fire for taking 85

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on many more law students than there are likely to be law jobs. While this is a worrying issue, my interest in law schools is not in whether they are overselling and contributing to indebtedness and unemployment, but with the relevance and suitability of what these educational organizations actually teach. One key focus of Tomorrow's Lawyers is on whether law schools are preparing law students sufficiently for the legal marketplace of the future. The key question, I submit, is this: What are we training young lawyers to become? Are we teaching the next generation of lawyers to become conventional one-onone, face-to-face, bespoke, consultative specialist advisers who are expert in the substantive law of particular jurisdictions and charge on an hourly basis? Or are we schooling tomorrow's lawyers to be more adaptable, team players, professionals who can transcend traditional legal boundaries, converse naturally in the language of the boardroom and find it natural to embrace techniques of management and technology? My most basic worry is that most law schools and professional training are currently devoted to the former, with no

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acknowledgement of the latter. A more profound worry is that many law professors and educational policymakers are not even aware that there is a second option. My concern, in summary, is that we are training young lawyers to become 20th-century, and not 21st-century, lawyers. I accept that we must carry on equipping tomorrow's lawyers with the knowledge and skills that will enable them to perform to the highest of standards as expert trusted advisers and in-house counsel. But we are neglectful of our students and of tomorrow's clients if we do not extend our training to encompass new disciplines that I argue in the book will be central to the delivery of legal services in the future such as legal risk management, legal project management, legal knowledge engineering and legal process analysis. These may sound alien to most attorneys today, but I believe I make a strong case for their likely importance in years to come. In many, if not most law schools, the teaching of law has changed little since the 1970s, and law professors have little understanding of or interest in the changes that are disrupting the legal market. Little attention is paid in law school to phenomena such as

globalization, commoditization, information technology, business management, risk management, decomposing and alternative sourcing. I am not recommending that we jettison core legal subjects such as tort, contract and constitutional law. Nor am I suggesting that we stop teaching law students about legal method and how to think and work like a lawyer. But we surely must give more thought to how we can better prepare aspiring lawyers for legal work in decades to come. My practical suggestion is that we should offer students in law schools (and at all stages in their education) at least two optional modules or courses. The first would be devoted to the study of current and future trends in legal services, and the second would provide some key 21st-century legal skills that will support law jobs of the future. I do not believe this would be excessively burdensome for law schools. But I do contend that law students can reasonably demand these options of those to whom they are paying substantial fees for what is held out as sufficient and relevant legal education. There is growing evidence of the market for and desirability of a legal profession that extends its boundaries beyond conventional service to new fields such as legal risk

management. I am arguing the case, at this stage, simply for this: That at all stages in their legal education, law students have the option and the opportunity to learn about their future, and of being trained in relevant new skills and disciplines. I do not expect that all members of the ABA will agree with these recommendations or, indeed, with much else that I say in Tomorrow's Lawyers. But if the book encourages more serious analysis and debate about the future of lawyers and the law, then I will have done my job.

Professor Richard Susskind, OBE, is the author of numerous books, including The Future of Law(1996), Transforming the Law (2000), and The End of Lawyers? (2008). His latest is Tomorrow's Lawyers. He is president of the Society for Computers and Law, IT adviser to the Lord Chief Justice of England and chair of the Advisory Board of the Oxford Internet Institute.

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