ESQ Legal Practice MAGAZINE Nov Edition 2021 by ESQ Legal Practice Magazine

CELEBRATING CELEBRATING

YEARS OF GROWTH, RESILIENCE & INNOVATION N1000 $3.85 £3.12 F I N A N C E M A R K E T I N G M A N A G E M E N T T E C H N O L O G Y S P O R T S L I F E S T Y L E

CELEBRATING THE

African w man 12th-13th

of March, 2022

F I N A N C E M A R K E T I N G M A N A G E M E N T

For Enquiries about participation, Sponsorship, Exhibition, or Partnership, Please Call: +234 803 526 9055 +234 813 267 6084 +234 814 940 6124 +234 708 162 7351 womentalityfoundation@gmail.com www.womentalityfoundation.com

T E C H N O L O G Y S P O R T S L I F E S T Y L E

ESQ PRACTICAL LAWYERS ACADEMY INTRODUCES

CLE WEBINAR PLATFORM The CLE Webinar Platform will provide unlimited virtual access for CLE programmes to African Lawyers and their clients. ESQ's mission is its commitment to the development of a robust and comprehensive continuous Legal Education for Lawyers and their clients across Africa.

Mondays & Wednesdays | 1:00pm WAT

Fridays | 11:00am WAT

FOR BOOKINGS AND ENQUIRIES:

Proudly sponsored by

+2348132676084, trainings@esq-law.com

G. ELIAS & CO, ADVOCAAT LAW PRACTICE, BLOOMFIELD, AELEX, GREYCHAPEL LEGAL, AFRICA LAW PRACTICE

Interview

CELEBRATING

P58 |

AFRICA TECH START-UP BOOM IS CREATING OPPORTUNITIES FOR LAW FIRMS

P63 |

HOW TO INCREASE YOUR BRAND VALUE

P68 |

THROUGH HIS CASES PIUS OLAYIWOLA

ADEREMI | P22 |

HOW LAW FIRMS CAN COMPETE WITH ALTERNATIVE LEGAL SERVICE PROVIDERS

CRYPTO CURRENCY MONEY LAUNDERING

IMPLICATIONS IN NIGERIA*

| P30 |

EXPLORE SEYCHELLES ISLAND | P82 |

YOU CAN NOW PUT YOUR LAW FIRM PROFESSIONAL PROFILE ON TWITTER P72 | HOW A LAW FIRM CAN USE INSTAGRAM EFFECTIVELY P87 | THERE IS MORE TO INSTAGRAM THAN JUST ATTORNEY SELFIES P71 |

P88 |

2021MERCEDES BENZ E-CLASS

HOW WOMEN LAWYERS “SHOULD” DRESS | P65 |

COUP AGAINST GOVERNOR'S CONSENT UNDER THE LAND | P75 | USE ACT

DIVERSITY IN LAW SHOULDN'T START & END AT HIRING: | P92 |

oluwatosin

temitayo

Solanke

Samuel

Oluwatosin was called to the Nigerian Bar in 2011 and holds an LL.M Degree in Commercial Law from the University of Cape Town, South Africa. She is the Administrator and Head of Training at ESQ Trainings Limited and also a member of the ESQ Legal Practice Magazine editorial team.

Temitayo's background in ﬁnance and administration makes her an invaluable asset to Esq Trainings Limited. She also holds the position of a community manager. Temitayo is the brain behind some of the company's latest investment. She adds value by assisting lawyers with good ideas on how to translate legal expertise to proﬁtability.

lilian

Allosse Lilian Allosse is the Creative Director at ESQ Training Limited. She loves to bring ideas to life, and is driven by the need to be a major gamechanger globally. She has garnered experience in brand and digital experiences especially print, electronic and digital media. She has expertise in Branding Design and Strategy, Corporate and Personal Branding, Visual Communication, amongst many others. She enjoys Art, Traveling and Fashion.

janet

Nwoke Janet is a seasoned communicator with years of experience in public speaking. Her background in English Language at Obafemi Awolowo University informs her book editing skills. She is multitasking, and this ability makes her ﬁt into opportunities seamlessly. Also, She is the CEO of Royal Impeccable Gallery, the home of beads, auto gele, make up, and dress making.

omobolade

Adigun Omobolade Adigun is a Learning and Development Specialist with a cumulative of 7 years experience with over 3 years experience in Learning and Development. He also has a knack for Business Development. Currently, he is the Business Development Manager at ESQ Trainings Limited.

chidinma

Agu

Chidinma is a seasoned lawyer with the role of research and development at Esq Training Limited. She finished from Obafemi Awolowo University IleIfe, Osun state. She is currently a member of a continuous legal education NGO affiliated to the United Nations Office on Drugs and Crime (UNODC) called the Legal Advocacy in Response to Drugs and related organized crime in Nigeria (LARDI). She has also diversified into the real estate sector of the economy and she believes herself to be a seasoned research development personnel.

ose

Etubu Ose heads the business development team at EsQ. He has over 7 years professional experience in Business Development, Strategic Planning, Marketing & Communications.

ifeoluwa

Ajijola

Head Of Training/ Administration: Tosin Solanke Community/finance Manager: Temitayo Samuel Business Development team Ose Etubu Omobolade Adigun Ifeoluwa Ajijola Research & Communications: Chidinma Agu Human Resource Manager: Janet Nwoke Olurotimi Akeredolu San Gbenga Oyebode Mfr Kayode Sofola San Prof. Mrs. Yinka Omoregbe Dr. Dayo Adaralegbe Lilian Allosse Theophilus Ayeteni Legal Interns: Ademiluyi Opeyemi Ekenedu Chidmma Idowu Akintunde

Ifeoluwa is a Business Development Executive with over 4 years experience in Business Development, Copy writing and Lifestyle management. She excels at creative thinking, Brainstorming and generating innovative ideas that tackles problems related to branding and marketing.

+234 813 267 6084 +234 803 526 9055 esqlegalpracticemag@gmail.com trainings@esq-law.com

Block 58A, Plot 18A, Omorinre Johnson, Lekki Phase 1, Lagos

lere.fashola@esq-law.com

SUCCESSION PLANNING IN LAW FIRMS The process of succession planning for law firms can be a difficult one, but it is critical to have a plan in place in the event of an unexpected occurrence. Whatever the reason, the day will come when you will need to put your succession plan into action; it is preferable to have done so in advance if at all possible.

aw firm succession planning is critical to the long-term success of your legal practice, regardless of where you are in your legal career. However, according to a 2018 Thomson Reuters survey, only 37 percent of law firms had (or were in the process of developing) an official succession plan.

The landscape of the legal industry is rapidly changing due to a number of factors such as: emergence of new

technologies, rising costs of legal fees and more recently, the negative effects of COVID19 on the economy. With these changes in the legal industry, law firms need to adapt and embrace innovation in leadership so as to keep up with the changes.

In this edition, we take a look at new trends in succession with some big law firms in Nigeria. This trend involves the founders or founding partners of these law firms taking a step back and handing over the reigns of leadership to younger lawyers who will continue to steer the course of these law firms.

A number of law firms in Nigeria have recently It can be uncomfortable to employed this innovation in leadership such as: Aluko & consider the scenarios in which a law firm exit strategy Oyebode, Olaniwun Ajayi LP, or succession plan would be G.Elias & Co., Detail required however, it is Commercial Solicitors. This necessary. The unexpected, on evolutionary trend in the other hand, can happen at leadership of these firms has any time. A succession plan been described as innovative provides you with peace of and a breath of fresh air. mind and ensures that your clients are well taken care of in Although, this change in the event of your death or leadership of these firms does incapacitation. Planning ahead not mean the founders cum of time ensures that your founding partners are moving clients are not left in a difficult away from the firms. This situation when it comes to means that the erstwhile their legal needs. leaders of these Firms will be

www.esq-law.com

stepping down from the dayto-day leadership administration of their respective Firms but continue to remain as Partners.

Lere Fashola Esq Legal Practice | 11

THE PETROLEUM INDUSTRY ACT, 2021 WHAT NEXT FOR UPSTREAM PLAYERS?

The newly enacted Petroleum Industry Act, 2021 (PIA) provides for the overhaul of the institutional, regulatory and fiscal framework for Nigeria's petroleum industry. Amongst the key changes introduced by this reform legislation is the new licensing and fiscal regime for upstream operations. However, Oil Prospecting Licences (OPLs) and Oil Mining Leases (OMLs) granted under the Petroleum Act do not automaticallytransition into this new regime.

he PIA allows holders of OPLs and OMLs granted under the Petroleum Act to opt in to the new regime by converting their respective OPLs and OMLs into an appropriate licence or lease to be issued under the PIA. Key considerations for upstream operators at this time in determining whether to exercise the right to opt in are the fiscal framework and the downsizing of the

12 | Esq Legal Practice

licence or lease acreages within their portfolio. There are bound to be trade-offs in deciding whether to opt in to the PIA regime and upstream businesses must at this time evaluate the best course of action totake in respect of each licence or lease they currently operate; perhaps based on the inherent peculiarities of the geological formations within those assets and the best value that can be derived

from exploiting those assets under the erstwhile or the new fiscal regime offered in the PIA. This publication highlights for the benefit of upstream players currently holding interests in OPLs, OMLs, Production Sharing Contracts (PSCs) and Marginal Field assets, the fiscal regime ushered in by the PIA and the streamlined asset retention framework,

to aid their election on whether to opt in to the PIA regime.

THE NEW UPSTREAM LICENCES AND LEASE REGIME The PIA renames the existing licences and lease concessions by replacing 'Oil' with 'Petroleum', such

www.esq-law.com

OPL

that Oil Exploration Licences are now Petroleum Exploration Licences (PEL) while Oil Prospecting Licences are to be known as Petroleum Prospecting Licences (PPL), and Oil Mining Leases are now Petroleum Mining Leases (PML). This change in nomenclature is to better represent the mature statusof gas as a standalone resource and an independent target for

www.esq-law.com

PPL

Maximum Size

1000 square miles (approx. 2590 square kilometres)

Onshore and shallow waters - 350 square kilometres Deep Offshore - 1000 square kilometres Frontier- 1500square kilom etres

Maximum Duration

5 years

Onshore and shallow waters: 6 years (3 years initial period;3 years optional extension ) Deep Offshore and frontier - 10 years (5 years initial period; 5years optional extension

OML

PML

Maximum Size

500 square miles (approx. 2590 square kilometres)

Limited to the commercial discovery to which the PML relates

Maximum Duration

20 years (renewable for further terms)

20 years (renewable for further terms

Table 1: Surface Area Granted

investors. A new national grid system has also been introduced that breaks down the surface areas for concessions into 1 square kilometre units and 1-

hectare subdivisions. The key difference between the outgoing and the new concessions are the sizes. There is a significant

reduction in the overall surface area granted and retained under PPLs and PMLs as against the OPLs and OMLs.

Esq Legal Practice | 13

In effect, a concessionaire could progress from an initial PPL surface area size of 350square kilometres to only a few square kilometres under a PML such that PMLs will now ultimately be reduced to cover only the individual commercial fields being produced The size of the concessions under the PIA are further reduced by a relinquishment regime that reduces the surface areas retained by a PPL or PML holder. For a PPL holder, there are a number of instances where it would have to yield back to the government parts of the surface area of the licence: 1. where it makes a discovery, it is required, within 6 months, to indicate if such discovery merits appraisal or if it is not interested, if the latter, then it may be required to relinquish parcels of the acreage that cover such discovery; 2. after completion of the appraisal, if it does not declare a commercial or significant discovery, then it will relinquish parcels of the acreage that cover such discovery; 3. by the end of the term of the PPL, it will relinquish areas that are not appraisal areas, retention areas, or lease areas; 4. by the end of the 10-year retention period, if it has not declared a commercial discovery

14 | Esq Legal Practice

from the retained significant discovery, then it will relinquish parcels of the retained area; and 5. 2 years after declaring a commercial discovery, if it has not submitted a field development plan and work commitment to the regulator for approval, then it will relinquish parcels of the acreage that cover such commercial discovery. The PML is granted upon approval of a field development plan in respect of each commercial discovery within a PPL. The PML holder must thereafter commence commercial production within 5 years for onshore acreages and 7 years for shallow water, deep offshore and frontier acreages, failing which the lease would be recommended to the Minister of Petroleum Resources for revocation. Also, within 10 years of commencement of the PML, all parcels of the lease that fall outside the boundary of a producing field will be relinquished.

Bite-size Chunks: In effect, a concessionaire could progress from an initial PPL surface area size

of 350square kilometres to only a few square kilometres under a PML such that PMLs will now ultimately be reduced to cover only the individual commercial fields being produced. It would therefore seem that the objective of the PIA is to deter asset owners from holding on unproductively to huge tracts of lease areas as in the large parcels (1,295 square miles) held under the out going regime.

NEW FISCAL REGIME: TAXES AND ROYALTIES New, renewed or converted licences and leases will no longer be subject to 85% Petroleum Profit Tax on petroleum extractive operations. Instead, they will be taxed under the new regime by a combination of the new Hydrocarbon Tax at 30% for PMLs / 15% for PPLs and the general Companies Income Tax at 30% (20% for companies with a turnover of between N25 million to N100 million).

Hydrocarbon Tax The new Hydrocarbon Tax (HT) is directly levied on income generated from petroleum produced from on shore and shallow water fields and applies

specifically to only crude oil, condensates and liquid NGLs produced from upstream oil fields. It does not apply to production of natural gas, NGLs or condensates produced from non associated gas wells or processing plants, as well as any petroleum production from frontier or deep offshore acreages which are charged under the Companies Income Tax Act (CITA). The Hydrocarbon Tax regime introduces a reasonability standard for determining deductible expenses in arriving at the adjusted profits of taxable company. The typical expenses that qualify for deduction include royalties, contributions to decommissioning, host community, environmental remediation and NDDC funds etc. The nondeductible items are, however, more stringent than before: gas flare penalties, litigation and arbitration costs, bad debts / interest on borrowings, asset acquisition costs / bonuses / consent fees, etc. Changes to the Capital Allowances Regime During the pre-production period, 100% of the expenditure on exploration and the first two appraisal wells would be treated as deductible costs for the first year of production, while additional expenditure on exploration and appraisal on

www.esq-law.com

the same field would be amortised and deducted under annual allowances, equally over a 5-year period, with a 1% retention in the final year (19%). The PIA clarifies that the titleholder: licence or leaseholder, is the party that benefits from qualifying expenditure and capital allowances. Capital allowances are only applicable to compute HT and not regulate cost recovery under PSCs. New Production Allowances Production allowances have been introduced to replace investment tax allowances and investment tax credits, which along with the capital allowances will be deducted from the tax base in determining the chargeable profits. New Cost Price Limit Under the HT regime the ratio of costs to the gross revenue is capped at 65%, similar to the way PSC cost oil caps currently operate. Thus, the combination of the allowable deductions and allowances in the computation of chargeable profits, must all fall within the 65% cost price ceiling. Costs in excess of this ceiling can be rolled over and recovered in the following year. This ceiling will not apply to deductions for rents, royalties and contributions to certain funds (host community, environmental remediation, NDDC, etc.).

www.esq-law.com

Renewed & Converted OMLs

New PMLs issued after the PIA

The lower of $2.50 per barrel or 20% of the oil price

Onshore terrain: lower of – $8 per barrel or 20% of oil price up to a cumulative production of 50m barrels $4 per barrel or 20% of oil price above 100m barrels Shallow water terrain: lower of – $8 per barrel or 20% of oil price up to a cumulative production of 100m barrels $4 per barrel or 20% of oil price above 100m barrels Deep water and frontier terrain, the lower of – $8 per barrel or 20% of oil price up to a cumulative production of 500m barrels $4 per barrel or 20% of oil price above 500m barrels

Table 2: Production Allowances

The PIA clarifies that the titleholder: licence or leaseholder, is the party that benefits from qualifying expenditure and capital allowances Consolidation of Costs and Taxes Costs and taxes for upstream petroleum operations related to crude oil can be consolidated across several acreages/terrains for purposes of computing HT, provided that those for PMLs are separated from those for PPLs. A PSC contractor under a PSC contract issued under the PIA, is however allowed to consolidate its losses and revenues across PPLs and PMLs.

Companies Income Tax Companies Income Tax (CIT) now applies to upstream crude oil production operations, and it applies in addition to HT. Thus, both taxes combined makes up a 60% tax rate on crude oil operations for PMLs and 45% for PPLs. CIT also applies to all other upstream petroleum operations (across all terrains), as well as midstream and downstream petroleum operations. However, separate companies must be used to undertake business in each

segment of the value chain, i.e., upstream, midstream and downstream. This is to prevent cross-subsidies and avoid entry barriers for single segment businesses. However, integrated strategic projects traversing all the segments are permitted, and capital investments in the midstream infrastructure can be consolidated with upstream operations for the purposes of the tax, provided that the same capital investments are not used to claim capital allowances in the midstream

Companies Income Tax (CIT) now applies to upstream crude oil production operations, and it applies in addition to HT. Thus, both taxes combined makes up a 60% tax rate on crude oil operations for PMLs and 45% for PPLs

Esq Legal Practice | 15

company and arms-length prices apply to the transfer of hydrocarbons from the upstream to the midstream business. CIT Deductions and Allowances The capital allowances for upstream operations are the same for both the HT and CIT, while capital allowances for midstream and downstream operations will align with the regular CIT regime. A company engaged in upstream petroleum operations across different acreages/terrains held under PPLs and PMLs are allowed to consolidate costs for the purpose of computing CIT. Deductions for royalties and contributions to the funds under the PIA will also qualify as deductible costs in the determining adjusted profits for CIT computation. Gas flare penalties, signature and production bonuses, renewal and consent fees are also not deductible in computing CIT. CIT Incentives The S.39 CITA tax incentives apply to all companies engaged in domestic midstream, petroleum operations, downstream gas operations and large-scale gas utilisation industries. In order to address the dearth of gas infrastructure in the country, gas pipeline companies are entitled to an additional 5- year tax holiday at the end of the 5-

16 | Esq Legal Practice

A company engaged in upstream petroleum operations across different acreages/terrains held under PPLs and PMLs are allowed to consolidate costs for the purpose of computing CIT year tax holiday granted under the CITA. In effect, a very attractive10-year tax holiday is offered by the PIA for investment in gas pipelines.

WHAT HAPPENS IF YOU OPT IN?

Royalties The PIA also introduces changes to the royalty rates. These changes are highlighted in Tables below.

OML holders who elect to convert may be required to relinquish up to 60% of the OML area and retain40% on the conversion date. Such holders will be required to

Relinquishment of Part of the Licence of Lease Area; Possible Downgrade from OML to PPL

Old Production Royalties

New PIA Production Royalties

Crude Oil and Condensates Onshore - 20% Offshore 0 – 100m water depth - 18.5% Offshore 100 – 200m water depth - 16.5% Offshore above 200m water depth- 10% Frontier / Inland Basins - 7.5%

Onshore 0 - 200m water depth (Shallow Offshore) Above 200m water depth (Deep Offshore) Frontier Basins

- 15% - 12.5% - 7.5% - 7.5%

*Where production in Deep Offshore Fields is < 50,000 bopd **Where production in Onshore, Shallow Offshore, Frontier and Marginal Fields is < 10,000 bopd

- 5%

5% for the ﬁrst 5,000 bopd 7.5% for volumes above 5,00 bopd

Gas and NGLs Onshore - 7% Offshore - 5%

Irrespective of the terrain gas is produced - 5% Where the gas is utilised in-country - 2.5% Table 3: Changes to the Existing Production and Terrain Based Royalties

Relinquishment of Part of the Licence of Lease Area; Possible Downgrade from OML to PPL OML holders who elect to convert may be required to relinquish up to 60% of the OML area and retain40% on the conversion date

www.esq-law.com

Old Price Based Royalties

NEW PIA Price Based Royalties

Crude Oil and Condensates (prices per barrel) $0 to $20 $20 to $60 $60 to $100 $100 to $150 Above $150

- 0% - 2.5% - 4% - 8% - 10%

Applies to Onshore, Shallow Water and Deep Offshore production but not to production from Frontier terrains Below $50 At $100 Above $150

- 0% - 5% - 10%

Where the price is in between $50 to $100 and $100 to $150, the royalty rate shall be derived by linear interp Table 4: Changes to Price Based Royalties

select areas or zones within the OML that fall within these categories: Areas, which in the opinion of the holder, merit appraisal and for which the holder is prepared top resent an appraisal programme. Areas in respect of which the holder is prepared to make a declaration of a commercial discovery

www.esq-law.com

and submit a field development plan. Areas in respect of which the holder is prepared to make a declaration of a significant gas discovery or significant crude oil discovery and submit an application for approval of a retention area. Areas in respect of which field development is

underway after having declared a commercial discovery or made a final investment decision to develop the field. Areas in respect of which regular commercial production is ongoing. An OML holder will be awarded PMLs only for areas in respect of which field development is

underway or regular commercial production is ongoing; while a PPL will be awarded for areas falling within the other categories listed above. Where the total acreage of the areas or zones designated is less than 40% of the OML area, the holder may select additional areas to make up the 40% to be retained and be awarded a PPL that includes such additional areas. Where the total acreage is more than 40%, the holder will be entitled to keep such larger areas, albeit consisting solely of the selected areas. All other areas or zones within the OML that are not selected by the holder shall be relinquished on the conversion date. Similarly, an OPL holder who elects to convert would be required to designate

Esq Legal Practice | 17

While the PIA does not provide details as to the form or structure of a conversion contract, it provides that the contract will contain provisions which require the holder of the OML or OPL to discontinue all outstanding arbitration or court cases related to the OPL or OML. zones and areas within the OPL area that fall within the categories listed above. Such OPL holders will be awarded PMLs for areas where field development is underway and in respect of which regular commercial production is ongoing and a PPL for all other appraisal areas, retention areas and any outstanding areas in the OPL. It would therefore appear that there is no mandatory relinquishment requirement for OPL to PPL conversions; however, the unexpired term of the OPL will apply to the converted PPL. The maximum duration of converted PPLs that emerge from an OML would either be 5 years or 10 years depending on the terrain. In either case, mandatory relinquishment applicable to PPLs would

18 | Esq Legal Practice

apply.

Other Implications of Opting In While the PIA does not provide details as to the form or structure of a conversion contract, it provides that the contract will contain provisions which require the holder of the OML or OPL to discontinue all outstanding arbitration or court cases related to the OPL or OML. It further provides that stabilisation provisions and guarantees provided by the Nigerian National Petroleum Corporation (NNPC) in respect of the OPL and OML shall become null and void and that the incentives provided in sections 11 and 12 of the Petroleum Profits Tax Act shall no longer apply.

How Do You Opt In? OPL and OML holders who intend to opt in must enter into a 'voluntary conversion contract' (presumably with the Federal Government). Section 92(2) of the PIA provides that a licensee of lessee under a conversion contract shall benefit from the PIA fiscal regime where such licensee or lessee complies with the provisions of the Act. There is a defined window within which the right to opt in may be exercised. Section 92(4) requires voluntary conversion contracts to conclude by the “conversion date”, which is described as the earlier of 18months from the commencement of the Act or date of expiration of the OML or conversion of conversion of the OPL to an OML.

WHAT HAPPENS IF YOU DO NOT OPT IN? OPLs/OMLs The provisions of the PIA, including the fiscal regime discussed above will not apply to holders of OPLs and OMLs who elect to not enter into a conversion contract. In that event, the Petroleum Act, Petroleum Profits Tax Act, Oil Pipelines Act (and any subsidiary legislation in so far as it is consistent with the Act), Deep Offshore and Inland Basin Production Sharing Contract Act (as amended) and any other law or regulation as a consistent with section 92(6) will continue to apply to such OPLs and OMLs. However, renewals of such OPLs and OMLs shall be based on the PIA. Sole Risk Concessionaires An exception however applies to OPLs and OMLs awarded to indigenous Nigerian companies on a

www.esq-law.com

sole risk basis under the Petroleum Act in respect of which the Government has successfully exercised its back-in rights prior to the commencement of the PIA. Such sole risk concessionaires will benefit from a royalty rate of 0% per field for a period of 5 years from the date of commencement of field production including all relevant accounting periods prior to the commencement of the PIA. Following this 5year period, the new production and price-based royalty rates stipulated in the PIA shall apply.

PSCs Under Renegotiations For PSCs that are currently being renegotiated with NNPC (Renegotiated PSCs), such PSCs must be signed within one year of the commencement of the PIA otherwise they will be deemed to fully conform to the new regime introduced by the PIA. These Renegotiated PSCs will not feature any investment tax credits (unless carried over as part of the renegotiation) but will feature a cost oil limit of not more than 60% of total oil production and at least a 55% haircut on any existing disputed amounts. Furthermore, the cumulative production for the purpose of determining profit oil shall be based on the rationalised production areas stipulated under the new acreage management system. If signed with the one-year limit, the old regime will apply to the new term of these Renegotiated PSCs, except that the new acreage management system under the PIA will apply to the underlying lease.

Marginal Fields Marginal Fields Producing Petroleum The outgoing royalty rates and farmout agreement structure will apply to marginal fields that have attained commercial production, for another 18 months before they would be required to convert to a PML under the PIA regime. The fiscal terms for these converted fields will be HT at 15% and CIT at 30%. Marginal Fields Not Yet Producing Petroleum Non – producing fields located within OMLs that have already been declared by the government to be Marginal Fields before January 1, 2021, and have been handed over to the government would be converted to PPLs and benefit from the new PIA fiscal regime. This would be the case for the current marginal fields being awarded under the 2020 Marginal Field Bid Rounds.

For undeclared marginal fields, i.e., fields undeveloped for 7 years after discovery that have not been transferred back to the government, the holder of any OML where they are located have 3 more years to do any of the following: 1. present appropriate field development plans and proceed to achieve commercial production from the field; 2. carve out and farmout these fields to third parties on terms approved by the Commission; or 3. relinquish the field to the government. The PIA brings an end to the marginal field regime and transforms these fields into substantive PMLs or PPLs within the next 18 months, except for new marginal fields that are farmed out privately by the OML holders that elect not convert.

Production Sharing Contracts Unexpired PSCs Subsisting PSCs and their underlying OMLs or OPLs will be unaffected by the passage into law of the PIA, until they come up for renewal /conversion, where upon all the fiscal terms of the PIA will apply to them.

www.esq-law.com

Jumoke Fajemirokun

Pacer Guobadia

Partner fajemirokun@enradvisory.com

Partner guobadia@enradvisory.com

ENR Advisory South Atlantic Petroleum Towers, 3rd Floor 1 Adeola Odeku Street Victoria Island Lagos Nigeria +234 (1) 7004630 – 5 enr@enradvisory.com www.enradvisory.com

Esq Legal Practice | 19

HOW TO TRANSITION FROM SMALL TO BIG FIRM Transitioning from a small to a large firm is almost always unavoidable in a lawyer's career, yet it can be extremely challenging and daunting. Moving from a small firm to a large firm is a very different experience, and if a legal practitioner isn't prepared, the transition can be challenging

n attorney must consider numerous variables when making this step. With this adjustment, what does the attorney want to achieve? What should they do and when should they do it? What about the period following the transition? And how can technology assist a lawyer in making this transition?

WHAT TO BE ON THE LOOKOUT FOR IN LARGE AND SMALL FIRMS While it is erroneous to make broad generalizations regarding large and small businesses, there are several distinctions that hold true.

The Pros and Cons of Big Firms First and foremost, the biggest benefit of working for a big firm is that it will typically pay you more than

20 | Esq Legal Practice

a small firm. Big Law can afford to pay higher attorney pay because large institutional clients send in large amounts of work for high billable rates. Large companies also have additional support staff, technology, and other attorneys with whom to share workloads and obligations. Any administrative or support work will most likely be handled by a team of paralegals or secretaries. And, with numerous attorneys working on a variety of situations, it's less likely that a single attorney will be left to "go it alone" on a challenging case. Large firms' work is frequently more complicated as well. Many clients will want the additional resources and perceived competence of a larger firm for complex and high-value litigation or transactions.

How about Small Firms? Small firms have less hierarchy and organization than large firms, which can be beneficial to attorneys on both sides. Younger lawyers will have more "hands-on" experience, such as depositions, client meetings, and trial experience, with less document reading. Some lawyers will thrive in this setting, but there is a higher risk of serious errors. Small businesses may also provide attorneys with better opportunity to establish their own books of business and a positive reputation in the legal community. Client development may be challenging for a large-firm attorney because many of the partners already have established clients who just require attorneys to complete the work. Smallfirm lawyers are also more

likely than Big Law lawyers to have direct contact with current partners, allowing for the development of stronger professional connections.

WHEN SHOULD YOU MAKE THE CHANGE FROM LARGE TO SMALL OR THE OTHER WAY AROUND? Another challenge is the transition's timing. The timing of the small-to-large shift will frequently be a matter of chance. Because landing positions at major firms is often more challenging, attorneys who are committed to making the switch may simply need to seize the opportunity when it arrives. However, what about the opposite side of the coin? A Big Law practitioner with a customer base willing to transfer firms with them may be approached by a smaller firm with an appealing offer.

www.esq-law.com

Another challenge is the transition's timing. The timing of the small-to-large shift will frequently be a matter of chance. Because landing positions at major firms is often more challenging, attorneys who are committed to making the switch may simply need to seize the opportunity when it arrives

Another possibility is that a partner with whom the attorney works moves to a smaller firm. Clients and attorneys are frequently brought along by these partners. When making the transition from Big Law to Small Law, an attorney should decide if they want to return to Big Law in the future. Big Law attorneys function as an elite club, based on excellent academic credentials and the expectation that you would work long hours on a regular basis. When an attorney leaves the Big Law club, there is a risk of prejudice against them when they want to re-enter.

For the transition and posttransition periods, best practices should be followed.

www.esq-law.com

Attorneys from both large and small firms must select how they will conduct their job hunt in order to make the transfer. Will you keep your job hunt private or public? There are numerous potential negative outcomes if the lawyer makes their plans public. These include being asked to leave before you are ready, being assigned less desirable work duties, or feeling compelled to stay despite your objections. However, there may be certain benefits to not concealing your job search. This may increase the chances of leaving the company on good terms. The lawyer might be able to solicit the assistance of colleagues who can provide information or contacts. Keeping a job hunt private comes with its own set of challenges. Maintaining deceptions can be

uncomfortable, and there's always the risk of the corporation finding your true goals. Once at the new firm, the attorney must remember their long-term objectives. If the former Big Law attorney feels he might want to return to the practice, he could try creating a portable book of business and operating in a niche field where large businesses may require assistance. A former smallfirm attorney, on the other hand, may desire to return to a small firm, so they must preserve their areas of specialization and client relationships.

Scaling up or down in your legal profession with the help of technology.

where they work over the course of their careers. These transfers can be made easier if you know how to use legal technology. In order to handle timeconsuming administrative chores like court filings and document management, small businesses are increasingly requiring the same technological capabilities as larger businesses. Smaller businesses, in fact, can benefit from technology even more than larger businesses. When you're working with a small team and limited resources, the ability to automate workflows and streamline operations is crucial. Large companies, on the other hand, may already

Many attorneys will need to scale "up" or "down" in terms of the size of the firm

Esq Legal Practice | 21

THROUGH HIS CASES PIUS OLAYIWOLA

ADEREMI

Aderemi's long adventure at the bench, from the High Court to the pristine bench of the Supreme Court of Nigeria, is most conveniently accounted for through his notable pronouncements in the wide array of cases decided by him on various subjects. To attempt an exhaustive review of these cases is to take a derisory look at the erudition of a judge who has administered justice in a manner so impactful on our corpus juris.

deremi's judgments embody legal principles too compelling to be compressed into a biographical piece. Yet, his analysis of the law is refreshingly uncomplicated. This becomes clear from a general review of his selected judgments on varying subjects both at the Court of Appeal and the Supreme Court.

ON CONSTITUTIONALISM In the whole gamut of what judges do, nothing is

22 | Esq Legal Practice

possibly as tasking as the task of constitutional interpretation. This practical difficulty is not a result of a judge's ignorance of the ordinary meaning ascribable to the letters of the constitution. Both the learned and the lay would effortlessly glean the meaning of a sentence at first glance. The higher challenge of a judge to give the sacred letters of the constitution a meaning that best serve the interest of justice and the underlying objective of the constitution

makes constitutional interpretation a arduous challenge. Interestingly however, the challenge is heightened at moments of constitutional crisis when political sensation and expediency threaten a just construction of law. As a Judge, Aderemi J.S.C contributed immensely to the understanding of the Nigerian constitutional jurisprudence, especially in the trying moments of the 1999 Constitution. Aderemi would not allow political sensation to impair a just

constitutional construction. Dapialong & 5 Ors v. Dariye & Anor [2007] 4 S.C pt. 111 is a case on point. The appeal was against the judgment of the Court of Appeal nullifying the removal of the Joshua Dariye as Governor of Plateau State by the State House of Assembly. The facts are that Plateau State House of Assembly has 24 members. Between 25th and 26th July, 2006, 14 members out of the 24 members of the House (including the

www.esq-law.com

Speaker and Deputy Speaker) cross carpeted from the Peoples Democratic Party (PDP) under whose platform they were elected to the House in 2003 to Advance Congress Democrats (ACD). Thereafter, impeachment process of the 1st Respondent (Chief Dariye) commenced on the 5th October, 2006 with a Notice of Allegation of gross misconduct served on him whilst the House had only 10 members, 14 members having crosscarpeted. The Notice of Allegation of gross misconduct was signed by 8 out of 10 remaining members of the House. Whilst the impeachment process lasted, 8 out of the 10 members supported and voted in favour of all the processes of Dariye's impeachment.

www.esq-law.com

Esq Legal Practice | 23

24 | Esq Legal Practice

www.esq-law.com

It is the duty of the judex to expound what the law is and we should loyally follow the doctrine of stare decisis. Our problems as Judges should and must not be to consider what social and political problems do today require; that is to confuse the task of a judge with the task of a legislator. Dariye instituted an action to challenge his impeachment. The impeachment was upturned by both the trial Court and the Court of Appeal. On further appeal to the Supreme Court, one of the major questions posed for determination was whether the removal or impeachment of the 1st Respondent, Chief Joshua Chibi Dariye by 8 out of 10 members of the Plateau State House of Assembly, at the relevant time, satisfy the requirement of Section 188 of the Constitution of the Federal Republic of Nigeria 1999, 14 members of the House of Assembly having vacated their seats by operation of law. Aderemi J.S.C commended a standard approach to the apex Court in its review as follows: It is the duty of the judex to expound what the law is and we should loyally follow the doctrine of stare decisis. Our problems as Judges should and must not be to consider what social and political problems do today require; that is to confuse the task of a judge with the task of a legislator. More often than not, the law, as passed by the legislators, has produced a result which does not accord with the requirements of today. Let that defective be put right by legislations but we must not expect the judex, in addition to all his other problems, to act as Lord Mansfield did, and

www.esq-law.com

decide what the law ought to be. In my humble view, he (the judex) is far better employed if he puts himself to the much simpler task of deciding what the law is Based on this philosophical conviction on the interpretative role of a judge, Aderemi J.S.C flawlessly held as follows: The impeachment or removal of a Governor or Deputy Governor is a very serious business. Certainly, it cannot be the intendment of the framers of the Constitution that the decision to impeach or remove anyone holding that high office should be left in the hands of very negligible few as 8 (eight) members as it has been argued. The provision of the Constitution must be interpreted in a just and holistic manner. A recourse to the provisions of Section 96 (1) clearly brings out the intention of the framers of the Constitution; it provides: “The quorum of a House of Assembly shall be one third of all the members of the House.” When the above provisions of the Constitution are read, the only conclusion I can reach and which I reach is that the legislators intend that the lawful quorum of the House. But in Section 188 (4) of the Constitution which deals with impeachment of a Governor, the quorum that can lawfully pass a motion initiating the process is two-

thirds majority of all the members of the House of Assembly. Section 188 specifically contains the provisions dealing with the removal of Governor or Deputy Governor from office. As I have said earlier, the removal of a Governor or Deputy Governor from office is a very grave issue; it has import of criminality and little wonder that sub-section (4) thereof stipulates that the motion calling for investigation of the allegation must be supported by not less than two-thirds majority of all the members of the House of Assembly. It is only in Section 188 (4) that twothirds majority of all members of the House is made mandatory, unlike Section 96 (1) supra which stipulates one-third as the quorum. The very familiar and popular canon of interpretation of provisions of the Constitution when faced with a situation like in Sections 188(4) and 96(1); even 102 is that; “the express mention of one thing is the exclusion of another” The Latin Maxim is “Expressio Unius Personae Vel Rei, Est Exclusio Alterius” Put in another way: “where there is express mention of certain things then anything not mentioned is excluded. Again the Latin Maxim is “Expression Facit Cessare Tactitum”….Following the principles enunciated supra, it is my view that two-thirds of a House of Assembly like Plateau whose membership is

Esq Legal Practice | 25

twenty-four; the minimum number of members that can grant the application to investigate the alleged gross misdeeds of the 1st Respondent (Dariye) is 16 (sixteen) going by the provision of Section 188 (4). Eight (8) certainly is not two-thirds of 24. By upturning Dariye's impeachment, Aderemi J.S.C would not appear to have given the embattled Governor a clean-slate on numerous allegations of misconducts on which the House of Assembly purportedly found its impeachment proceeding. Hence, he remarked:

Respondent as contained in the records, are despicable to the highest degree. If proved in accordance with the laws of our land, by the cardinal principle of morality, justice and democratic government that an offender guilty of crime should be sentenced by the Court to such penalty as his crime merits, the 1st Respondent must not be allowed to run away from justice. But before this can be done, due process of law must be follo

I shall end this discourse by saying that the allegations leveled against the 1st

By upturning Dariye's impeachment, Aderemi J.S.C would not appear to have given the embattled Governor a clean-slate on numerous allegations of misconducts on which the House of Assembly purportedly found its impeachment proceeding.

26 | Esq Legal Practice

www.esq-law.com

wed from the beginning to the end. An act may be morally reprehensible unless there is a law properly enacted which makes that act punishable and goes ahead to prescribe the punishment for it, a judge, indeed, any court of law is hamstrung to sentence and punish the perpetrator” Dariye's case followed the plethora of Supreme Court judgments in the gale of impeachments that almost total eroded the nation's democracy.

www.esq-law.com

Aderemi J.S.C is consistent in his approach to constitutional interpretation and this is clear from the long line of high profile constitutional matters he decided. In Ladoja v. INEC [2007] 12 NWLR pt 1047 pages 189, the recondite question for determination by the Supreme Court was whether having regard to the provision of Section 180 of the Constitution of the Federal Republic of Nigeria (which relates to the tenure of office of a Governor of a state) and the judgment of the Supreme Court in Suit NO. SC/272/2006 nullifying the purported removal of the Plaintiff from office as Governor of Oyo State, the period of eleven months for which the Governor was illegally removed from office forms part of his four year tenure as Governor. The Appellant was elected as the Governor of Oyo State in the general election of 19th April, 2003. He took his oath of allegiance and oath of office as the Governor of Oyo State on the 29th May, 2003. By the 1999 Constitution he was to spend a four-year term in office calculated from the May 29th May, 2003, the date of swearing-in. Sometimes in 2005, in the political maneuvering of Oyo State, a faction of the House of Assembly loyal to the deceased controversial politician, Lamidi Adedibu removed him from office by a purported impeachment and he was replaced by the

Deputy Governor. He later challenged the impeachment as unconstitutional and he was reinstated to the office as Governor. In the meantime, he had been kept out of office for a period of eleven months. After the Supreme Court judgment reinstating him to office as Governor, he brought an action at the Federal High Court, Abuja claiming that the period of eleven months does not form part of his tenure. Aderemi J.S.C prefaced his concurring judgment as follows: The power of interpretation is lodged in the judex. In exercising this interpretative jurisdiction, the judex must draw his inspiration from consecrated principles. What are these principles? They are: where the words used in couching the provisions of a statute or sections of the Constitution are clear and unambiguous, a judex must accord such words used, their ordinary and grammatical meanings without any colourations. More often than not, courts are always enjoined in the course of exercising their interpretative jurisdiction, to find out the intention of the legislators. But there is no magical wand in the advice. The intention of the legislators or put bluntly, the intention of our National Assembly at the Federal level or the State House of Assembly at the State level is to be found in no other place other than words used by the legislators

in framing the provisions of the constitution. Occasionally, the law passed by the legislators may not meet the modern day requirements, it may be defective. Let that defect be put right by the legislators. A judge is far better employed if he puts himself to the much singular task of deciding what the law is. In the final analysis, he held: I have again carefully read the aforesaid provisions of the Constitution; the word “uninterrupted” was not used to qualify the four year tenure to which the Plaintiff/Appellant was entitled as Governor of Oyo State. It is a firm canon of interpretation of the provisions of a statute or the Constitution that words not used by the legislators must not be imported into the wordings of the provisions by a “judex”. Law making in the strict sense of that term, is not the function of the judiciary but that of the legislature. To accede to the prayer of the Plaintiff/Appellant and read the word uninterrupted into the provision of the Constitution, now under consideration will be for the judicial arm of the government to engage in an unwelcome trespass into the territory of the legislative arm of the government. I am quite conscious of the fact that occasionally laws passed by the legislators do not accord with the wishes of the

Esq Legal Practice | 27

people or may not meet with the requirements of the time. Let that defective law or law that does not meet with the aspirations of the citizens be put right by the legislators. Even if there was no impeachment and a Governor had run his tenure smoothly, for the period he may be on leave during the tenure of his office, the Deputy Governor must have to stand in for him. That is a form of interruption which the constitution does not take cognizance of…Taking an overall view of the facts of this case, it is my considered view that the interest of justice will never be served by the grant of the declaratory and injunctive reliefs as they relate to the elongation of the tenure of the office of the appellant as Governor of Oyo State beyond the 29th of May, 2007. It is unlikely that a Judge of Lord Denning's persuasion would have adopted Aderemi's classical approach to statutory construction. Aderemi would seem very much of Lord Simonds' school of thought. Magor and St Mellons v Newport Borough Council (1952) HL is one of the numerous cases foregrounding this ideological distinction. In Magor, Lord Denning, in positing that the application of literal rule in statutory interpretation may frustrate the very essence of the statute remarked:

28 | Esq Legal Practice

'We do not sit here to pull the language of Parliament to pieces and make nonsense of it. We sit here to find out the intention of Parliament and carry it out and we do this better by filling in the gaps and making sense of the enactment than by opening it up to destructive analysis' On appeal to the House of Lords, Denning's approach was considered by Lord Simonds as: 'a naked usurpation of the legislative function under the thin guise of interpretation…if a gap is disclosed the remedy lies in

an amending Act'. This is not in any way different from the Aderemi's standard approach in many cases and creditably, the approach has proven the safest path to tread when political intrigues and uncertainties attend the course of statutory construction. His leading judgment in the celebrated case of Peter Obi v. INEC [2007] 11 NWLR pt. 1045 616 is a good example in this regard. Peter Obi contested the governorship seat for Anambra State in the April 2003 general election and lost to Dr. Ngige who was

declared by INEC as the winner and sworn-in as Governor. Obi contested the declaration of Ngige as winner of the election. The Election Tribunal found in his favour. He was eventually sworn in as Governor of Anambra State. The dispute of this case arose at the point when INEC as the statutory electoral agency was preparing for another general election, including election into the Anambra Governorship seat. Peter Obi, considering this as a disruption of his tenure commenced an action against INEC. The central

www.esq-law.com

question for determination was whether having regard to Section 180 (2) (a) of the 1999 Constitution, the tenure of office of a Governor first elected as Governor begins to run when he took the oath of allegiance and oaths of office. The Supreme Court per Aderemi J.S.C held as follows: The Appellant has argued that as a person first elected as Governor of Anambra State, he took his oath of allegiance and oath of office on the 17th March, 2006 and that his four-year term would continue to run from that date. By mathematical calculation, it will end on the 17th of March, 2010, it was further argued. The submission was countered by his opponents who submitted that while conceding that he won his election case against Dr. Chris Ngige, the former Governor of Anambra State who was unlawfully sworn in as Governor of that state on the 29th May, 2003, his four-year term must start to run from the date Dr. Ngige was sworn in. The argument of the Respondents here is very tenuous. When the verdict of the Court of Appeal (Enugu Division) declaring the present Appellant as the rightful person to have been declared having won the gubernatorial election of April 2003, was handed down, the effect is that the return of Dr. Chris Ngige as the person who won the election was null and void

www.esq-law.com

: But for Justices of Aderemi's courage and intellectual uprightness, the political anxiety and recklessness of year 2007 would have ruined the nation's hardearned democracy. 2007 was a year that the masses of Nigerian people looked up to the judiciary like never before. and of no legal consequence. So, Ngige's oath taking at that time cannot be a point of reference for calculating the four-year term of the Appellant. Ngige was and cannot be a person first elected as Governor under this Constitution; his election having been declared null and void. It was after the judgment of the Court of Appeal on the 16th of March, 2006, and by force of law, that the Appellant (Peter Obi) took his oath of allegiance and oath of office on the 17th of March, 2006. Applying the provisions of Section 180 (2) of the Constitution to facts of this case, which are in dispute, the four-year term of office of Peter Obi, as Governor of Anambra State would start running from the 17th March, 2006 only to terminate on the 17th March, 2010. To interpret the provisions of Section 180 (2) (a) otherwise will be to read into that sub-section what the legislators never intended. The duty of a judex is to expound the law and not to expand it. It was argued that if Section 180 (2) (a) is accorded the interpretation I have given it, it would truncate the election timetable in this country. I do not buy that argument. In

the first place, there is nothing in our 1999 Constitution which says all elections into political offices in this country at the Federal and State levels, should be held at the same time. If there was a provision to that effect, that would negate the concept of federalism which we have freely chosen to practice. In his characteristic approach to constitutional interpretation, Aderemi J.S.C held: In the second place, a Judge has a standing and binding duty to do no more than to accord a very clear provision of Section 180 (2) (a) of the 1999 Constitution under discussion, their ordinary, natural and grammatical meanings. I hold the strong view that “law making” in the strict sense of that term, is not the function of the judiciary but that of the legislature. Let there be no incursion by one arm of the government into that of the other. That will be invidious trespass. Let me point out that no Constitution fashioned by the people, through their elected representatives for themselves, is ever perfect in the sense that it provides a clear-cut and/or permanent

or everlasting solution to all societal problems that may rear their heads from time to time. As society grows up or develops, so also must its constitution, written or unwritten. Our problems as Judges should not and must not be to consider what social or political problems of today require; that is to confuse the task of a Judge with that of a legislator” But for Justices of Aderemi's courage and intellectual uprightness, the political anxiety and recklessness of year 2007 would have ruined the nation's hardearned democracy. 2007 was a year that the masses of Nigerian people looked up to the judiciary like never before. It was the year of a general election and the rat race to the seat of power had become so stiff that political gladiators deployed all means to get to power without regards to morality and the laws of the land. It was a trying period for the much-faulted Constitution of the Federal Republic of Nigeria 1999. This is evident in heated constitutional disputes like the groundbreaking case of Amaechi v. INEC & 2 Ors (2008) 1 S.C (pt. 1).

Esq Legal Practice | 29

CRYPTO CURRENCY MONEY LAUNDERING IMPLICATIONS IN NIGERIA* With the bandwagon of cryptocurrency users in Nigeria and the recent regulatory brouhaha surrounding the same, it is desirable to consider the money laundering (ML) implications of cryptocurrency transactions in Nigeria. Due to their decentralization and relative privacy, cryptocurrencies are expedient instruments for money laundering – the offence of concealment of illegal wealth by moving it.

he pertinent question is – if an act that would ordinarily amount to ML if committed using legal tender is committed using cryptocurrency, could the actor be criminally liable under the present antimoney laundering (AML) regime in Nigeria? It will appear that the answer is “yes” under the current law, but both the current law and the machinery of law enforcement are in need of

* 1 2.

reform and refinement.

UNDERSTANDING CRYPTOCURRENCY AND ML According to the Financial Action Task Force (FATF)1, cryptocurrency is 'a mathbased, decentralized convertible virtual currency that is protected by cryptography'.2 FATF defines 'virtual currency' as a “digital representation of value that can be digitally traded and functions as: (a) a medium of exchange;

and/or (b) a unit of account; and/or (c) a store of value, but does not have legal tender status in any jurisdiction”.3

term 'cryptocurrency'. 'Cryptocurrency' could mean a “crypto-coin” (which performs functions of money) or a 'cryptotoken' (which is a security The foregoing definition of and is usually offered by cryptocurrency connotes startups in Initial Coin that all cryptocurrencies can Offerings).4 Since a reference perform the function of fiat to 'cryptocurrency' connotes money – that is – medium of a reference to an instrument exchange, unit of account that may not be a 'currency', and store of value. However, the term 'cryptocurrency' the author takes an may be described as a exception to the misnomer. indiscriminate use of the

Lawal Ijaodola (Associate, G. Elias & Co.), March 22, 2021. FATF is the global coordinating body on AML/CFT efforts FATF, “2015 Guidance for a Risk-Based Approach to Virtual Currencies” http://www.fatf-gafi.org/media/fatf/documents/reports/Guidance-RBA-VirtualCurrencies.pdf page 27 [Accessed on March 22, 2021]. FATF, “2015 Guidance for a Risk-Based Approach to Virtual Currencies” http://www.fatf-gafi.org/media/fatf/documents/reports/Guidance-RBA-VirtualCurrencies.pdf page 26 [Accessed on March 22, 2021]. Alexander Snyers; Karl Pauwels, “ICOs in Belgium: Down the Rabbit Hole into Legal No Man's Land? Part 1” International Company and Commercial Law Revierw, Volume 29, Issue 8 2018, p. 486.

30 | Esq Legal Practice

www.esq-law.com

This piece focuses on crypto-coins (Crypto or Cryptos). A Crypto is a subset of the larger Cryptoasset class.5 It fulfils the requirements of a currency, that is, a medium of exchange, unit of account, store of value and a standard of deferred payment.6 Examples of Cryptos are (in no particular order) PIVX, Zcash, Zencash, Blackbytes, Bytecoin, Deeponion, Cloak Coin, BNB, Bitcoin, Ethereum, Chiliz and Polkadot. It is noteworthy that the European Union Court has held that converting Bitcoin to a legal

6. 7. 8.

: Looking back at the history and evolution of money – from trade by barter, traded goods, precious metals, mints, coins to paper money – the constant catalysts for the evolution have been portability and uniformity. One continues to wonder if paper money would be extinct in fifty years. tender is synonymous with conversion of legal tenders.7 Cryptos fulfil the requirements of a currency and although independent of the central bank, constitute a peer-to-peer alternative to fiat money.8 The author contends that Cryptos perform the functions of money better that fiat money because, more than fiat money, Cryptos possess -

portability, uniformity, divisibility, durability, acceptability, substitutability, and rarity. Looking back at the history and evolution of money – from trade by barter, traded goods, precious metals, mints, coins to paper money – the constant catalysts for the evolution have been portability and uniformity. One continues to wonder if paper money would be

extinct in fifty years.

ML ML could mean either a generic ML act (Generic ML) or an act that is not a generic ML act but has been criminalized under an ML prohibition statute (NonGeneric ML). A Generic ML act simply means the concealment of the origins of illegally obtained money

David Lee, Li Guo and Yu Wang, “Cryptocurrency: A new investment opportunity?” (March 2018), p. 2, https://ink.library.smu.edu.sg/cgi/viewcontent.cgi?article=6783&context=lkcsb_research [Accessed on March 22, 2021]. European Central Bank, “Virtual Currencies” (October 2012), p. 10, https://www.ecb.europa.eu/pub/pdf/other/virtualcurrencyschemes201210en.pdf [Accessed March 22, 2021]. Skatteverket v. David Hedqvist Case C-264/14 Bryan Chia, “Evolution of Cryptocurrency: Replacing Modern Cash” (2017), Masterthecrypto available at: https://masterthecrypto.com/evolution-cryptocurrencyreplacing-modern-cash/ [Accessed on March 22, 2021].

www.esq-law.com

Esq Legal Practice | 31

Cryptos are considered private. However, they are not necessarily anonymous as the law may intervene to investigate facts or compel disclosure where they are used to perpetrate crimes. – to 'wash dirty money'. An example of a NonGeneric ML Act is a situation where an individual, without involving a financial institution, makes or accepts a cash payment exceeding N5,000,000 or its equivalent.9 Cryptos can be traded overthe-counter or on exchanges. Currently, under the MLPA, Crypto exchanges, merchants or traders do not qualify as “Financial Institutions” (FIs) or “Designated Non-Financial Institutions” (DNFIs). Also, Crypto wallets do not qualify as “Accounts” under MLPA.10 Therefore, in Nigeria, Crypto merchants, traders and exchanges are not bound to comply with “KYC” requirements, mandatory disclosures, reporting and other obligations of FIs and DNFIs in the MLPA. It should, however, be noted that the MLPA respectively empowers the CBN and Ministry of Trade and Investment to designate any business as FI or DNFI within the ambit of MLPA.11

9. 10. 11. 12. 13. 14. 15.

CRYPTOS AND NONGENERIC ML Non-Generic ML offences under the MLPA do not envisage the use of Cryptos. Therefore, if an act that would ordinarily amount to a Non-Generic ML offence under MLPA if committed using fiat money is committed using Crypto, the actor may not be criminally liable under MLPA. Under the MLPA, transportation of cash or negotiable instruments above USD10,000 or its equivalent by individuals in or out of the country shall be declared to the Nigeria Customs Service.12 This legislation is simply defeated by the virtual nature of Cryptos. The issue of “transportation of cash” would not arise. Further, under the MLPA, a body corporate cannot, without involving a FI, make a cash transaction exceeding N10,000,000.13 Does “cash transaction” include Cryptos? Are Cryptos “cash”? This is further exacerbated by CBN's directive to FIs

prohibiting FIs from dealing in Cryptos.14 Assuming that Cryptos qualify as cash, could the referenced CBN directive be a good defence to charge under the MLPA?

CRYPTO AND GENERIC ML Any person who directly or indirectly: (a) conceals or disguises the origin of; (b) converts or transfers; (c) removes from jurisdiction; or (d) acquires, uses, retains or takes possession or control of; any fund or property which forms part of the proceeds of an unlawful act commits an offence of ML.15 The use of “fund or property” makes the provision wide enough to cover Cryptos. From the foregoing, it is clear that, subject to proof, a person using Crypto in Nigeria may be criminally liable for committing the Generic ML in MLPA, section 15.

PROOF: ARE CRYPTOS ANONYMOUS OR JUST PRIVATE? Cryptos are considered private. However, they are not necessarily anonymous as the law may intervene to investigate facts or compel disclosure where they are used to perpetrate crimes. In February 2015, Ross Ulbricht, who created Silk

Money Laundering Prohibition Act, 2011 (as Amended) (MLPA), s.1. MLPA, s. 26 defines FIs, DNFIs and Accounts. MLPA, s. 26. MLPA, s. 2(3). MLPA, s. 1. CBN's Letter to all FIs and DNFIs dated February 5, 2021, https://www.cbn.gov.ng/Out/2021/CCD/Letter%20on%20Crypto.pdf [Accessed March 22, 2021]. MLPA, s. 15.

32 | Esq Legal Practice

www.esq-law.com

Although there are provisions wide enough to cover certain Crypto transactions, the present AML framework in Nigeria does not adequately contemplate the use of Cryptos by money launderers. There is, therefore, the need for legislative intervention to put the law in line with emerging trends. Crypto transactions are private but not necessarily anonymous, and should not be used to perpetrate crimes.

Road – a Bitcoin market facilitating the sale of USD1bn in illegal drugs – was sentenced to life in prison.16 In March 2015, the assets of, Tomáš Jiříkovský, a 28-year-old Czech national were seized based on suspicions of laundering USD40mm in stolen Bitcoins.17 In September 2015, an American, Trendon

Shavers pleaded guilty to running a USD150mm Ponzi scheme—the first Bitcoin securities fraud case18 —and a Frenchman Mark Karpelès, was arrested and charged with fraud and embezzlement of USD390mm from the nowshuttered Bitcoin exchange, Mt. Gox.19 The foregoing are testaments to the fact that

However, despite the best efforts of law enforcement agencies, some Cryptos are mined using sophisticated cryptographic methods which are widely considered to confer anonymity.20 Examples include PIVX, Zcash, Zencash, Blackbytes, Bytecoin, Deeponion, Cloak Coin, Monero and Komodo. Whether anonymous or private, it will no longer be business as usual for Nigerian investigators (who are used to tracing money by examining statements of bank accounts) seeking to trace Cryptos. To ensure

global best practices, it is crucial that the Nigerian Financial Intelligence Unit and the Economic and Financial Crimes Commission empower their forensic investigators with the relevant training and tools.

CONCLUSION Although there are provisions wide enough to cover certain Crypto transactions, the present AML framework in Nigeria does not adequately contemplate the use of Cryptos by money launderers. There is, therefore, the need for legislative intervention to put the law in line with emerging trends.

16.

Mullin, Joe “Sunk: How Ross Ulbricht ended up in prison for life” (May 29, 2015), https://arstechnica.com/tech-policy/2015/05/sunk-how-ross-ulbricht-ended-up-inprison-for-life/ [Accessed on March 22, 2021]. Jamie Redman “Darknet Market Operators Who Stole 40 Thousand BTC Face Prison Time” (April 5, 2017) https://news.bitcoin.com/darknet-market-operators-whostole-40-thousand-btcface-prison-time/ [Accessed March 22, 2021]. 18. Nate Raymond “Texan gets one-and-a-half years in prison for running bitcoin Ponzi scheme” (July 21, 2016) https://www.reuters.com/article/us-bitcoin-fraud-texasidUSKCN1012W8 [Accessed on March 22, 2021]. 19. Yessi Perez “Mt Gox CEO Mark Karpeles Charged with Embezzlement” (September 11, 2015) https://www.coindesk.com/mt-gox-ceo-mark-karpeles-embezzlement [Accessed March 22, 2021]. 20. Shobhit Seth “6 Private Cryptocurrencies” (January 5, 2021) https://www.investopedia.com/tech/five-most-private-cryptocurrencies/ [Accessed on March 22, 2021]. 17.

www.esq-law.com

Esq Legal Practice | 33

LEGAL SPEND MANAGEMENT:

HOW TO REDUCE YOUR LEGAL SPENDING Written by Kara Wen

Legal spend management is the practice of tracking, analyzing, and optimizing costs incurred by your in-house legal departments and their outside counsel. It involves creating and maintaining systems to keep track of where you spend your money and identifying opportunities to optimize costs.

y introducing better legal spend management practices in your organization, you can reduce your legal spending and save up to 26% on accrual estimates. A centralized database, automated billing, a dedicated budget, and clear KPIs to measure vendor performance will help you achieve this goal.

CENTRALIZE SPEND DATA Collecting spend data in a central location makes it easier to analyze your data and to spot trends / opportunities in spend. If your data is scattered over multiple applications, your team will have to switch between apps when working with data, resulting in increased chances of human error and reduced

34 | Esq Legal Practice

productivity. Having centralized data means consistency, security, faster reporting, improved strategies, and better execution of plans. The best place to house all your spend-related data is in legal spend management software. Legal spend management solutions are cloud-based platforms that allow general counsels and in-house legal ops professionals to monitor and manage their matters, vendors, spend, and documents, as well as create reports and more from a special dashboard. So instead of using Microsoft Excel to maintain spreadsheets, Tableau for data visualization, and QuickBooks for invoice management, you will be using one software

application that will deal with all of it. Some spend management solutions also allow you to request budgets from outside counsel plus track and approve invoices. That way, you'll have records of your budgets in addition to actual spend if you need to analyze your spend to budget in the future.

SET A LEGAL DEPARTMENT BUDGET Budgets help you benchmark and control spend with ballpark figures. Once you are operating within a budget, you start to question how much certain vendors cost and whether or not they are earning their keep. Follow these steps to set useful budgets for your legal department:

Look at expenses from previous years to set ballpark figures/estimates – Annual administrative fees (e.g., corporate filing fees) and preexisting alternative fee arrangements (e.g., flat fees) will stay the same, so it's safe to budget those at the same amounts. For the rest, you can use current and past estimates. This initial budget is meant to serve as a starting point you'll continue to tweak.

Talk to people from other departments to spot issues that may affect spend – Some common scenarios that may give rise to new fees include new products that'll need patents filing, trademarks from the product department, joint ventures, or partnerships in marketing and promotion.

Talk to outside counsel to get estimates for predicted tasks – Ask your vendors what the costs for upcoming matters would look like. By looking at historical data and talking to vendors and stakeholders,

www.esq-law.com

you can create a budget that accounts for recurring as well as predicted and oneoff legal matters.

SET UP AND ENFORCE BILLING GUIDELINES Set up billing guidelines to mitigate surprise fees, unauthorized charges, and late invoices and share them with your vendors. This will ensure you only get charged for what's due and when it's due, so your monthly budget doesn't get thrown off. Your billing guideline should include:

An introduction – A brief rundown of the going-into-effect date of your billing guidelines and a statement of your right to modify or reject invoices that don't follow the guidelines.

Staffing information – Details about who's in charge of hiring, appropriate staffing levels for certain projects or task types, and the approval process for staffing changes. The goal is to dictate the appropriate staff level for tasks, so you don't pay partner-level rates for tasks that can be completed by a paralegal or an associate.

Invoicing and billing procedures – Details about how outside counsel should submit invoices (through an eBilling platform, for example) and how to format those invoices. For example,

www.esq-law.com

You can also go for qualitative KPIs and survey your in-house attorneys to collect feedback on your active vendors. Use their responses to grade each of your vendors on the KPIs you find most important. include matter name and ID, then a description of work, then timekeeper name, title, rate, etc. This is also a good place to state billing codes to encourage task-based billing and accuracy.

Timing requirements – Information on the appropriate time to send an invoice. For example, not more than two weeks after work is completed.

A signature page – To sign the agreement and indicate consent of all parties involved. Once set up, you should be able to enforce billing guidelines in your e-Billing software.

AUTOMATE BILLING Automating billing reduces over billing by avoiding manual billing errors, such as not sending the invoice on time, using the wrong name on the invoice, not itemizing services correctly, and so on. The most effective way to automate billing is to use e-Billing software. We've seen customers save an average of 8.4% in legal spend thanks to e-Billing. Look for an e-Billing software with the following capabilities:

Metrics tracking – So you can easily analyze and optimize legal spend beyond auto-billing.

Easy reporting – The ideal e-Billing software will have robust reporting capabilities that let you filter metrics to create useful reports in a few clicks.

Tracking spend is easy: you can likely track your spend on each vendor by project, quarter, and year in a spreadsheet. Vendor performance is a different story. You will need key performance indicators (KPIs) based on your priorities. Most legal departments track across a series of KPIs such as:

Free training and support – Check for responsive customer support and extensive training material on how to use the platform. One of the best ways to sample customer support and training is to sign up for a free demo of the software.

Ÿ Ÿ Ÿ Ÿ Ÿ

Pre-built integrations –

You can also go for qualitative KPIs and survey your in-house attorneys to collect feedback on your active vendors. Use their responses to grade each of your vendors on the KPIs you find most important. This feedback becomes hard data that quantifies vendor performance, which you can compare against your vendor spend data to see which vendors are delivering adequate value and which aren't.

You'll need to integrate with your existing apps such as Outlook, IPfolio, or iManage, for example, so you don't duplicate your entries.

MONITOR SPEND AND VENDOR PERFORMANCE Monitor spend and vendor performance to find opportunities to reduce spend. Specifically, create a view that compares your spend across vendors against their performance to determine which vendors generate the best returns. This will help you reduce spend without affecting service quality.

Cost per lawyer Cost per matter Matters per lawyer Budget vs. actual spend Success ratio for cases solved Ÿ Time taken to resolve matters and disputes

You can track this data in a spreadsheet, but legal spend management software will make your life much easier.

Esq Legal Practice | 35

36 | Esq Legal Practice

www.esq-law.com

Legalreport AFRICAN FINTECH RAISES USD 20 MILLION

A funding round with fintech debt financing company Lendable has raised USD 20 million for African fintech Finclusion Group. Mauritius-registered Finclusion Group provides online financial and credit services, using artificial intelligence (AI)-driven systems through a range of brands across Sub-Saharan Africa, including South Africa, Tanzania, Kenya, eSwatini and Namibia. The financing raised with Lendable should help Finclusion to develop its business across both the East and South African markets, which should create more financial inclusivity in these areas.

An event held by law firm Bowmans and Afriwise in August discussed Africa's huge technological advancements, but questioned whether fintech regulation in East Africa has been progressing at the same level. Finclusion's CEO Timothy Nuy said in a statement that the company has “already secured a number of new key distribution partnerships” to grow its customer base. Nuy is the former chief executive of fintech company MyBucks.

Lendable's CEO Chris Wehbe said: “We're looking forward to seeing the Finclusion Group reach even more customers across Africa with our funding driving further financial wellness and inclusion ̶ both of which are a core focus for Lendable.” Tamuka Mpofu, Finclusion's chief financial officer, emphasised that the funding is a milestone for Finclusion: “Partnering with a reputable institution like Lendable is evidence of sustained growth all while maintaining strong portfolio quality throughout the pandemic.” Finclusion also recently acquired a stake in South

African payroll software company HelloHR, forming part of Finclusion's wider strategy to offer holistic financial well-being products via employers. In a statement, Nuy said: “HelloHR will a contribute to the Finclusion Group platform, strengthening all offerings through improved customer experience and increased customer retention rates.” Also this month, South African mobile telecommunications company MTN Group and Sanlam formed a strategic alliance to spread the financial services company's insurance and investment offering across Africa.

NEW PARTNERS PACER GUOBADIA & NOSA OSAZUWA! ENR Advisory is pleased to announce that Pacer Guobadia and Nosa Osazuwa, who have been at the core of the firm's work over the years and have become respected energy and natural resource lawyers in their own right, have been admitted into partnership effective June 1, 2021. Pacer is a seasoned lawyer counsel at top law firms and with excellent negotiation, organizations, hence the transaction and project IFLR 1000 feedback ‒ “a development experience wealth of experience in acquired from his practice as contract drafting and external and in-house negotiation. Always

www.esq-law.com

provides alternative ways of solving legal problems”. Nosa is a very experienced commercial lawyer who joined the firm in February 2017 and regularly provides legal support to our clients on asset

Esq Legal Practice | 37 13

Legalreport NEW PARTNERS PACER GUOBADIA & NOSA OSAZUWA!

acquisitions and divestments, financings, as well as on contractual and regulatory matters related to their oil and gas operations and projects. Managing Partner, 'Gbite Adeniji, comments “these two excellent lawyers are the future leaders of the practice and will work with the current partners over the next few years in ensuring the transition of our practice into a new era in tandem with the nascent changes in our focal sectors”.

DUALE, OVIA & ALEX-ADEDIPE ADVISES MONO TECHNOLOGIES LIMITED ON US$15M SERIES A FUNDING ROUND

uale, Ovia & AlexAdedipe (DOA) is pleased to have advised Mono Technologies Limited (an African fintech startup that helps connect consumer's bank accounts to financial institutions) as Nigerian Solicitors in connection with its US$15m Series A Funding Round led by Tiger Global with participation from Target Global, General Catalyst, SBI Investment and joined by other existing investors in the Company.

38 | Esq Legal Practice

CDC PROVIDES USD 60 FINANCING BRIDGE The United Kingdom's development finance institution CDC Group committed USD 60 million to bridge the midmarket financing gaps and credit market dislocation exacerbated by Covid-19. CDC Group has made the commitment under its Private Credit Fund Strategy, spanning two investments: a USD 30 million investment in Vantage Mezzanine Fund IV, managed by Pan-African fund manager Vantage Capital, and a cornerstone investment of the same amount in Bluepeak's maiden fund, BluePeak Private Capital Fund I.

African Private Credit Funds Strategy” said CDC's managing director and head of private equity funds Clarisa De Franco in a statement, adding that CDC's the partnerships “support underserved businesses at a critical time”. De Franco continued that CDC had pledged “to play an anchoring role in the success and scale of Africa's mid-sized companies through different instruments”.

investors to invest in Africa's nascent private credit market as we observe its rise as a promising asset class”. Explaining the need for such finance, CDC's investment director and head of intermediated credit Jo Fry said that “businesses in Africa often face significant challenges in gaining access to funding and the pandemic has further tightened the availability of capital in these markets”.

Fry emphasised that this commitment could bridge a It is hoped that the USD 60 funding gap for mediummillion funding will allow sized businesses whose these fund managers financing needs prevent increase their credit supply them from obtaining credit to mid-market African “In addition,” she added, “we from conventional banks. businesses via custom are confident that our mezzanine funding. partners will steward their In July, CDC and Ecobank investee firms to onward partnered to bring liquidity “We are proud to have made growth, generating to trade finance in Africa. our first investments favourable returns that will executed under CDC's motivate commercial

CDH GAINS NEW PROJECTS & INFRASTRUCTURE HEAD Andrew van Niekerk has joined Cliffe Dekker Hofmeyr (CDH) as a director and head of projects and infrastructure, following four years at Bowmans, where he was a partner and head of construction. Van Niekerk has relocated from Johannesburg to Cape Town in the move of firms. Projects, infrastructure and construction are his areas of expertise, and he offers specialist advice

on Energy Performance Certificates (EPCs), publicprivate partnerships and independent power producers (IPP). In particular, his practice spans infrastructure,

www.esq-law.com

Legalreport AFRICA: US ANNOUNCES RENEWED PROSPER AFRICA TRADE INITIATIVE Virusha Subban of Baker McKenzie looks at the Biden administration's approach to Africa and its shift away from concerns about Russia and China, towards shared interests. The United States administration announced in July 2021 that the Prosper Africa initiative, launched in 2019 under the Trump administration, would be renewed and reinvigorated to increase reciprocal trade.

“predatory” Chinese and Russia interests in Africa. Under President Biden, US engagement with African countries will focusing on the strengthening these trade relationships in a strategic, co-operative and reciprocal way. The Biden The initiative will focus on administration has pointed improving trade and out that its focus in Africa will be less on countering investment in sectors such as infrastructure, energy and Chinese influence in the climate solutions, healthcare continent and more on the vision of 'shared prosperity' and technology. An between Africa and the US. additional USD 80 million will reportedly be requested The value of imports and to support its projects. The 17 US government agencies exports between the US and Africa between January and working as part of this initiative have a mandate to, July 2021 outlines the current, non-reciprocal among other things, nature of trade between the empower African two regions. Data shows the businesses, offer deal US imported USD 6.3 billion support and connect more goods from Africa investors from the US with those in Africa. Also noted at than it exported to the the renewed Prosper Africa continent. The United States Census Bureau revealed that launch is the intention to focus on trade projects that in this timeframe, the US exported goods to the value support women, and small of USD 14.7 billion to Africa, and medium enterprises in and it imported goods from Africa. Africa to the value of USD 21 billion. Further statistics When President Trump from the bureau show that introduced his US Africa strategy at the end of 2018, there is potential for trade between the US and Africa he said the US would promote intraregional trade to be greatly increased, and commercial ties with its when compared to other US trading partners. For African allies, shifting the example, US goods focus from “indiscriminate exported to United aid” to one of trade and investment and positioning Kingdom alone totalled USD the US as a more sustainable 35.3 billion, and goods alternative to what it termed imported into the US from

www.esq-law.com

the UK were valued at USD 32.1 billion, between January and July 2021.

stance, new agreements will likely also include climate change provisions and tariffs on high-carbon imports. The Biden Administration is Biden will also focus on reportedly also supportive of trade agreements that do the African Continental Free not disadvantage US Trade Area agreement businesses and consumers. (AfCFTA), which kicked off in However, for free trade January 2021. AfCFTA is a across the continent to be landmark free trade deal successful, infrastructure is that aims to bring together urgently needed to facilitate 54 African countries with a the free movement of goods population of more than and services across Africa's one billion people and a borders. There is therefore combined GDP of over USD an urgent imperative to 3 trillion. Now that AfCFTA address the infrastructure has launched, Biden is likely funding gaps in, for to look at new, reciprocal example, transportation, trade agreements with energy provision, internet Africa that complement this access and data services, continent-wide free trade education and healthcare agreement. Such new trade infrastructure projects in agreements are expected to Africa. eventually replace the nonreciprocal African Growth As such, the US is already a and Opportunity Act major player in funding (AGOA), which allows duty- African infrastructure and quota-free exports from projects. For example, eligible African countries according to IJ Global data into the US but is due to in Baker McKenzie's report, expire in 2025. AGOA was New Dynamics: Shifting signed into law by Bill Patterns in Africa's Clinton, and presidents Bush Infrastructure Funding, two and Obama extended it US development agencies ‒ during their tenures. the Export-Import Bank of the United States and the All future trade agreements Overseas Private Investment signed between the US and Corporation ‒ funded African countries will have infrastructure projects to the to align with AfCFTA's trade value of USD 4.7 billion and stipulations and, considering USD 3.6 billion respectively, Biden's environmental between 2008-2020.

Esq Legal Practice | 39

Legalreport AFRICA: US ANNOUNCES RENEWED PROSPER AFRICA TRADE INITIATIVE

US FIRM HIRES JOHANNESBURG DEBT FINANCE PARTNER

The US has not kept pace with Chinese lending into African infrastructure projects - IJ Global data from the same report reveals that White & Case has continued the growth of its South & Garrison, joining Bowmans the China Exim Bank alone in 2010. African finance practice with another partner hire, as it lent USD 29 billion to African eyes disruption in the mining and aviation sectors. infrastructure projects in the London-based Harley added same timeframe ‒ 2008Johannesburg debt finance partner Lindani Mthembu has that Mthembu “has 2020. However, Biden's moved from Allen & Overy (A&O) to White & Case. extensive experience in the renewed focus on impactSouth African market building and financing The move reunites expertise as Africa's already advising on high end strategic long-term projects Mthembu with Lionel beleaguered aviation sector international and domestic in the region is encouraging, Shawe, whom he followed has been plunged deeper finance transactions”. as is his administration's from Bowman Gilfillan (now into crisis by the Covid-19 Bowmans) to A&O in 2014, pandemic. Earlier this year Global executive committee willingness to work with after Shawe jumped to the government sold South member Oliver Brettle noted regional development White & Case in April this African Airways to a that “Africa is a strategically finance institutions to year. He joins another consortium. important market for White reduce the infrastructure gap. former colleague, Sibusiso & Case”, adding that the Zungu, who followed Shawe In a statement, global head Johannesburg office is of debt finance at White & Africa needs strong in May, at which time continuing to grow. Case Eric Leicht explained partnerships to address its regional head of banking the hire: “As Africa continues A&O has not been standing development challenges so Colin Harley told ALB that on its growth trajectory, we still however, having just last that, among other things, its the United States firm was see strong demand from trade and investment month recruited six South “bulking out” its Johannesclients to support investAfrican lawyers, including a potential with major global burg finance practice. ment opportunities in players can be fully reached. new head of the local Mthembu advises on important industry sectors, As such, the Biden banking practice, from structured, project, acquisiincluding banking, infraadministration's renewed Webber Wentzel. structure, power, telecoms tion and asset finance, as Prosper Africa initiative, as Bowmans last week and transport.” well as debt restructuring part of its sustainable and appointed a corporate and sovereign debt, on reciprocal approach to Mthembu began his career partner as its new chairman, Africa, is expected to lead to behalf of local and internawith Deneys Reitz (now part while the firm lost four tional businesses, particua plethora of opportunities of Norton Rose Fulbright) banking lawyers to Cliffe larly in the mining and for investors in both the US Dekker Hofmeyr. aircraft industries. The latter before a short stint with and Africa. will be particularly valuable Paul, Weiss, Rifkind, Wharton A new managing partner, three partners and a lead interface manager have been appointed at Nigerian law firm Detail Commercial Solicitors.

DETAIL COMMERCIAL SOLICITORS ELEVATES FIVE 40 | Esq Legal Practice

Detail Commercial Solicitors' founder and lead partner Ayuli Jemide has ended his management role at the firm, handing the reins over to Dolapo Kukoyi. Kukoyi has worked at Detail Commercial for the last 16 years as a commercial

lawyer, specialising in intellectual property, technology, media and entertainment. She also has experience acting for clients on power and infrastructure projects. She has been Detail Commercial's power practice head and has previously acted for clients

www.esq-law.com

Legalreport energy, mining and resources, transport and real estate-related matters. In a statement, CDH's CEO Brent Williams said the hire came at a timely moment, “with South Africa's infrastructure and energy future providing a wealth of possibilities”.

AMETHIS SELLS SODIGAZ STAKE African investment fund manager Amethis has sold a 22% interest in a Burkina Faso leading gas bottle distributor to African Infrastructure Investment Partners. African Infrastructure Investment Partners (AIIM)'s purchase of a minority stake in Sodigaz is strategic, since the company sees “bottled gas as a vital 'bridging fuel' in the long-term transition to a sustainable energy system, and a core part of AIIM's distributed energy investment strategy, alongside solar home systems” said AIIM investment director Patrick Kouamé in a statement.

Amethis first invested in Sodigaz four years ago. Since when Lala Bolly has led the gas bottle company's management team and grown regionally. Sodigaz has a strong financial record and a history of delivering high growth. Since 2017, the company has experienced an annual growth rate of 1.4%.

Bolly mentioned that “the partnership with Amethis has been an excellent Sodigaz has a market share in Burkina Faso of over 60% opportunity for Sodigaz to efficiently deploy its and a distribution network comprising 2,200 resellers of strategic vision and bring a higher quality of services to gas, with a workforce of its clients” more than 780.

including the Central Bank of Nigeria and the Nigerian Electricity Regulatory Commission. Jemide will continue to act as chair of the committee of partners after the leadership transition. The firm has also appointed three new partners, namely Abiodun Oyeledun, Temidayo AjayiBello and Chukwudi Ofili. Oyeledun has worked at

www.esq-law.com

Detail Commercial for the last decade, prior to which, he served Travers Smith in London for a brief period of two months, following nearly a year at Churchfields Solicitors in Lagos. Ajayi-Bello has received the promotion to partner after five years, following an earlier two-year spell at Oluwakemi Balogun & Co where she was an insol-

Prior to his most recent position, van Niekerk was a partner and head of infrastructure at Webber Wentzel for three years. Before that, he was a director in the projects and project finance division at ENSafrica, following a years' service at Dubai-based holding company Meraas Holding, where he served as general counsel. Meraas was not Niekerk's

Kouamé described Sodigaz as “a local LPG champion”, adding: “We look forward working closely with Ms Bolly and her team to expand its operations across West Africa, diversify the product offering and deliver clean fuel to households in the region.” Amethis partner Khady Koné-Dicoh said that the company is proud “to have invested in a player that remains at the forefront of the fight against deforestation in this vency and maritime associate. Prior to this, she spent 10 months as an associate at Adeleye & Adeleye Solicitors. The final partner promotee, Ofili, has been with Detail Commercial for two years, starting as an associate partner. Before this, he spent eight months as a senior associate at Bloomfield Law Practice, specialising in

CDH GAINS NEW PROJECTS & INFRASTRUCTURE HEAD first in-house position, having spent a year at real estate company Nakheel as senior legal counsel, and two years with global consultancy Turner & Townsend as a senior legal consultant. His past private practice experience includes a year as a senior legal consultant at Al Tamimi & Company, having actually began his career at Webber Wentzel. CDH lawyer Bridget King left the firm to join DLA Piper in March this year, around the same time that CDH expanded its commercial team by hiring two directors. Sahelian country and in the preservation of the health of women and children often exposed to the toxic smoke of the charcoal traditionally used by Burkinabé households”. The Emerging Africa Infrastructure Fund, a public private partnership, recently agreed to lend EUR 29 million for the development of a 30-Megawatt solar plant in Burkina Faso. Clifford Chance advised.

projects, finance and corporate and business advisory services. He has inhouse experience as a corporate counsel extern at The Coca-Cola Company for five months during 2018. A combination with a Nigerian full-service firm gave Dentons its longanticipated entry into Africa's largest economy earlier this year.

Esq Legal Practice | 41

Legalreport VENTURE BUILDER APPOINTS KENYAN LEGAL OFFICER The appointment of a Nairobi-based commercial lawyer in 2011 and will continue brings additional African energy sector legal experience to with the company as a partner, management and the investment operation. investment committee Africa-focused venture start- She has been running her member, and director. up backer Persistent has own law firm, W&Co, since appointed Kenyan lawyer 2018, and previously worked Karanja described the Wairimu Karanja as its new for Kenyan firm Anjarwalla & company as “a great institution with a clear focus chief legal officer, effective 1 Khanna and dispute on impact in its climate October. resolution consultancy venture building model in JMiles & Co, as well as Zurich-headquartered spending time in academia. Africa”. Persistent is a venture Aidun praised Karanja's “skill, “Persistent's impact mission builder, investing in and in Africa is fully in line with developing African busicommitment to climate my vision when setting up nesses which work towards work and collegiality” as an my own practice. Its work is a carbon neutral economy. “excellent fit for the especially relevant considerorganisation”, in a stateNairobi-based Karanja is ing the climate commitment. experienced in corporate, ments at the UN General W&Co will be wound down Assembly and those transactions and private over the next few months, equity work in the energy, expected under COP26,” she natural resources and with Karanja going full time added. from 1 January 2022. She infrastructure sectors. Her The company's chief work has included advice on had previously been venture builder and partner policy and trade around East consulting with the in Nairobi, Mia von company and will succeed Africa, and on wider legal Koschitzky-Kimani said: “It issues, including arbitration, chief legal officer Chris Aidun. A former partner with has been a great pleasure intellectual property, working with Wairimu over Weil Gotshal & Manges, employment and immigraAidun co-founded Persistent the last few months and we tion.

AFRICAN DIGITAL INFRASTRUCTURE GETS BOOST FROM CDC CDC Group has committed USD 50 million across to the growth of digital infrastructure and connectivity in more remote areas of Sub-Saharan Africa. Two new investments by CDC Group, the United Kingdom's development finance institution (DFI), will drive the development of Africa's ICT sector, which should in turn help to grow infrastructure, and help provide mobile connectivity to the more rural and underserved areas in the continent.

42 | Esq Legal Practice

The first investment comprises a USD 40 million investment going to Convergence Partners Digital Infrastructure Fund (CPDIF), which is managed by Africa-focused ICT fund manager Convergence Partners. This capital is intended to allow CPDIF to invest in

digital infrastructure and other connectivity improvement methods. Potential investments include data centres, fibre networks, towers, wireless networks and software, as well as 5G, cloud, Internet of Things (IoT)and artificial intelligence (AI). It follows on from recently announced plans to build a new fibre network to improve the internet connection between East and West Africa via a partnership between Facebook and a Pan-African technology company in July, the same month that a

are very happy to have her on board full time with us.” “It is also a further step on our commitment to building a diverse team, with more than half of our full-time staff being female and twothirds based across several African locations,” she added. Kenya signed a trade agreement with the United Kingdom in March this year, which both governments hope will increase trade and investment between the countries. The same month, shipping company Hapag Lloyd opened a new Nairobi office, while in August, Kenyan law firm Oraro & Company Advocates promoted four lawyers in its employment, commercial and disputes practices.

consortium of investors led by African private equity fund manager Metier plugged USD 36 million into Africa Mobile Networks, which builds mobile networks, including in rural areas across Sub-Saharan Africa. CDC's second investment, of just over USD 10 million, will be dedicated to Metier, alongside contributions from various DFIs including DEG, Proparco and other financial institutions which are actually investing in Africa Mobile Networks. The investments are timely, as the World Bank recently

www.esq-law.com

Legalreport AFC ADDRESSES CLIMATE RISK Africa Finance Corporation (AFC) has established a new and independent asset management arm in order to address climate risk in Africa.

Zubairu, president and CEO of AFC, in a statement.

Zubairu continued: “AFC Capital Partners will The new asset management enhance our firepower in Former head of the private business, AFC Capital driving integrated infrastrucsector business of the Green Partners, has made a debut ture solutions that are core Climate Fund and former offering: the Infrastructure employee of the World Bank to Africa's development in Climate Resilient Fund the post-Covid era,” adding: Group's International (ICRF). Finance Corporation, Ayaan “The Infrastructure Climate Resilient Fund will enable us Over the next year, AFC Zeinab Adams, has been to support climate adaptaCapital Partners intends to appointed as the CEO of tion as well as projects that raise USD 500 million, as part AFC Capital Partners. reduce carbon emissions of USD 2 billion over the and catalyse our continent With 27 years in climate next three years. to build back better, with response and investment, more climate-resilient and ICRF will be both a direct and “she brings a wealth of sustainable infrastructure.” investor and co-investment experience to AFC and will fund in African ports, roads, enable investors to access Adams herself said that bridges, rail, telecommunimeaningful exposure in “significant financing is cations, clean energy and Africa's infrastructure urgently required to build logistics. market” said Samaila

estimated that around 45% of Africa's population is more than 10 kilometres away from fibre network infrastructure, a figure higher than any other continent in the world. In a statement, Clarisa De Franco, managing director and head of private equity funds at CDC Group said: “Digital inclusion provides an unparalleled opportunity for African countries. Tapping into these opportunities require long-term investments and the right partnerships to help develop innovative, sustainable and inclusive solutions to bridging the

www.esq-law.com

physical infrastructure that will survive the forces of climate change”. She added that “the good news is that much of this investment is compatible with competitive returns for investors through leveraging the expertise, relationships, and blended finance models that have been tried and assessed for many years by AFC”. AFC issued a green bond in October last year, as well as the lowest-yield Eurobond to date, in May this year.

continent's connectivity gap.” De Franco added that the investments “will support Africa's digital transformation, connect millions of people across the continent, facilitate access to quality education and healthcare, enhance digital skills, and promote financial inclusion”.

Esq Legal Practice | 43

Legalreport BOWMANS ELECTS NEW CHAIRMAN

SÃO TOMÉ & PRÍNCIPE GETS ECF APPROVAL FROM IMF The Central African country's extended credit facility arrangement been reviewed and continued for a third time by the International Monetary Fund. The International Monetary Fund (IMF) executive board's third review of São Tomé and Príncipe's extended credit facility agreement has resulted in an immediate disbursement of approximately USD 2.7 million. As a result of the IMF's decision, São Tomé and Príncipe's total disbursements under the credit facility have reached around USD 12.91 million. São Tomé and Príncipe's extended credit facility agreement, which was first approved in October 2019 under a 40-month plan for approximately USD 18.15 million, was designed to back the government's economic reforms.

The third review follows the extended credit facility's second review which took place in February this year with a disbursement of approximately USD 2.73 million, and the first review in July last year, which had a disbursement of about USD 2.67 million. At around the time of the first review was also the augmentation of an extended credit facility arrangement totalling USD 2.08 million which was approved by the IMF's board.

After a discussion of the executive board at the third review, the IMF's deputy managing director and acting chair Bo Li said in a statement: “The authorities' swift actions and internaThe reform programme is tional support have helped targeted at macroeconomic São Tomé and Príncipe stability, as well as reducing mitigate the impact of the the country's debt exposure, pandemic-related crisis. easing pressure on balance However, uncertainties of payments and creating a remain high and continued stable footing for robust and steadfast program impleinclusive growth. mentation and structural

44 | Esq Legal Practice

reforms together with adequate vaccination are critical to ensure more resilient, sustained, and inclusive green growth.” Li added: “The authorities' program performance remains favourable, despite the difficult pandemic environment. Addressing immediate social and economic needs and implementing gradual fiscal consolidation are key to supporting the economic recovery and preserving debt sustainability.” He also addressed reforms in the energy industry: “In view of recent electricity shortages, accelerating reforms in the energy sector would contribute to providing lower-cost and reliable electricity supply, support the country's development and growth potential, and reduce pressures on public debt and foreign exchange reserves.” The IMF provided financial support to several African countries during the Covid19 pandemic, in April last year.

The Central African country's extended credit facility arrangement been reviewed and continued for a third time by the International Monetary Fund. Bowmans has elected the head of its corporate practice as the firm's new chairman and senior partner, succeeding Robert Legh who passed away in July. The appointment of Ezra Davids for a five-year term will be effective tomorrow, 1 October, and was unanimously approved by the firm's partnership. A Bowmans veteran who has spent nearly 25 years with the firm, Davids is currently chairman of the corporate, and mergers and acquisitions (M&A) practice, and has been deputy chairman of the firm since March. As chairman and senior partner, he will be tasked with leading the firm's expansion in markets across the continent. Managing partner Alan Keep said in a statement he would lead the firm “in our quest to

www.esq-law.com

Legalreport MTN GROUP MAKES NEW APPOINTMENTS

The South African mobile telecoms company has beyond South Africa. build the pre-eminent welcomed two new senior African law firm, supporting Davids holds a range of roles leadership recruits. our clients and our people with non-governmental and as they seek to unlock Johannesburg Stock educational organisations, opportunities, overcome Exchange-listed MTN Group and is a member of the challenges and realise the has hired Burak Akinci to be International Bar Association potential on the continent”. its new CEO of music service corporate and M&A provider Simfy (ayoba), as During his tenure in charge committee. well as appointing a new of the M&A practice, Davids executive for tax, Troopti He said: “Success to me oversaw the firm's work on Desai. Akinci has relocated means ensuring that the sale of brewer SABMiller Bowmans is the undoubted from Istanbul to Cape Town to AB InBev and he has and will report to MTN's leader in the provision of worked on deals involving chief digital and fintech world-class legal services to PepsiCo, Goldman Sachs, our clients across the African officer Serigne Dioum in his Citigroup, Verizon Communew position, and he will nications and Bharti, as well continent. To do this we take responsibility for the need to attract, develop and as managing relationships instant messaging app retain the best and most with ExxonMobil, Merrill Lynch, Microsoft, Total, UPS diverse talent, and create an ayoba, powered by MTN environment in which they Group. In joining MTN and Orange. flourish. We also need to do Group, Akinci has ended a brief 11-month tenure at BiP, The role of chairman of what we can for the another instant messaging betterment of the societies corporate and M&A will be abolished and merged into in which we operate so that app which is powered by Turkish mobile phone his position as firm chairman the continent as a whole operator Turkcell. and senior partner. Fellow develops and prospers.” deputy chairman David Before becoming BiP's CEO Bowmans hired a pair of Mpanga said Davids at the end of last year, Akinci “understands the complexity Mauritius-based had worked at Turkcell for transactional partners in of our clients' businesses 14 years, starting as a senior March, followed by a former and the increasingly general counsel of Standard marketing specialist in 2007, sophisticated regulatory environment across Africa”, Bank as a consultant in April and working his way up through the ranking, praising him as “an inclusive, and a Johannesburg tax lawyer in August, although it assuming various senior inspirational leader with a positions including digital did lose four finance and strong commitment to communication and banking partners to Cliffe fairness and social justice”. advertising services director. Dekker Hofmeyr in recent Prior to this, Akinci was a weeks. Legh, who passed away in brand manager at early July, was an experiAllen & Overy snapped up Dermalogica for two years, enced competition partner six lawyers, including three before which he co-founded who had led the firm since partners, with a range of his own trade and market2014 and played a promiproject finance and ing company. His appointnent role in the South banking-related practices, ment at MTN Group became African legal scene. He from Webber Wentzel in effective from the first of this drove through the firm's month. He brings to the 2016 rebrand from Bowman Johannesburg and Cape new Cape Town-based role Gilfillan to Bowmans, as part Town earlier this month. over 20 years' experience in of efforts to expand its reach digital business and

www.esq-law.com

technology, as well as marketing. In a statement, Dioum said that Akinci's “appointment accelerates our work to build the largest and most valuable platforms as we target greater digital and financial inclusion across the continent”. Desai's appointment, which is effective from 13 September, will brings experience of labour and immigration law, corporate tax, mergers and acquisitions, tax and tax incentives, corporate governance, tax policy and revenue authority engagement capabilities. She has joined MTN from professional services firm PricewaterhouseCoopers (PwC) in Johannesburg, where she was a partner managing tax matters across Sub-Saharan Africa for London Stock Exchangelisted General Electric. Before joining PwC, Desai was regional tax leader for Sub-Saharan Africa at General Electric, as well as acting as a director of various of the companies' entities across South Africa. The appointments follow MTN Nigeria's issuance of a Nigerian bond in June of this year, in order to manage its debt and to finance infrastructure investments. Back in 2018, Orange and MTN created a fintech product designed to make mobile payments easier by connecting different mobile payment providers.

Esq Legal Practice | 45

Legalreport A&O HIRES JOHANNESBURG TEAM Webber Wentzel's head of project finance is one of three partners leading a team to join Allen & Overy in South Africa. London-headquartered Allen & Overy (A&O) has hired six lawyers from Webber Wenztel including a new head for the firm's South African banking practice. The hires are led by a well-regarded trio of partners, Ryan Nelson, Alessandra Pardini and the South African firm's head of project finance Alexandra Clüver, and are expected to move around late October or early November. It is a big gain for the Magic Circle firm, which lost its Johannesburg managing partner, banking and finance lawyer Lionel Shawe, to White & Case at the start of May. The London-headquartered firm said the hires were intended to capitalise on South African renewable and selfgenerated energy growth, and look to further opportunities across Southern and Sub-Saharan Africa.

ensure that our South African banking and projects practices enjoy the full benefit of A&O's global platform and vice versa.” Nelson has been hired to lead A&O's South African banking practice. It marks a return to the firm for which he previously worked in London between 2006 and 2011. Despite the office being situated in Johannesburg, he and Clüver will continue to be based in Cape Town. He advises on a range of banking matters, including corporate lending, and acquisition, leveraged, real estate, fund, project and restructuring finance, including cross-border work.

former boutique, Rudolph, Bernstein & Associates. She began her career with South African firm Roodt Inc and handles mining, energy and infrastructure project development, and construction, including engineering, procurement and construction arrangements, contracts for maintenance and operation, power purchase agreements, concessions and public-private partnerships (PPP). She also uses this experience to advise private equity clients on their investments.

Renergen Limited and previously spent three years with Bowmans and Warburton Attorneys. Mongezi Dladla specialises in PPP and had been with Webber Wentzel since 2015, aside from a one-year hiatus to work for the KwaZuluNatal Provincial Treasury PPP Unit . He joined the partnership in March this year.

Head of Africa and joint global head of projects, Tim Scales said: “The team brings a wealth of experience of the South African and wider African market together He stayed in London after They were joined in the with the full projects skill set leaving the firm in 2011, - construction, developtaking an in-house role with move by three Webber Wentzel partners who will ment, finance, environmenhealthcare business Circle take up roles at director tal and regulatory.” Partnership, before returnlevel, a local equivalent to A&O opened its Johannesing to South Africa with partner. Project and burg office in 2014 with the Webber Wentzel in 2014. Senior partner Wim Clüver spent nearly 13 years infrastructure finance lawyer hire of Shawe and a team of Dejonghe said in a stateAlexandra Felekis has banking lawyers from ment that A&O is expanding at Webber Wentzel, the last advised the South African Bowman Gilfillan (now four of them as head of its banking, and project government on renewable Bowmans). This was project finance, having finance and development energy procurement and followed by the opening of begun her career at practices. “South Africa is worked on the off-grid a legal services centre in the Linklaters in London, and will remain a key part of energy sector, as well as city in 2020. Singapore, Bangkok and our broader Africa strategy advising state-owned rail, Berlin. working with teams from Webber Wentzel gained two port and pipeline operator across A&O's global network mergers and acquisitions She focuses on the develop- Transnet on a range of on transactions and disputes partners from Cliffe Dekker matters. ment and financing of throughout Africa,” he Hofmeyr in March, while its energy, infrastructure, and added. The firm's managing oil and gas projects in South Environmental lawyer Gillian 2021 promotions increased partner in Johannesburg, Niven advises on regulatory the diversity of its partnerAfrica and across SubGerhard Rudolph, who aspects of energy, mining, ship and included lawyers in Saharan Africa, including joined the firm from Baker oil and gas, nuclear and disputes, employment, cross-border matters, McKenzie to launch its projects, and banking and particularly equity and debt industrial sector work, disputes practice in 2017, finance. funding, private equity and including audits, due reiterated the desire for diligence and compliance. secondary markets. Pardini growth, saying: “By focusing The South African firm spent nine years at Webber Niven has commercial on the complete integration formed an alliance with a experience from a year as inWentzel. The move reunites of the new teams into the Mozambican counterpart house counsel with her with Rudolph, with wider network, we will renewable energy company earlier this year. whom she worked at his

46 | Esq Legal Practice

www.esq-law.com

CELEBRATING

YEARS OF GROWTH, RESILIENCE & INNOVATION 48 | Esq Legal Practice

www.esq-law.com

L-R: Adebowale Kamoru, Thaddeus Idenyi, Mr Kemi Pinheiro SAN, Ajoke Ojikutu, Bolu Agbaje Akadri, Jamiu Agoro, Chukwudi Enebeli, Tokunbo Davies and Kehinde Daniel

From just a founding partner and 2 young lawyers in the suburbs of Ilupeju Lagos State to a full-service law firm with over 70 staff, Oluwakemi Pinheiro SAN, FCIArb recounts what the experience has been like over the past 25 years. Congratulations on the recent 25 years' anniversary of establishing your firm. How has the journey been over the course of 25 years?

inheiro LP started as Pinheiro and Company from two small bungalows on Ade Akinsanya Street in Ilupeju

www.esq-law.com

on the 27th of March 1996, having stayed there for up to 10 years. We thereafter moved to a semi-detached duplex at Taiwo Koya Street for another 10 years, after which we then realized that the practice had developed and evolved so much that we needed a bigger and

better space. This resulted in us moving into a 1,200 square meter space on Folayemi Street, Ilupeju sufficient enough to accommodate over 70 staff. It has not been easy, we grew from just a Founding Partner and two young

Lawyers, with one clerk and one secretary to over 36 Lawyers and 20 non-legal staff. We have grown into offices in Lagos, Abuja, and Port Harcourt. As our practice areas have increased, our client base has expanded. We presently

Esq Legal Practice | 49

It has not been easy, we grew from just a Founding Partner and two young Lawyers, with one clerk and one secretary to over 36 Lawyers and 20 non-legal staff. We have grown into offices in Lagos, Abuja, Port-harcourt. serve multinationals, bank institutions, high-profile individuals, and so on. We are grateful to God for creating the opportunities and we are thankful to our clients who gave us the privilege to represent them.

investing heavily in cars for lawyers, this is also our 20th year retreat and this would be about the 9th time we would embark on trips outside the country. We have been to Dubai twice, Ghana, Cotonou, etc.

What are some of the major highlights of these 25 years and what are the landmark achievements?

We have been involved in several symposia, seminars, and so on. We have also been able to establish our Inhouse newsletter “Trombone”and we have published 14 editions. We also ensured over the years, that we invest in young lawyers by paying their school fees, buying wigs and gowns, books, and sending lawyers on training.

We are grateful to God that we have a lot of achievements to be thankful for, like I mentioned earlier, our journey towards being the firm we are today has been a major achievement. We have also had to evolve internally, from having the founding partner being absolute, we have been able to, in the last 20 years, create a functional structure, and now have eight (8) partners, the head of chambers, assistant head of the chambers, the practice manager, finance manager, the chief accountant, librarian, IT manager and so on. We have invested so much in our human capital such that, apart from the salaries being paid to our staff monthly, we employ a system of motivation, for example, we have been

50 | Esq Legal Practice

What does the recent economic trends and socio-political situation in the country mean for legal services and the business of lawyers? Nigeria's economy entered a recession in 2020 reporting a negative growth balance of 1.8% due to a fall in crude oil prices on account of falling global demand and containment measures to fight the spread of COVID–19. This undoubtedly had a trickledown effect on the business of lawyers. There was the lockdown which meant courts, and offices were closed, and ultimately a major slow-down of

business opportunities and revenue generation. This meant that law firms had to become innovative in their approach to work, explore more business opportunities other than the traditional modes such as core litigation, and learn as new trends crop up; an example is cryptocurrency and the possibility of an Initial Cryptocurrency Offer (ICO) and the digital currency which is at the final stage of rollout. We were also faced with the End-SARS protests, and the Judiciary Staff Union of Nigeria (JUSUN) protracted strike which grounded certain aspects of legal services to a complete halt for about 3 months. Whilst these events were disruptive to legal services and the business of lawyers, it also changed certain views people held on how to work; particularly with the wide adoption of remote working. The period at home helped us realize that some of the lawyer's work could be done remotely; particularly in Lagos where there are a lot of factors that affect the productivity of people, such as spending hours in traffic, and the general discomfort of commuting. The economic trends and

socio-political situations have now opened up the frontiers of adaptation and innovation as lawyers now more than ever before must be creative, innovative and ensure that legal services are rendered more effectively and efficiently. Gone are the days when lawyers will only focus on one practice area. To survive in today's world, there is a need for broadbased and diversified legal practice. There must also be an emphasis on cutting down costs which may entail running a hybrid law firm that thrives on a combination of virtual and office-based practice. It has therefore become a necessity for legal practitioners to learn new skills, take up more roles and be tech-savvy to be able to survive in an economy that is constantly shrinking with fewer and fewer opportunities around.

The COVID 19 Pandemic disrupted the market and brought about several changes in human life. Were law firms prepared for these challenges? Which economic developments will drive the legal market out of the current challenges? Without a doubt, the entire world did not expect the covid 19 pandemic, it was a shock to businesses and every aspect of human life and the law practice was not an exception. It reduced the legal profession to such a level that even the Nigerian Bar Association had to call

www.esq-law.com

The period at home helped us realize that some of the lawyer's work could be done remotely; particularly in Lagos where there are a lot of factors that affect the productivity of people, such as spending hours in traffic, and the general discomfort of commuting. on senior lawyers to contribute funds for junior lawyers, it was that economically bad. We at Pinheiro LP contributed our token to the various NBA branches that we are associated with to alleviate the financial pressure and hardship. Apart from the consequential effect in depleting the potential areas of income that could be available to lawyers, there were also some major advantages. It created the realization that law firms have to invest in technology, it also created the realization that not all meetings needed to be physical, it created the opportunity for us to take a second look at the need to have virtual court sittings to fast track the effective administration of justice. We at Pinheiro LP had surprisingly been prepared for the pandemic. I say so because at the time we were moving to our main office six years after, we invested a lot in technology, we ensured that all our meeting rooms had facilities for

www.esq-law.com

virtual meetings, we had not fully utilized any of these facilities before the pandemic, so the pandemic now allowed us to make adequate use of all these facilities.

How can law firm managers ensure that the firm is resilient enough to thrive irrespective of the increasing economic burden? At a critical time like this, my advice to law firm managers is to deploy new strategies, innovations, and creativity to ensure their firms continue to thrive and succeed. The pandemic and economic meltdown in various countries in the last year has shown that business can no longer be done as usual. Their priority therefore should be to ensure their client's needs are still met in a professional, most efficient, and timely manner. The ultimate goal of any strategy introduced must be to retain and broaden their client base by continuous engagement with clients in different areas of practice unique to the client's business and to understand the new ways they are dealing with changes

Esq Legal Practice | 51

The economic trends and socio-political situations have now opened up the frontiers of adaptation and innovation as lawyers now more than ever before must be creative, innovative and ensure that legal services are rendered more effectively and efficiently. relevant to their business. Firm managers also need to develop innovative practices to adapt to changing conditions to stay ahead and to likewise ask questions. One of which could be whether using technology will increase efficiency, reduce costs and make the firm more competitive. A good financial management plan will also be critical to ensure that funds are dispersed on critical items. It is similarly important that the firm keeps morale high amongst its staff by involving them in decisionmaking, proffering solutions, improving business practices, and communicating critical matters within the firm to them. Networking is another veritable tool to ensure that firms continue to be visible in their various areas of practice i.e. by organizing webinars, workshops, trainings, conferences, publication of articles, etc.

How can lawyers overcome barriers to growth and manage the pressures that come with this change? First, I always advice my colleagues to set SMART

52 | Esq Legal Practice

goals. SMART, being an acronym for Specific, Measurable, Achievable, Realistic, Time-bound goals. Next is not compromising and maintaining already set high standards and being synonymous with integrity in one's law practice. There should be no cutting of corners. Always deliver on deliverables promptly. Also, lawyers should be ready to put in the work while also prioritizing one's personal life; there must be a balance.

Another important way lawyers can overcome barriers to growth and manage the pressures that come with it is by leveraging technology and managing automation to tackle inefficiency, maximize time and work output and drastically cut down on human error. This is why in all our law offices across the country, we ensure and maintain a very robust and advanced IT department. Furthermore, lawyers must also be able to transfer their knowledge to others and know when to delegate and ask for help and support when necessary. This would reduce burn-out and promote efficiency. Lawyers

must also continuously improve on existing knowledge, expertise and resources through trainings, seminars, webinars, conferences and oldfashioned studying in order to keep abreast and updated with our continuously changing laws and the current disruption the workplace has witnessed. Be open-minded, do not be averse to learning new things! Adjunct to this, lawyers should learn skills far beyond the knowledge of law. Asides from technological knowledge which I had earlier mentioned, other important skills include the ability of work collaboratively, negotiation skills, financial management, and the use of flexible business models to meet client needs; to mention but just a few. And last but not the least, having a positive mindset and being patient with the journey to success is key. Growth as we all know, cannot happen overnight. It takes time, hard work, commitment and support.

How can lawyers manage values and culture ensuring they fit within the firm's chosen strategy and the personalities and ambitions

of staff? It is true that there is a strong link between corporate value/culture and corporate strategy. Strategy sets the direction and tone while culture helps accomplish set goals. Company strategy can only be implemented if it is backed by company culture. Hence, the need to align staff values/culture, personality and ambition with company culture. To achieve synergy between a firm's value/culture and strategy on the one hand and the personalities and ambitions of staff, it is important to make effective healthy communication a top priority. Staff should be able to communicate effectively with top management and vice versa. The firm must also ensure that employee values and personalities align with the firm's strategy. This can be achieved through retreat sessions, trainings, and the like. Pinheiro LP's 20th retreat will be held this December 2021. It is always a brainstorming session. Continuous training of staff to improve skills and promote the efficient use of available new technology would also help in forming the desired synergy. Implementing a routine feedback culture to foster better practices. Such as weekly or monthly review meetings.

www.esq-law.com

Encouraging accountability between employees. Improving staff support and implementing the culture of employee engagement.

What Is The Role Of Young Lawyers Being Coached And Mentored In This Period Of Low Business? No doubt since the declaration of lockdown early last year occasioned by the covid-19 pandemic

www.esq-law.com

coupled with other associated crises such as the End-SARS protest and the eventual prolonged JUSUN strike action, the business of legal practice has been on a decline particularly for young lawyers. Well, the recession in business is not peculiar to legal profession. It cuts across almost every sphere of the economy. Economic recession is not a new

Esq Legal Practice | 53

54 | Esq Legal Practice

Adebowale Kamoru

Chukwudi Enebeli

Jamiu Agoro

Bolu Agbaje Akadri

www.esq-law.com

Ajoke Ojikutu

Adetokunbo Davies

www.esq-law.com

Thaddeus Idenyi

Kehinde Daniel

Esq Legal Practice | 55

1 9 9 6 - 2 0 2 1 phenomenon. It has occurred several times over the last 10 decades or so globally. The good news is that, as experience has shown, there have always been recoveries and happily there are indices to show that the economy will pick up in no distant future. All hopes are not lost. The economic downturn is just for the meantime. Meanwhile young lawyers are admonished to double up their efforts and take up more challenges or tasks in different areas of law to put them at a more vantage position.

What role will collaboration and productivity play among lawyers? Can a local law firm really succeed in an internationalised legal market? I believe the growing complexity of transactions and clients' needs have necessitated the need for

56 | Esq Legal Practice

lawyers to collaborate across various areas of practice. This no doubt has challenged the traditional methods and ways that law firms were set up and conduct their practice. Since clients' needs are changing and transcending the traditional practice areas, disciplines, geographies, and jurisdictions. In order to keep up, law firms will need to collaborate as one firm may need the expertise of the other in a field they may not be relatively known for to meet existing client needs. The pandemic has allowed for inventive thinking and new ways of doing business, and as clients and companies continue to do business globally, confront technological and more regulatory issues, lawyers and their firms need to respond to globalization both as an organization and in

www.esq-law.com

Success in law practice can only be achieved through the platform and instrumentality of a partnership. Any person who thinks that a sole proprietorship is the way to go is in error and is living in the 16th century. At a critical time like this, my advice to law firm managers is to deploy new strategies, innovations, and creativity to ensure their firms continue to thrive and succeed. connection with the services they provide. This dynamic creates a demand for law firms with international capabilities, and a need for some firms to think beyond their geographic boundaries. In my opinion, there is no reason why a local firm cannot succeed in an internationalized legal market as long as they recognize that the landscape is changing and the ability to compete effectively for international work is changing with it. As the market continues to evolve, firms that operate primarily in a single jurisdiction need to find ways to play and work in a multi-local or multi-jurisdictional dimension.

Should the Business Development function in the firm still be viewed as a cost centre or value-add by law firm managers? The Business Development section is very essential in a well-structured law firm. They are responsible for attracting prospective clients, building engagement with the prospects, and ultimately turning opportunities into clients.

www.esq-law.com

There has to be a seed for there to be a harvest. A cornerstone of success and growth in any endeavour is self-improvement and continuous investment. Business development identifies new trends and market spaces for law firms to operate; project into the future and anticipate fundamental changes that may affect legal practice. Business developers identify, nurture and acquire new clients and opportunities to drive growth and profitability. It would be unwise to eliminate Business Development simply to save money as they are very critical to the survival and financial buoyancy of any institution. The categorisation of “cost center” or “value-add” does not mean one is better than the other; an organisation needs every department to work seamlessly together to achieve its goals. We at Pinheiro LP always receive the push and admonition of our Founding Partner, Kemi Pinheiro, SAN to treat legal practice as a business and understand that the essence of business development is to create long-term value for the firm from clients,

markets, and relationships point of view. The values and opportunities that business development provides are what matters to the firm, especially one that has its eyes set on being one of the best law firms in not just Nigeria, but the world. As Warren Buffet once said “Price is what you pay. Value is what you get.”

Recently, a new trend was noticed in Law firms in Nigeria especially among the commercial law firms. Founding Partners are transiting and handing over to non-founding managing partners of younger generations. This has been seen in some law firms like Banwo and Ighodalo, Olaniwun Ajayi LP, Aluko & Oyebode etc. Is this the new trend in law practice? What is the succession plan of the firm? Success in law practice can only be achieved through the platform and instrumentality of a partnership, any person who thinks that a sole proprietorship is the way to go is in error and is living in the 16th century.

collation of different strengths and different resources between formidable individual professionals. As part of international best practices, Pinheiro LP now has a succession policy. We currently have a Board of Partners that take all the decisions and in another few years, we would also designate a younger team as Managing Partner and Assistant Managing Partner to take over control of the helms of affairs. We are one of the few firms that boast of having a lawyer who started as an intern eventually became a full equity partner in the firm.

What should we expect from your firm in the coming years? Asides from continuing to provide exceptional bespoke legal services to our clients, Pinheiro LP has a number of projects we are working on; which I cannot fully disclose at the moment. However, one of such projects would be focused on giving back to society; focusing mainly on mentoring opportunities.

Partnerships allow for the

Esq Legal Practice | 57

AFRICA TECH

START-UP BOOM IS CREATING OPPORTUNITIES FOR LAW FIRMS In Cyber Law, Block Chain, Technology, Egypt, Nigeria, South Africa, Uganda Tech startups is a hot topic in Africa, and the growing innovation culture is giving rise to a proliferation of apps and digital platforms that are attracting seed funding.

his year alone, by mid August, 303 African tech startups had raised just over $1 billion, up 69% on 2020 figures, according to a report by Disrupt Africa.

58 | Esq Legal Practice

nother promising sign of growth in this space is that Briter Bridges, in collaboration with the GSMA Ecosystem Accelerator programme recently reported over 600 active tech hubs in Africa.

The growing number of African tech start-ups is creating an increasing demand for legal advice to help these new businesses avoid legislative pitfalls.

“A lot of tech start-ups come to us for help with their new business models to check for any issues that might raise a red flag related to legislation,” says Mahmoud Hazzaa, senior associate at Marghany Advocates in

www.esq-law.com

Cairo, Egypt. “The start-ups have one thing in mind, but legislators have a different way of thinking.” For example, he says, Egypt is plagued with security concerns that are always in front of the legislator's mind in terms of the protective interests of the country. So, the legislation does not easily allow anything that

www.esq-law.com

flies above the ground, which includes developing, testing or flying drones. He says one start-up had to develop and test its drones in Dubai, which are designed to help manage vast stretches of land for agricultural viability. “We have vast desert areas in Egypt.” Tech start-ups are focusing on the development of their products and not always

thinking about these types of issues, says Hazzaa. “Lawyers can anticipate these types of hurdles and help the start-ups to address them,” he says. In South Africa, a lot of fintech start-ups are creating disruption in the financial sector space, according to Natalie Scott, a director at Werksmans focusing on banking and finance, healthcare and life sciences.

For example, there is a lot happening in the crypto space and the digitisation of non-fungible tokens, which is the digitisation of assets. “An example of this is taking a digital photo of a famous painting like the Mona Lisa and offering it for sale in an electronic format,” says Scott Another is the first ever tweet of Jack Dorsey, cofounder and CEO of Twitter,

Esq Legal Practice | 59

In 2020, Stripes, a leading fintech company in the US, acquired Paystack for over $200 million, to enable it to expand into the Africa market, she says. “Companies such as Jumia, Interswitch and Flutterwave have attained Unicorn status with valuations of over $1Billion.” Many tech start-ups have also expanded to other countries with the help of foreign partners, seed funders and angel investors. which sold for $2.9 million. “Crypto provides the platform for this,” she says. In the financial space there are many regulatory requirements that need to be navigated. This includes taking deposits from members of the public, or operating in this space without the huge cost of acquiring a banking licence. “We help them to find ways around challenges like these,” says Scott. Fintech is not an easy industry to operate in Egypt either, says Hazzaa. He says start-ups in this space need to partner with a

60 | Esq Legal Practice

bigger organisation, such as a bank or investment company or a combination of the two.

advising a number of health care tech start-ups.”

“All the successes we have seen in this field have done this.”

This includes helping those who are providing apps to consolidate a fragmented network of patient information.

In Egypt it's easier for startups to offer an investment facility to a qualified group of investors than to the public at large.

“So, when visiting multiple service providers, the patient doesn't have to keep on retelling their story,” says Hazzaa.

In areas such as fintech the legislation has a lot of catching up to do to accommodate new ways of doing business, says Hazzaa.

Werksmans' Scott says now that telemedicine is allowed in South Africa, tech startups are offering apps like Hello Doctor and Ollie Health, which allow patients to access and consult with doctors online.

He said there is also a lot of interest in the healthtech space and there is less red tape involved. “We are

“The Covid-19 lockdowns boosted the emergence of

this type of app, because doctors were complaining that their waiting rooms were empty. “There are legislative challenges around this type of service, but they are all navigable.” She says while legislation does need to catch up with everything that is tech related, this needs to be balanced against the need to protect the individual. “We can't throw the baby out with the bath water.” The most significant start-up activity over the past two years in Africa is in the fintech, agrictech and healthtech sectors, says Ivy Osiobe, executive associate at GIWA-OSAGIE & CO of

www.esq-law.com

The pandemic forced many people to work remotely and learn online. And this gave rise to innovations like office management, and cybersecurity systems, virtual meeting rooms and e-signature tools, she says. “It also led to the huge growth in online education platforms and ecommerce ventures.”

Lagos, Nigeria. She says it is notable that Nigeria has had the highest volume of tech start-ups in Africa, with over 750 currently, and South Africa has the second largest number as reported by Quartz Africa. In Nigeria, the major growth has been in the fintech payment subsector, mainly triggered by the cashless policy introduced by the Central Bank of Nigeria. This has resulted in the emergence of fintech companies offering epayment platforms to SMEs, multinationals, governments, government agencies, NGOs, and educational institutions. The performance and growth of fintech companies like Flutterwave, Paystack and Piggy bank have been impressive, says Osiobe.

www.esq-law.com

Earlier in 2019, Global payments giant, Visa had acquired an equity stake in Interswitch for $200million and we provided legal advisory services to Visa on that transaction. In 2020, Stripes, a leading fintech company in the US, acquired Paystack for over $200 million, to enable it to expand into the Africa market, she says. “Companies such as Jumia, Interswitch and Flutterwave have attained Unicorn status with valuations of over $1Billion.” Many tech start-ups have also expanded to other countries with the help of foreign partners, seed funders and angel investors. Basilia Onuoha, associate at Giwa-Osagie says tech startups in Nigeria, like LawPavillion, DIYlaw, LawPadi, Vazi Legal, NLegal are creating access to legal services by bringing

lawyers close to clients all over Africa. This is enabling lawyers in different jurisdictions to interact and share legal ideas with one another. Tech start-ups should be encouraged by having to pay less tax or not to pay tax at all, says Onuoha. African governments should also be open to financing African tech start-ups, which are mainly funded by angel investors, venture capitalists and foreign investors, says Onuoha. Most of the tech start-ups that have recently mushroomed on the continent are responding to the challenges brought about by the COVID-19 pandemic, says Alice Namuli Blazevic, partner at Katende Ssempebwa & Co Advocates (KATS) in Kampala, Uganda.

The exponential growth of the use of the internet is helping to drive innovation in Africa, says Blazevic. “Most cities now have fibre and many governments are investing in technology infrastructure.” Her firm co-founded the Legal Innovation Hub in Kampala in 2017, where legal tech solutions are developed and tested before they go to market. The hub provides a space where tech start-ups can collaborate with legal professionals and enables technologists to bring legal tech ideas and developments to fruition. “And the hub attracts investors,” says Blazevic. “My firm has also continually provided pro bono legal advice to tech start-ups who are unable to afford legal services in their infancy,” she says.

Esq Legal Practice | 61

14 | Esq Legal Practice

www.esq-law.com

How to Increase your brand value. The Ronaldo & Messi Case Study Football players are brands, often very valuable brands. Football clubs are brands too, and they're also often very valuable. In this article we look at how the value of football player brands can impact on the value of the brands of the clubs they play for. A STEP BACK

e have in previous articles discussed both the value of football player brands and football team brands. We've looked at how two players, Lionel Messi and Cristiano Ronaldo, have dominated world football for many years, each winning the Ballon d'Or (the

www.esq-law.com

trophy awarded to the world's best player) multiple times. We've seen how assiduously top players protect their brands as in Ronaldo's case, his CR7 mark derived from his initials and his shirt number, plays a big role. Whereas Messi has had to work long and hard to get his name registered in the face of opposition from the owner of the brand Massi. We've

noted how top players have considerable trade mark portfolios, with Messi topping the list with 115 registrations, followed by Neymar and then Ronaldo. We've also reviewed top football clubs, and the values of their brands. We've noted that the most valuable clubs are Real Madrid (EUR1.28-billion), Barcelona (EUR1.27-billion),

Manchester United (EUR1.13-billion), Manchester City (EUR1.12billion) and Bayern Munich (EUR1.01-billion). Recent developments show how the values of footballers and football teams are inextricably linked.

SOME SHOCK MOVES Messi and Ronaldo have both moved clubs, Messi

Esq Legal Practice | 63

We've seen how assiduously top players protect their brands as in Ronaldo's case, his CR7 mark derived from his initials and his shirt number, plays a big role. Whereas Messi has had to work long and hard to get his name registered in the face of opposition from the owner of the brand Massi. We've noted how top players have considerable trade mark portfolios, with Messi topping the list with 115 registrations, followed by Neymar and then Ronaldo. leaving Barcelona where he spent twenty years for the French club PSG, and Ronaldo leaving Juventus for the club where he first made his name, Manchester United. In Messi's case the motivation was almost certainly financial – Barcelona is in serious financial trouble and they cannot afford to pay the sort of money that players like Messi expect. In the case of Ronaldo, it's not quite as clear what his motivation was, but it's possible that he saw Manchester United as the perfect place to end a stellar career.

IMPLICATIONS OF THE MOVES The possible implications of the Messi move are discussed in a recent article. According to the article, “FC Barcelona, now the second biggest football club trade mark risks losing its place to the club Paris Saint-Germain (PSG) as a result of Lionel

64 | Esq Legal Practice

Messi's departure”. It goes on to suggest that “this departure may not only impact on the club's quality of play but also its finances and especially its intellectual property rights”. There's a reference to an article in Brand Finance (6 August 2021) that estimates that the departure of Messi could reduce Barcelona's value by 11%, resulting in a loss of GBP137-million. On the other hand, the article predicts good things for PSG. The club now has two of the biggest footballers in terms of brand portfolio, Messi and Neymar. It suggests that Messi's large trade mark portfolio (115 trade marks) “is also an asset for the club that recruits him, as it increases its importance and influence”. The club “could see the value of its brand increase considerably”.

The article goes on to make the point that the signing of Messi led to a 100% rise in the value of PSG's cryptocurrency, the PSG Fan Tokens, taking the tokens' capitalization to some GBP144-million in three days. As for Ronaldo's move, there was fevered speculation as to whether he would reclaim his old number 7 shirt. The iconic shirt he previously wore, was also worn by Manchester United legends like George Best, Eric Cantona and Ryan Giggs. It was never a doubt really, especially given that Ronaldo's own brand is CR7. The holder of the shirt, Edison Cavani, was given another number and the money immediately started flowing in. Within the space of a few days, before the kick-off of the match in which Ronaldo would make

his return, no. 7 replica shirts worth some GBP187million had been sold, more than covering Ronaldo's transfer fee. As significant (apparently) was the fact that the announcement of Ronaldo's move attracted 13 million likes on Instagram, and 700 000 more mentions on Twitter than the news of Messi's move!

WHAT THIS STORY TELLS US It merely confirms what we already knew - IP rights are extremely effective moneygenerators that play a huge role in high-level sport, as indeed they do in so many areas of life. It's well worth investing in them and protecting them.

Rowan Forster Executive | IP rforster@ENSafrica.com +27 83 440 3170

www.esq-law.com

How Women Lawyers “Should” Dress In recent months, several articles have been published discussing “appropriate” attire for women in professional office settings, and more specifically, in law firm settings. What is troubling about these articles is not the substantive message, necessarily.

t bottom, these articles are suggesting that women should dress according to the professional standards of the industry, which is not an entirely off-the- wall proposition. But the negative tone and significant editorializing contained within these posts can be a bit difficult to overcome. For female legal practitioners who happen to love fashion, there is a fine line between exploring

www.esq-law.com

fashion, expression, and personality through attire and adhering to the professional expectations–reasonable or not–of the legal industry. Given that the industry is still male dominated, it is arguably the world according to others, but we are living in it. In the end, we have reconciled that the envelope may be pushed, but slowly, and that the only way real change will occur is when women arrive consistently and steadily at the top…but the challenge is

Esq Legal Practice | 65

For female legal practitioners who happen to love fashion, there is a fine line between exploring fashion, expression, and personality through attire and adhering to the professional expectations–reasonable or not–of the legal industry that we do not want to jeopardize our chances of getting there. For guidance, here are five key rules for remaining true to yourself and your fashion sensibilities while also adhering to the expectations of the legal industry:

Be Yourself There are certainly rules of thumb in terms of what is proper in a professional setting. Assuming that you are keeping these rules of thumb in mind, however, the most important thing is to remain true to yourself. For example, Hillary Clinton has made famous genderneutral, hyper-professional attire, and indeed this is a safe way of dressing so as to be taken seriously. But, if that is not you, then it is futile to try to adopt this persona. In fact, it is arguably harmful to your career, as you cannot be your most confident, poised self if you are not comfortable with how you look. Within reason, wear what you like and what makes you feel and perform your best. This (in addition to good substantive work) is

66 | Esq Legal Practice

the quickest path to earning the respect and trust of your colleagues.

When In Doubt, Wear A Suit A smart suit is your best tool for making a bold statement without compromising one inch in terms of professionalism. A welltailored skirt or pant suit (yes, pant suits are acceptable in a legal setting for women, too) and a conservative, but colourful or interesting silk blouse are gorgeous from a fashion perspective and no nonsense from a work perspective. This is easily the best of all worlds, and should be your go-to anytime you are in doubt.

Do Not Make Them Avert Their Eyes There are undoubtedly articles of clothing that tend to make colleagues, men and women alike, both want to look and not want to look. Broadly speaking, these items include: skirts that are too short; ultra-form-fitting dresses; any items that expose the entire shoulder, arm, or upper chest area; and open shoes like sandals. Here is the bottom line:

www.esq-law.com

There are undoubtedly articles of clothing that tend to make colleagues, men and women alike, both want to look and not want to look. Broadly speaking, these items include: skirts that are too short; ultra-form-fitting dresses; any items that expose the entire shoulder, arm, or upper chest area; and open shoes like sandals. there is no real need to wear items like this in a professional setting and doing so may compromise your career. Also, as men do not even have the option of wearing any of these items (strappy sandals, short shorts, form fitting shirts, etc.), in order to stay on equal footing with our male colleagues, it makes sense not to inject these items into our professional wardrobes. For women lawyers who want to get ahead, there is simply no article of clothing, or no level of dedication to fashion, that should justify career compromise. In the end, we want attention for our substantive work product, for the contributions we are making to our office as a whole, and for our potential moving forward. If the decisionmakers are distracted or otherwise forced to avert their eyes, your brilliance and work and efforts may be lost on them.

Listen To Your Inner Voice

our respective working environments. If, at any time, your inner voice raises a concern (Should I wear a suit to this networking event? Is this dress too tight for a client meeting? Should I wear tights?), listen to that concern and make adjustments. And, if you are unsure, send a quick picture text to a friend or colleague who is familiar with the realities of your career and will give you quick, honest feedback. 5. Think About Your LongTerm Goals Right or wrong, there is no question that something as non-substantive as attire can impact the trajectory of your career. So, keep your longterm career goals in mind as you plan your professional wardrobe, and use these goals as incentive to dress according to your office's expectations. Then, when you get to the top, as we are sure you will, start pushing for all of the changes you wish to see in the legal world.

We have consistently found that we are our own best gauge for whether we are dressing appropriately for

www.esq-law.com

Esq Legal Practice | 67

HOW LAW FIRMS CAN COMPETE WITH ALTERNATIVE LEGAL SERVICE PROVIDERS CAN THE GROWTH OF ALSPS BENEFIT BOTH CONSUMERS AND LAW FIRMS? Alternative legal service providers (ALSPs) have generated a whole new level of competition for law firms that generally practice in specific geographic areas and for specific sorts of customers in recent years.

LSPs are having a big impact on legal practices across the country, whether it be a personal injury law firm, one that specializes in contractual negotiations, immigration, or nearly any other field of practice. The Thompson Reuters Legal Executive Institute, Georgetown Law School's Center for the Study of the Legal Profession, and Oxford University's Said Business School recently collaborated on a qualitative and quantitative study to better understand the impact of ALSPs and to assist law firms in navigating the new legal market landscape. ALSPs, according to the study, provide: Ÿ Specialized services are

68 | Esq Legal Practice

available at a lesser cost than law firms. Ÿ Cost-cutting opportunities for law firms. Ÿ Massive-scale procedures that are repeatable and efficiently manage large data sets. While ALSPs initially attracted consumers seeking low-cost legal services, they are also attracting corporate clients and others seeking legal expertise in a certain field. According to the report, more than half of all law firms that employ ALSPs do so to take advantage of a certain area of legal expertise. The expansion of local legal services, rather than cost reductions, is a factor in such decisions.

Defining the ALSP Competition ALSPs, according to the Thompson Reuters report, are a mix of legal and nonlegal companies that provide basic legal services throughout a wide geographic area. They frequently work with law firms to enhance their legal services, or they allow potential clients to represent themselves in court. For instance, standardized federal bankruptcy filing aid, legal assistance with property disputes, or assistance with immigration filings are all examples. These are just a few examples of the enormous range of prospective client services provided by ALSPs, which were

previously the domain of established law offices, and a sign of future encroachment. Independent LPOs, eDiscovery services, and document reviews are some of the most frequent legal services provided by ALSPs. They frequently provide vital legal documentation services to corporate clients and their respective law firms and legal departments. These generate around $6.2 billion in annual income. Many ALSPs also offer accounting and auditing services, a $900 million per year sector. Accounting and auditing services are provided by such firms, who typically work with high-volume clients who have vast data sets to analyze.

www.esq-law.com

ALSPs also support a $900 million annual contract legal and staffing services business. The Competitive Environment is Changing ALSPs, which have substantially lower operating costs than typical law firms, compete directly with law firms across the country. Rather than employing highly educated and licensed attorneys, they frequently rely on paralegals and specifically trained people to perform basic and broad legal services. This offers them a significant cost advantage in terms of labor. Many ALSPs have

www.esq-law.com

prominent web profiles and reach a large number of people. Legal Zoom, Nolo, and Rocket Lawyer are examples of companies that provide clients with prepackaged legal services at affordable prices and in a convenient manner. They have far cheaper operating costs than law firms with physical locations; they never close; and they have a large marketing reach through Google and other search engines. ALSPs are formidable challengers to traditional legal firms due to their lower operating expenses and broad reach. It doesn't have to be this this. ALSPs can become strong allies who assist law firms expand over time, rather than tough competitors. Here's a deeper look at how it's done.

Esq Legal Practice | 69

Promoting local successes and connections is the best approach to assure a consistent stream of local clients. Many law firms have strong local reputations in their fields of practice. Part of that stellar track record can be attributed to solid ties in the local legal community. Expanding Legal Services Markets A law firm can benefit from the expansion of ALSPs in a variety of ways while maintaining a high level of legal service and customer satisfaction. ALSPs are used by around a third of law firms for online research, e-discovery services, and document reviews. This lowers the cost of delivering legal services on a local level while increasing chances for expansion. When an ALSP delivers a specialized legal service outside of a law firm's usual field of practice, the law firm's potential market is expanded. Artificial intelligence is also used by several ALSPs to dissect data sets and deliver substantial legal research results. The potential for market growth among ALSPs is growing as artificial intelligence develops and grows. When

70 | Esq Legal Practice

opposed to hiring more attorneys who must work out of the firms' offices, law firms that build partnerships with ALSPs can extend their portfolio of legal services and generate additional revenue streams for a comparatively minimal investment cost. ALSP-adopting law firms can continue to provide excellent legal services to a growing client base while also increasing their legal services markets. Artificial intelligence offers ALSPs and the law firms that work with them a unique chance for growth. ALSPs have the potential to be effective commercial partners for traditional law firms due to their combination of technical innovation and legal services.

Grow Opportunities in Local Markets When a legislature passes a legislation, how it affects a politician's local constituency and how that constituency reacts determines whether or not the act is successful. The same can be said of law firms. Promoting local successes and connections is the best approach to assure a consistent stream of local clients. Many law firms have strong local reputations in their fields of practice. Part of that stellar track record can be attributed to solid ties in the local legal community. Federal and state laws, as well as their legal interpretations, apply to legal filings. Local law firms with strong ties to the legal and local communities are familiar with the judges and other legal staff in the area. That local connection frequently translates to

higher legal success, which can assist law firms better sustain a local client base. Law companies with a strong track record of accomplishment can benefit from word-of-mouth referrals from satisfied clients. Referrals from wellknown people and organizations are the most powerful form of endorsement in the marketing world. Law companies that increase their legal services by taking advantage of ALSP growth prospects can expand inside their current local markets. ALSPs give legal firms a competitive edge over those who continue to operate in a traditional manner, ignoring changing market conditions. Without a doubt, the rise of ALSPs is altering the legal industry's competitive landscape. ALSPs are a potentially effective commercial friend for law firms across the country because of their widespread, around-the-clock services and specific areas of legal expertise. ALSPs are viewed as prospective business partners by many law firms, who use them to increase legal services and business opportunities. When done correctly, this results in improved legal services for clients and more opportunities for law firms.

www.esq-law.com

YOU CAN NOW PUT YOUR LAW FIRM PROFESSIONAL PROFILE ON TWITTER Professional profiles on Twitter are now available to all businesses. Law firms can now have professional profiles on the platform.

his new feature has been in beta for a while, but now the platform is making it available to everyone. Exclusive features will be available through Twitter's professional profiles. It will be easier to introduce potential clients to your firm's services if you have a professional profile. In the past, Twitter invited businesses to create a professional profile. A firm can now obtain a professional profile if it fits specific criteria.

businesses, and others can now display information such as: company location and a small map – anyone who clicks on the listing will be directed to your law practice. While this is an optional feature for a law practice, many provide 24hour call capability, which is vital for clients. The profile might also show potential clients what days and times they can reach the firm at their address.

From Standard Profiles to Professional Profiles

Companies can contact you via phone, text message, Twitter Direct Message, and email. This information can be found in the "About Module."

Professional profiles, which are a free upgrade to regular profiles, are useful for a variety of reasons, including the ability to include information that isn't available on a normal profile. Law firms, publishers, developers,

www.esq-law.com

How to get in touch with the company

Furthermore, while not all of the new features have been activated yet, they will be enabled over time. There will be more advanced

Professional" to convert a normal account to a professional account.

features that folks with a standard profile will not be able to use.

Ÿ After then, you simply follow the directions.

The Shop Module and the Newsletter Module are two of the most recent features that you may add to your firm's company profile right now. A business can use the Shop Module to display products in a carousel at the top of the profile page. The firm can include a Subscribe button in the Newsletter Module, allowing users to subscribe to your mailing list.

The following are the additional eligibility conditions that your law practice must meet: Ÿ Clients/customers visit a physical site to conduct business. Ÿ Unless the attorney(s) Ÿ encounter clients in their homes, this could be a problem for a virtual law firm. Ÿ Be based in the United States and tweet in English.

Qualification for a Professional Twitter Account Your law practice must have a professional Twitter account in order to be considered for a professional profile. From the Settings screen,

This could be a problem for those who speak more than one language and provide translation services to their clients. This new Twitter feature has the potential to increase your law firm's marketing and client reach.

Ÿ select "Switch to

Esq Legal Practice | 71

How a Law Firm can use Instagram Effectively Many law firms take use of the advantages that social media provides. These firms use social media sites like Facebook, Twitter, and LinkedIn as part of their marketing strategy. Instagram, on the other hand, is a kind of social media that many law firms have yet to explore.

ith 500 million daily active users, law firms may utilize Instagram to grow their following, engage new clients, recruit talent, and establish their brand.

Instagram Etiquette Instagram is a tablet or smartphone application that allows users to record and edit photos and videos. Instagram and other social media sites, such as

72 | Esq Legal Practice

Facebook and Twitter, allow users to publish photographs and videos. Users can either follow what other people publish or send private messages to a specific group of people. Instagram can be used by businesses, especially law firms, to promote themselves and obtain consumers or clients. Users who are actively involved Instagram's high user engagement rate is what makes it so lucrative. Across all industries, Instagram

outperforms Facebook and Twitter in terms of median engagement. According to webstrategies.com, the median engagement for Instagram across all industries is 1.73 percent. Facebook comes in second with 0.16 percent, followed by Twitter with 0.046 percent. According to the Instagram Brand Blog, 50% of Instagram users follow a business, and 60% learn about a product or service on the platform.

Goals for Instagram On Instagram, law firms can gain followers and engagement by doing the following: Branding: Instagram can be used to promote law firms. Instagram photos and videos can reveal a legal firm's personality. It provides an opportunity for clients, potential clients, and others to get to know the firm on a more personal level. Personal tales about the firm's attorneys and

www.esq-law.com

clients can be included, as well as alerts regarding legal developments and when people should seek legal help. Instagram can be used by legal companies to acquire lawyer talent. The majority of Instagram users are under 35 years old. A law company might post photos and videos to give clients a sneak peak into what they do. The corporation can see the most recent images from accounts it is following by pressing the home button. The firm

www.esq-law.com

may search for accounts, people, places, and hashtags using a magnifying glass button. The + sign in the square represents a camera button that the company utilizes to upload and share films and photos. The firm can see the most recent likes and comments on photographs thanks to a heart button. A circular photo (profile) button gives the firm access to the settings menu as well as an account of what the firm has posted. Useful Instagram

tips How can a law firm make the most of Instagram?

Strategy: Before publishing its first Instagram photo or video, a law firm should create goals. The firm can form a planning committee to identify goals, assign posting responsibilities, and determine how frequently to publish. Young associates who are active on Instagram and other social media

platforms should be included in the planning process, and one of the associates should be assigned the duty of posting on Instagram.

Sharing Content: A law company can use Instagram to disseminate blog posts, articles, and videos across all social media channels. Emojis are a fun way to show off your company's personality. A

Esq Legal Practice | 73

It takes effort and planning to use Instagram effectively. When used properly, a law firm's use of Instagram can help them reach their objectives. It has the potential to portray a firm that is involved in the community, forward-thinking in its problem-solving approach, and skilled in its field of law law firm can offer advice on how to get Instagram users to use its services. The firm can speak about hot-button legal issues, emerging issues, or recent legal reforms.

Culture: A law firm can utilize films and photographs to show what it's like to work there. Bios of the firm's lawyers help to humanize the firm. The firm might offer the impression of being a location where lawyers wish to work and clients can entrust their legal issues.

74 | Esq Legal Practice

Hashtags: Hashtags should be used effectively by a law practice. In the subtitles of videos and images, a law firm should use hashtags. General hashtags, geographic hashtags, and branded hashtags with the firm's name or practice areas should all be included. More Instagram users will be able to see the legal firm's posts now that hashtags have been added.

Result:

When used properly, a law firm's use of Instagram can help them reach their objectives. It has the potential to portray a firm that is involved in the community, forwardthinking in its problemsolving approach, and skilled in its field of law. As a result, clients and potential clients may be more engaged, more users may seek legal services from the company, and new lawyers may express interest in joining the firm.

It takes effort and planning to use Instagram effectively.

www.esq-law.com

Coup against Governor's Consent under the Land Use Act: The Supreme Court's Recent Decision in Yakubu v. Simon Obaje In a recent decision handed down by the Supreme Court of Nigeria, in Yakubu Ibrahim & Ors. V. Simon Obaje (the “Yakubu case”), the Supreme Court, held that the provision for Governor's consent for alienation of interest in land under the Land Use Act does not apply to land not covered by statutory rights of occupancy, where the alienation is between private individuals, and there is no overriding public interest or conflict between the parties.

his landmark decision was recently followed and applied by the High Court of Cross River State sitting in Calabar, (the “High Court”), in Daniel Kip v. The Government of Cross River State & 3 Ors (“Kip's case”),where, in re- echoing the pronouncement of the apex Court in the Yakubu's case, the High Court held that Governor's consent is not required for alienation of interest in land in all cases; and that private individuals are entitled, without Governor's consent, to transfer or alienate their interests in land not covered by a statutory right of occupancy, on the same grounds as the Yakubu case.

www.esq-law.com

Prior to the decision of the Supreme Court in the Yakubu's case, our superior courts had in a long-line of cases, starting with the Supreme Court's decision in Savanah Bank v. Ajilo (the “Savanah Bank's case”), consistently held that under the relevant sections of the Land Use Act, 1978 (“LUA”), the Governor's consent is a mandatory requirement for any transfer or alienation of interest in land within a state, and that failure to do so renders the resulting transfer or alienation null and void. Obviously, the decision in Yakubu's case represents a paradigm shift from the rule

as we know it, and thus upends the established legal position laid down in Savanna Bank. This has created some confusion or uncertainty for landowners, businesses and real-estate practitioners who are at a loss as to the appropriate legal position that applies to the requirement for Governor's consent on the alienation of any form of interest in all land. The objective of this publication, therefore, is to clarify this seeming conflict by reviewing the law as it was, the new twist introduced by the Yakubu's case, and its impacts on real estate transactions such as mortgages, assignment, and subleases touching on

alienation of interest in land in general.

THE LAND USE ACT IN PERSPECTIVE The Land Use Act, promulgated in 1978 (the “Act”), is the most important legislation on land tenure system in Nigeria. It was motivated by the need to make land accessible to all Nigerians; prevent speculative purchases of communal land; streamline and simplify the management and ownership of land; make land available to governments at all levels for development; and provide a system of government administration of rights that would improve tenure security. Under the Act, all land comprised in the territory of every State in Nigeria is vested solely in the Governor of the State, for the use and common benefit of all Nigerians. To ensure an effective administration and implementation of the

Esq Legal Practice | 75

foregoing policy objectives, the Act, among others, created a regime of rights of occupancy in place of the hitherto unrestricted property rights. Specifically, the Governor is empowered under the Act to grant statutory rights of occupancy to any person for all purposes. Another provision of strategic import in the Act is the requirement that any person who enjoys a statutory right of occupancy in a particular land, and who desires to transfer or alienate interest in the land, must do so with the approval or consent of the Governor of the State where the land is situate, for the transfer or alienation to be valid. Specifically, Section 22 of the Act provides as follows: “It shall not be lawful for the holder of a statutory right of occupancy granted by the Governor to alienate his right of occupancy or any part thereof by assignment, mortgage, transfer of possession, sublease or otherwise howsoever without the consent of the Governor first had and obtained.” The implication of the above excerpts and other relevant provisions of the Act, is that any transaction, which claims or purports to confer

76 | Esq Legal Practice

Another provision of strategic import in the Act is the requirement that any person who enjoys a statutory right of occupancy in a particular land, and who desires to transfer or alienate interest in the land, must do so with the approval or consent of the Governor of the State where the land is situate, for the transfer or alienation to be valid or vest any rights or interest over land outside the clear provisions of the Act, will be null and void. On the strength of the foregoing provisions, the prevailing view which had received judicial nod, was that procuring Governor's consent is a condition precedent for a valid alienation of interest in land, such as assignment, mortgages, long leases amongst others, notwithstanding the peculiarity of interest or rights that may attach to each land and the nature of parties involved in the transaction. However, in what appears to be a judicial volte face, the Supreme Court, in the Yakubu's case departed from the above settled rule entrenched in the Savanna Bank's case. Specifically, the Supreme Court held that Governor's consent is not required to transfer interest in land, if the land is not covered by a statutory right of occupancy, and the transfer or alienation is between two private individuals, and there is no

overriding public interest or conflict between the parties. Surprisingly, despite the decision in the Yakubu's case, nothing seems to have changed as majority continued under the impression or belief that the requirement for Governor's consent for alienation of interest in all land was the norm. In a very timely fashion however, the High Court, like a Daniel who came to judgment, recently toed the path set by the Supreme court in the Yakubu's case, thereby rekindling the hope of so many involved in real estate transactions, by removing what was previously a stumbling block in completing a number of transactions. To put the decision in the Yakubu's case and its amplification by the Kip's case in perspective, it is, perhaps, instructive to review the facts of the two cases for a proper appreciation of the philosophy which underpins the reasoning of the Supreme Court in arriving at its decision. To

do this effectively, however, it is imperative to first review the Savanna Bank's case.

THE SAVANNAH BANK CASE The first opportunity which presented itself for the Supreme Court to test the provisions of the Act bordering on Governor's consent for the transfer and alienation of the rights of occupancy (customary or statutory) in land was the Savanna Bank's case. The dispute leading to the decision arose over the question as to whether a person, who was already vested with a proprietary right or interest in land prior to the commencement of the Act and thus, deemed to be a holder of a right of occupancy pursuant to section 34 of the Act, required the consent of the Governor of the State before he could transfer, mortgage, or otherwise dispose of his rights or interest in the land. In resolving the above issue, the Supreme Court unanimously held that every

www.esq-law.com

right holder in land required the consent of the Governor of the State where the land is situated before any alienation or transfer of any interest in the said land. Specifically, Karibi – Whyte JSC stated that: “…I think the Court of Appeal was right to hold that every holder of a right of occupancy whether statutory or otherwise is regarded as having been granted the right by the Military Governor or Local Government as the case may be, for the purpose of control and management of all land comprised in the State. Accordingly, every such holder, whether under sections 5, 34 or 36 of the Land Use Act requires the prior consent of the Military Governor before he can transfer, mortgage or otherwise dispose of his interest in the right of occupancy. This means that section 22 is of general application to every rights holder under the Act pursuant to sections 5, 34 or 36 thereof. This decision was strictly adhered to and applied by the Supreme Court and indeed, the Court of Appeal, in subsequent cases. For example, in U.B.N. Plc v. Ayodare & Sons (Nig.) Ltd., the apex Court, relied on the Savanna Bank decision in reiterating the mandatory

www.esq-law.com

nature of the requirement for Governor's consent, when it succinctly stated that: “By virtue of the provisions of sections 21, 22 and 26 of the Land Use Act, Cap. 202, Laws of the Federation, 1990 a holder of a statutory right of occupancy who wishes to mortgage the property by assignment must first obtain the consent of the Governor of the State where the land is situate before carrying out the mortgage transaction. Similarly, the holder of a customary right of occupancy of land not in an urban area must obtain the consent of the Local Government where the land is situated. Where the requisite consent is not obtained, the transaction or instrument which purports to confer or vest the property in any person shall be null and void.” Similarly, the Court of Appeal in P.I.P. Ltd. v. Trade Bank applied the rule established in Savanna Bank's case, when Sankey, J.C.A.18 stated as follows: “By the principle of stare

decisis, I find that I must agree with the submissions of Mr. Jawondo, learned counsel for the appellants, no matter how unpalatable, that, in the face of the evidence before the court vis-à-vis section22 of the Act, exhibits 5, 6 and 7 are void. The decision of the Supreme Court in Savannah Bank of Nigeria Ltd v. Ajilo Vol. 20 (1989) NSCC135; (1989) 1 NWLR (Pt. 97) 305) is the plumbline by which all courts subordinate to the Supreme Court must be guided. In the more recent decision in Union Bank of Nigeria Ltd. v. Ayodare & Court must be guided. In the more recent decision in Union Bank of Nigeria Ltd. v. Ayodare & Sons (Nig.) Ltd. (2007) 13 NWLR (Pt.1052) 567, the apex court restated its position taken in the Savannah Bank v. Ajilo case. It held unmistakably and steadfastly that by virtue of sections 21, 22 and 26 of the Land Use Act, Cap.202, Laws of the Federation, 1990, a holder of a statutory right of occupancy who wishes to mortgage the property by assignment must first obtain the consent of the Governor of the State before carrying

out the mortgage.

In view of the foregoing faithful adherence by the Supreme Court and the Court of Appeal, the decision in Savannah Bank's case became, for the most part, an inviolable rule of law, observed by virtue of the doctrine of stare decisis, by all persons involved in land transactions including assignments, sub-leases, mortgages amongst others, across the country, until the Yakubu's case.

THE YAKUBU'S CASE In brief, the facts leading to Yakubu's case are that the Respondent as Plaintiff, filed an action against the Appellants as Defendants, at the High Court of the Federal Capital Territory Abuja, seeking inter alia, damages for trespass allegedly caused by the Appellants to the Respondent's property during construction activity. The Respondent also sought a declaration of title to the property which he allegedly bought by virtue of an Irrevocable Power of Attorney covered by a

Specifically, the Supreme Court held that Governor's consent is not required to transfer interest in land, if the land is not covered by a statutory right of occupancy, and the transfer or alienation is between two private individuals, and there is no overriding public interest or conflict between the parties. Esq Legal Practice | 77

The preambles to the Land Use Act, if looked at carefully and relating it to the case at hand, would reveal that the provision for consent of the Governor must not be applied to transfer of title or alienation of rights between private individuals where there is no overriding public interest or conflict between the parties certificate of occupancy issued by the Bwari Area Council in 1995. The Appellants however, denied the claim. The High Court found in favour of the Respondent. Dissatisfied, the Appellant appealed to the Court of Appeal. The appeal was also dismissed, as the Court of Appeal upheld the decision of the High Court. Consequently, the Appellant appealed to the Supreme Court. In considering the appeal, the Supreme Court on its own, raised the issue whether it was the proper interpretation of the law that the consent of the Minister of Federal Capital Territory (“FCT”), who occupies a position akin to that of a State Governor, was required before the title to the property in issue could validly pass to the Respondent. In resolving the issue, Ogunbiyi JSC, who delivered the lead judgement put it this way: “…. I agree with the Respondent's Counsel that

78 | Esq Legal Practice

it is not the intendment of the legislature that section 22 of the Land Use Act, on consent would limit and deny parties of their rights to use and enjoy land and the fruits thereto in a noncontentious transaction or alienation. The section cannot be given a literal interpretation as would be seen from the preamble. The preambles to the Land Use Act, if looked at carefully and relating it to the case at hand, would reveal that the provision for consent of the Governor must not be applied to transfer of title or alienation of rights between private individuals where there is no overriding public interest or conflict between the parties. The application of the various sections and provisions of the Land Use Act must be done with a view to the intendment of the drafters of the law, which is expressed often in the preamble.

This decision is to the effect that the Governor's consent is not required in all situations in which private individuals transfer or alienate interest in land not covered by statutory rights of occupancy, and there is no overriding public interest or conflict between the parties. Undoubtedly, the Yakubu's case clearly signaled a radical departure from the earlier position established by the Supreme Court in Savanna Bank, which had hitherto been strictly followed by all Courts in Nigeria. In coming to this decision, the Supreme Court invoked and relied on the general philosophy or purpose behind the enactment of the Act, as encapsulated in its preamble, which aims to preserve the rights of Nigerians to the use and enjoyment of the fruits of their land thus: “Whereas it is in the public interest that the rights of

all Nigerians to the land of Nigeria be asserted and preserved by law. And whereas it is also in the public interest that the right of all Nigerians to use and enjoy land in Nigeria and the natural fruits thereof in sufficient quantity to enable them to provide for the sustenance of themselves and their families should be assured protected and preserved.” There is very little doubt that in coming to the above decision, the Supreme Court was mindful of the harrowing concerns that have trailed the implementation of the Governor's consent as a requirement for perfection of title in land transactions in the country. The modification or qualification introduced to the rule that Governor's consent is required to transfer or

www.esq-law.com

alienate interest in land “in all cases” is salutary and aligns with the general intendment of the law. Overall, it is our view that the Supreme Court could not be more right, when it reasoned that the legislature could not have intended that section 22 of the Act – which provides for governor's consent before alienation, would limit and deny parties' rights to the use and enjoyment of their land or the fruits or benefits flowing from it, particularly in noncontentious transactions devoid of overriding public interest or conflicts. In the opinion of the authors, this decision is apt as it tends to reflect the plain language or meaning of the section as well as the overall objective of the Act as expressed in its Preamble. It is thus, a much welcome

www.esq-law.com

development for the land tenure system in the country. Rather unfortunately, however, notwithstanding this people / commercecentric approach adopted by the Supreme Court in Yakubu's case, it would appear that not many people are aware of the decision and its implication. Many people still carry on as though the rule on Governor's consent for alienation of interest in land, still applies in all situations irrespective of the rights or the parties involved. This was the position until the decision in the Kip's case, where the High Court amplified the Supreme Court's position in the Yakubu's case.

THE HIGH COURT DECISION IN THE KIP'S CASE Motivated by the radical

approach adopted by the Supreme Court in Yakubu's case and the seeming lack of awareness by members of the public coupled with the inaction on the part of public authorities who have the responsibility to ensure compliance with judgment, a certain Daniel Kip, a legal practitioner, approached the High Court of Cross River to enforce and take benefit of the decision of the Supreme Court in the Yakubu's case. The facts of the case, in a nutshell, are that the Claimant, Daniel Kip, a lawyer, relying on the relevant provision of the Constitution of the Federal Republic of Nigeria, 1999 (as altered) which requires that the judgment of the Supreme Court shall be enforced in any part of the country by all authorities and persons, including courts with subordinate

jurisdiction, sought to enforce the decision in Yakubu's case. In an action which he brought by way of an Originating Summons, he sought amongst others, a declaration that having regard to the decision of the Supreme Court in Yakubu's case, the requirement for Governor's consent under the Act does not apply to alienation of rights in land between private individuals where there is no overriding public interest or conflict between the parties. He further sought that the court should declare that the requirement for consent and demand for consent fees by the Cross River State Government through the Registrar of Deeds, for the registration of deed of assignments, deed of mortgages, deed of leases, debenture deeds, deed of conveyances and all other

Esq Legal Practice | 79

They argued that the Yakubu's case did not overrule the decision in the Savannah Bank's case, as the former was handed down by only five Justices of the Court, instead of a full panel (Seven Justices) that must sit over a matter requiring the Supreme Court to overrule itself and depart from an earlier decision. title documents between private individuals where there is no overriding public interest or conflict between the parties, is unlawful and illegal on the authority of the Supreme Court's decision in Yakubu's case. He further submitted that the decision in Yakubu's case having been delivered after, and being inconsistent with the decision in Savanna Bank must be taken to have impliedly overruled the Savanna Bank's case. He argued further that Yakubu's case reflects the new and correct position of the law, which not only binds the High Court, but should also be applied and followed by all other courts. Daniel Kip, who contended that as a lawyer, he had pending before the Register of Deeds, many applications for perfection of titles on behalf of his clients, prayed for an order mandating the Defendants to immediately register all such deeds including deed of mortgages, and all other title documents in respect of transactions between private individuals, where there are no overriding public

80 | Esq Legal Practice

interests or conflicts between the parties, and without the need for consent of the Governor or consent fees. In opposition, the Defendants, contended that the decision in Savannah Bank's case remains the law. They argued that the Yakubu's case did not overrule the decision in the Savannah Bank's case, as the former was handed down by only five Justices of the Court, instead of a full panel (Seven Justices) that must sit over a matter requiring the Supreme Court to overrule itself and depart from an earlier decision. The Defendants also argued that the Supreme Court can only depart from its decision upon a specific application made in that regard adducing convincing reasons, which was not the case in Yakubu's case. However, Justice Offiong of the High Court, dismissed the Defendants arguments and held that the Supreme Court is entitled to depart from or overrule its previous decision in any appropriate situation either

expressly or by implication. In other words, the Supreme Court as the apex court in Nigeria has the power and jurisdiction to depart from and overrule its previous decision whether or not it was sitting as full court. Justice Offiong further held that there are now two conflicting decisions of the Supreme Court on the same subject, in which case, lower courts, such as the High Court, were bound to follow the decision that was later in time.²⁴ Accordingly, the court ruled that it was bound by the decision of the Supreme Court in Yakubu's case and granted the reliefs sought by the Claimant. Thus, as it stands, the High Court decided that: (i) by virtue of the Supreme Court's decision in Yakubu's case, the provision for Governor's consent under the Land Use Act does not apply to transfer/alienation of rights not covered by statutory rights of occupancy which is between private individuals and where there is no overriding public interest or conflict between the parties; and (ii) the requirement of consent

and demand for consent fees for the registration of title documents in respect of alienation of interest regarding such land, between private individuals where there is no overriding public interest or conflict between the parties, is unlawful and illegal. The reasoning of the Honourable Justice Offiong is very well founded. This is because where there are two conflicting decisions of the Supreme Court on same subject, the latter case represents the position of the law and should be followed and enforced by lower courts.

IMPLICATION OF YAKUBU'S DECISION, RE-ECHOED IN KIP'S CASE FOR LAND TRANSACTIONS IN NIGERIA The Supreme Court is not only set up as a court to resolve disputes or interpret laws in matters that are brought before it, but also as a court of public policy. Thus, where there are gaps in any law following its implementation, the Supreme Court takes on the responsibility to fix those lapses when the opportunity presents itself, for the good of all, even where to do so amounts to revolting against its earlier decisions on an issue or legal point. This is exactly what has played out in the Supreme Court's pragmatic approach adopted by the Court in the Yakubu case, which, in the opinion of the authors, was

www.esq-law.com

rightly followed by the High Court in Kip's case. The strict application of the requirement for Governor's consent to transfer interest in land resulting from the decision of the apex Court in Savanna Bank's case, evolved into an albatross which for so long, made the ease of doing business regarding real property transactions, cumbersome, expensive, and unattractive. There is no doubt that the huge cost of procuring Governor's consent, coupled with delays from the unwieldy bureaucratic bottlenecks at the various land registries across the country, rendered the lofty objectives for the enactment of the Act, almost irrelevant. Thus, with the decision in Yakubu's case, re-enforced by the High Court in Kip's case, it is apt to say that there is light ahead, given that there is no longer the requirement to obtain Governor's consent in a land transaction between private individuals, where the land is not covered by a statutory right of occupancy, and where there is no overriding public interest or conflict. This is now the law going forward unless and until it is overruled again by the Supreme Court or amended by legislative intervention!

State Governors cannot continue to impose or charge consent fees or refuse to register instruments or title documents conveying interest in all land, on non-contentious land transactions between private individuals where there is no overriding public interest. only provide optimal benefits to the society when it is interpreted and applied in a manner that fulfils its objectives. This is exactly what the Supreme Court has done in the Yakubu's case, which has now been amplified by the High Court in the Kip's case. State Governors cannot continue to impose or charge consent fees or refuse to register instruments or title documents conveying interest in all land, on noncontentious land transactions between private individuals where there is no overriding public interest. Otherwise, such States will see a barrage of law suits akin to the Kip's case where there is an unwillingness to follow the decision of the Supreme Court in the Yakubu's case. All authorities of the respective State Governments and the Federal Government in charge of the administering consent on behalf of the State Governments across the country, and the FCT, have a duty under the

Constitution, to enforce this decision and are enjoined to take steps to ensure compliance. Notwithstanding the potential revenue loss that may arise from the inability of these States and the FCT to generate revenue from consent fees paid to obtain Governor's consent, the decision of the Supreme Court in the Yakubu's case will lead to more land transactions in States, which will invariably lead to an increase in the applicable capital gains tax and stamp duties to be received by the States as it pertains to the disposal of chargeable assets by private individuals, business names, partnerships within a state. More so, the Yakubu case has introduced a regime in Nigeria's land tenure system which will remove the huge cost of procuring Governor's consent in the affected land, delays from unwieldy bureaucratic bottlenecks at the various land registries across the country, which have rendered the lofty objectives of the Act, almost

irrelevant, and promote the ease of doing business in the real estate and banking sectors. As such, States and private parties alike, should embrace the new order of the day, as it relates to the requirement for Governors' consent in Land! Overall, to put the bubbling issue on the requirement for Governor's consent to rest and to ensure certainty in the law, it is recommended that the Act should be amended to remove the Governor's consent completely in all land transactions. While this view may not be popular amongst States due to revenue loss, a cost-benefit analysis (“CBA”), if undertaken by States, will reveal that they stand to benefit more from such an amendment, relative to the revenue loss. We encourage States to conduct the said CBA, perhaps, this will make them realize what they stand to gain from the suggested amendment to the Act.

CONCLUSION Law is an instrument of social engineering and can

www.esq-law.com

Esq Legal Practice | 81

Explore Seychelles Islands According to statistics, lawyers are hardly known for their ability to relax and have fun. Perhaps the fact that lawyers work some of the longest hours out of any other profession might have something to do with it.

he staggering caseloads, demanding clients, staffing shortages, and the myriad case duties mean that many of them rarely if ever, go on vacation. However, this isn't the way things should be. Just like

82 | Esq Legal Practice

every other profession, lawyers are entitled to their R&R. Going on vacation is not only good for your mental and emotional wellbeing, but it is also likely to make you much more productive once you get back to the office.

You may be pleasantly surprised to know that Africa indeed offers some of the best beach vacation experience in the whole world. While there are many great beach destinations in Africa, very few can rival the lure and charm of the Seychelles Islands. Located

deep in the Indian ocean, north-east of Madagascar, the Seychelles archipelago is a group of over 100 small islands many of which have incredibly beautiful beaches, and should be your next goal if you enjoy beach luxury.

www.esq-law.com

Mahe Island Even though the best beaches in the Seychelles are in Praslin Island, you should probably start your Seychelles vacation at Mahe Island. First, because it is the commercial centre of Seychelles, and second, because of the Beau Vallon. This magnificent beach will solve all your problems momentarily through its healing waves that sweep

www.esq-law.com

There is a lot for you to do and to see in Mahe, top of which include visiting the Botanical Gardens and thereafter the St. Anne's Marine National Park. At into the shoreline ever so gracefully. There is a lot for you to do and to see in Mahe, top of which include visiting the Botanical Gardens and thereafter the St. Anne's Marine National Park. At the

marine park, you'll easily get watery-eyed as you set your eyes on the beauty of the Sauzier Waterfall. At the centre of the capital, Victoria, you will find the famous clock tower which has its twin at the Vauxhall Road Bridge in London. The

tower was given as a gift in 1903 to symbolize the separation from Mauritius and the beginning of a new colony for Seychelles. Mahe offers you plenty of water sport activities chances, including snorkelling, deep-sea diving, and deep-sea fishing. Most of the hotels and lodges in Mahe offer the necessary facilities needed, so you do not need to

Esq Legal Practice | 83

worry. If you love paragliding, you and your bravery are in luck, for there is an available option to do so in Mahe. But if you fear that you might get a heart attack if you go paragliding, you can just hire a helicopter

84 Esq Legal Practice 66 |I Es legal practice

to take you on scenic flight excursions over the islands. How about treating yourself to a souvenir with mystical sexual powers? The 'coco de mar' is one such souvenir. Owing to its shape that is

similar to the female pelvis, is the subject of many legends, legends further enhanced by the fact that you can only find it the Seychelles. It is such an expensive nut that when you buy it, you receive a

www.esq-law.com www.esqlaw.net

well laid out paths lead you on a Seychelles discovery tour that you will never forget. A peek at one of the world's rarest birds, the Seychelles Black Parrot will be one of the highlights, though not the only one, for the ardent birdwatcher. La Digue island

registration number that acts as authorization for its sale. A perfect gift. Praslin Your best chance for getting

a coco de mar is in Praslin Island, which should be your next stop in the Seychelles. Other than just the 'coco de mar', Praslin hosts some of the most amazing beaches in the world, adding to the beautiful diversity in Seychelles. The beaches include Anse Lazio, Anse Georgette, Anse Kerlan and Anse Volbert, all of which stretch longer and wider than those at Mahe Island. Talking about special, how would you fancy a tour to where it all started? Valle de Mai is thought to have been the Garden of Eden where Adam set the trail for all men by falling prey to the forbidden fruit. The moment you set your eyes on this splendid nature reserve, any doubts you may have about this myth will take a back seat. It's open to tourists and is an absolute must-see. It's

www.esq-law.com www.esqlaw.net

zFrom Praslin, you should next go to La Digue island, which is a mere 30-minute ferry ride from Praslin. As you land on this magical island, where the main forms of transport are still bicycle and ox-cart, you will experience a deja vu feeling of years gone by. For a completely serene vacation away from the hustle and bustle of civilization, this is definitely the dream destination. La Digue hosts one of the world's most famous – and certainly most photographed beaches – Anse Source d'Argent. The Island also holds relics of another age, including a cemetery of the first settlers, a working calorifier (oven for refining coconut oil), giant tortoise pen and magnificent Creole mansion. Further away in the horizons, low corals ascend gradually into islands lands,

Esq Legal Practice | 85

churning up images from the scene in “Pirates of the Caribbean” where Jack Sparrow is stuck in an abandoned mystic island devoid of human life. Forget about the “abandoned” part, add elegant accommodation amid surroundings of breath-taking natural beauty and you have yourself the perfect hideaway island. Bird and Denis 52 miles north of Mahé, you'll find the glimmering world of the coral isles of Bird and Denis. In this lovely isle lies the opportunity for you to change careers to be a sailor. The safe mooring will keep you free of worry for your safety, with only the wind direction to worry about. Some charter companies even provide catamarans and Mono-hulls if you are interested. Other than sailing, the islands are home to the best snorkelling, fishing and diving conditions. The waters go as steep as 2km at

86 | Esq Legal Practice

Other than sailing, the islands are home to the best snorkelling, fishing and diving conditions. The waters go as steep as 2km at the edge of the shallow banks, giving rise to a rich aquatic ecosystem. The waters here are crystal clear and are a beauty to the eyes the edge of the shallow banks, giving rise to a rich aquatic ecosystem. The waters here are crystal clear and are a beauty to the eyes. The sea bird colonies, silver surf, golden sands, and nestling turtles will keep you busy the whole time. Normally, you wouldn't consider giant tortoises as a common tourist attraction.

But when you have 150, 000 of them, this becomes a topic of interest. Where else will you see this than in the Aldabra Atoll, yet another splendid Seychelles destination? The phenomenon is so marvellous that it has earned the Aldabra Atoll a UNESCO World Heritage Site status.

With a cocktail in one hand and lots of adventure simmering inside of you, enjoy Seychelles as much as you can since there's nothing like Seychelles.

www.esq-law.com

THERE IS MORE TO INSTAGRAM THAN JUST ATTORNEY SELFIES There are so many media channels available for law firms and lawyers that choose which one to utilize can be difficult. Which one will provide you the best return on your investment? Facebook and LinkedIn are the most popular social media networks among lawyers. Instagram, though, is a different story.

et's take a closer look at Instagram. As of 2020, this platform already has 1 billion monthly users around the world, including 130 million users in the United States. Instagram isn't just for sharing selfies, food images, and lavish vacation snaps. Instagram can be used for a variety of purposes, including direct messaging, uploading stories, purchasing, and more. Numerous law companies searching for exposure, conversions, and brand promotion might benefit from Instagram's adaptability and many beneficial tools. Posts can be made to attract the attention of present and potential customers. The site can also be used to network with

www.esq-law.com

other lawyers for referrals and other purposes. To begin, law firms and their attorneys must grasp the need of keeping work and personal lives distinct when considering creating an Instagram account. It's advisable to create two Instagram accounts, one for business and one for personal use, and keep them separate. Create a professional Instagram account for your company. You'll be able to run promos and adverts, as well as use the analytic tools, if you do so. You can create a law firm business account using your Facebook business account or by entering your phone number and law firm email address. Use the Instagram

link on other pages, such the company's Facebook page. On all social media platforms, Google My Business, the website, and directories, remember to use the law firm's actual, registered legal name. Take the time to enhance and make your Instagram profile easy to locate. Include the URL to the legal firm's website, as well as a description or slogan. Always add links back to the firm's website in any descriptions you publish, no matter how you set up an Instagram business account. What's next now that you've created a corporate Instagram account for your company? Create a strategy for sharing information about the company's culture

and brand. Here are some suggestions for you to consider: Ÿ All of the attorneys and partners should be introduced. Ÿ Introduce the entire staff as well as the various team members. Ÿ Important recent legal decisions in your professional areas should be posted. Ÿ In your posts, emphasize charitable and altruistic events. Discuss what is going on in the neighborhood. Ÿ Make a post about successful lawsuits and settlements. Ÿ Photographs and videos of the office and personnel should be posted. Ÿ Client testimonials are great for blog postings. Ÿ Each lawyer should share information about their professional areas but not legal advice.

Esq Legal Practice | 87

2021

MERCEDES BENZ E-CLASS: The Mercedes-Benz E-Class feels smooth and balanced on the road, with a seamless powertrain that goes about its business without much fuss. Acceleration is effortless. We tested the E 450 4Matic sedan. On the test track, it recorded a 0-60 mph sprint of 4.9 seconds, which puts it near the top of the class. The all-wheel-drive system does a great job of putting power to the pavement and making the E-Class feel sporty when you select the Sport drive mode.

he steering doesn't provide much in the way of feedback, but it's quick and light, making it easy to manoeuvre in parking lots or on tight city streets. In corners, the EClass feels composed without being stiff. Our biggest complaint is

88 | Esq Legal Practice

braking performance. While the brakes are smooth, our testing showed that the EClass posted some of the longest panic 60-0 mph braking figures we've seen

on a luxury car in a while. We suspect a better set of tires would improve things immensely.

Interior The refreshed E-Class' interior is basically the same as what came out in 2017 with a few small updates. It uses Mercedes' MBUX infotainment system, so you get a touchpad on the centre console to control

www.esq-law.com

The E-Class also gets the latest and greatest driver aids Mercedes has to offer. The adaptive cruise control maintains a tight gap in traffic, and it changes speed smoothly and quickly. The car can even slow down when the speed limit changes or when you're coming up on gentle curves the system. If you prefer a touchscreen, that's an option too. Most physical buttons are easy to see and understand. The biggest issue is the new steering wheel. It ditched hard buttons for capacitive touch ones and, unfortunately, it's not as intuitive as before. Dialling in a good driving position is easy thanks to the adjustability of the seat and steering wheel. All the controls and gauges are easy to see and reach. Forward visibility is fine, but the narrow rear window makes you appreciate the crisp backup camera. Getting in and out is fine up front. But the back seat isn't quite as spacious as the ones in some rivals, so taller occupants might find knee room lacking.

Comfort The E-Class nails the most important aspect of a luxury car: quiet refinement. The seats offer

www.esq-law.com

lots of support and adjustment, though the padding is located on the firm side. Even so, they remained comfortable after a few hundred miles behind the wheel. The ride is smooth and isolating without feeling overly disconnected. Our tester had the optional air suspension and we think it's well worth getting. This E-Class is quiet too, with little road or wind noise intruding into the cabin. Dip into the throttle and you get a smooth growl from the six-cylinder engine. It's just quiet enough to avoid attracting attention. The mild hybrid system allows for seamless engine stop-start functionality at stoplights, with no vibrations coming through when the engine shuts off or fires on. The climate control is also quiet, even at full blast. It works simply and evenly, and rear passengers will appreciate the air vents.

Interior Tech With the addition of Mercedes' MBUX infotainment system, the EClass rises to the top of the class in terms of overall tech. The new infotainment is a marked improvement over the old system thanks to a robust list of features, easyto-operate controls, and excellent device integration thanks to Apple CarPlay, Android Auto and a smartphone app, as well as some genuinely useful voice controls. The navigation system is easy to use, and the augmented overlay is great for turn-by-turn directions. We're also fans of the optional Burmester audio system.

when the speed limit changes or when you're coming up on gentle curves. We only wish the controls on the steering wheel were easier to use.

Storage At 13.1 cubic feet, the EClass' trunk is on the small side for the class, especially compared to the cavernous BMW 5 Series. That said, the space itself is wide and tall, so it's easy to actually fit items inside. The folding rear seats, which are split into 40/20/24 sections, help here too. Small-item storage up front is much better. Many luxury cars skimp on storage, but the E-Class does fairly well thanks to a decent-size centre console, door pockets and glovebox. The wireless charging pad means there's always a place for your phone. Getting a car seat in the rear shouldn't be too much of an issue most of the time, though larger seats may be a

Esq Legal Practice | 89

With numerous safety awards under its belt, the Mercedes-Benz E-Class comes packed with safety features. The exterior gets full LED lighting and rainsensing windshield wipers, and the interior is supplied with seven airbags, including side curtain airbags and a driver's knee airbag, and the option to add a further two rear-seat side airbags bit tight. Car seat access points are placed behind easy-to-locate plastic covers.

Safety With numerous safety awards under its belt, the Mercedes-Benz E-Class comes packed with safety features. The exterior gets full LED lighting and rainsensing windshield wipers, and the interior is supplied with seven airbags, including side curtain airbags and a driver's knee airbag, and the option to add a further two rear-seat side airbags. Driver assistance features such as active brake assist, crosswind assist, attention assist, and blind-spot assist are standard. A rear view camera, tire pressure monitoring, and a parking

90 | Esq Legal Practice

damage detector all require no additional cost. Optional safety tech includes evasive steering assist, lane-change assist, adaptive cruise control, a surround-view camera system, route-based speed adaptation, rear crosstraffic alert, and a system that can automatically park the car for you.

Fuel Economy The E 450 sedan gets an EPA-estimated 26 mpg combined. That makes its six-cylinder engine more fuel-efficient than both the turbocharged inline-four and turbocharged V6 found in last year's model. It's also better than a 2021 all-wheeldrive-equipped fourcylinder E 350, so you get both more power and better fuel economy. We managed

27.1 mpg on our mixeddriving evaluation route, which indicates the fuel economy estimates should be accurate.

Engine and Details After undergoing a thorough midcycle refresh for 2021, the turbocharged 2.0-liter in the E350 is joined by a new turbocharged 3.0liter inline-six engine with EQ Boost in the E450 4Matic

www.esq-law.com

from the German marque. The E-Class might not be as fun to drive as other midsize sedans like the Jaguar XF and the 5 Series, but it blends refinement and luxury into a consummate luxury cruiser.

What does EQ Boost Do? It helps provide extra go under hard acceleration (a boost of as much as 220bhp and 184lb ft., according to

producing 362 horsepower and 369 lb-ft of torque. This classy machine now features updated exterior styling and an even more sumptuous interior with new upholstery and trim choices and the same class-leading tech we've come to love

www.esq-law.com

Daimler), with energy recuperation for the battery, seamless start-stop functionality and extra help for cold starts. It also enables 'gliding', where the engine drops out of the equation temporarily to help save fuel.

Will the E-Class be a good value for money? Though the fifth-generation E-Class has been on sale since 2017, Mercedes-Benz has done an admirable job making its midsize luxury car feel new at every turn. The 2021 Mercedes-Benz EClass takes these constant updates even further, with a refreshed exterior and a slightly restyled cabin. The headlights and taillights closely resemble those on the smaller A-Class, while the grille is similar to the one on the GLE SUV. Inside, the E-Class gets Mercedes' latest MBUX infotainment system. It's a huge improvement over the older interface. The E-Class also gets a new steering wheel with capacitive touch controls, though the layout is functionally the same as the old one. Also new for the E 450 is a turbocharged inline-six engine paired to a mild hybrid system. It uses an electric motor that provides a bit of extra power when leaving from a stop and is slightly more fuelefficient than the previous V6. The E-Class' primary competitor has long been the BMW 5 Series. The current 5 Series keeps the

pressure on with a wealth of features and a plug-in hybrid variant for those looking for carpool access. The Audi A6, meanwhile, was recently redesigned and counts a high-tech cabin among its many strengths. And buyers looking for something sleek and stylish might want to check out the new Cadillac CT5 sedan or Mercedes' own CLS. The EClass also offers itself as both a coupe and convertible as well as the new high-riding All-Terrain wagon, all of which receive the same comprehensive updates as the sedan for 2021. Launch and Price Mercedes-Benz India launched the 2021 E-Class. The E-Class comes as a part of the German automaker's ongoing product offensive to launch 15 new offerings in 2021. The Mercedes-Benz E-Class starts at $84,805 and goes up to $107, 873 (ex-showroom). The saloon is available in 3 variants- Expression, Exclusive and the soon to launch AMG (E 350d) line. The bookings for the saloon have commenced and it can be booked at the MercedesBenz dealerships.

Esq Legal Practice | 91

DIVERSITY IN LAW SHOULDN'T START & END AT HIRING:

HERE ARE 4 WAYS TO DO MORE

Diversity is often viewed as a social responsibility that makes the world a better place, but businesses that see it as little more than a mechanism for performative progress are missing out. An ongoing McKinsey study proves workplace diversity is a force for innovation and increased profitability for businesses.

ore recently, McKinsey found that “diverse companies are more likely to financially outperform their peers” by up to 36%. And while more law firms and in-house legal teams are starting to prioritize DEI by hiring more diverse candidates, an excerpt on Racism — and even the American Bar Association — recently described the legal profession as the “least diverse of any profession.” One glaring example is the case of Asian American lawyers who represent more than 10% of graduates in top law schools yet remain the

92 | Esq Legal Practice

least likely group to be promoted to management in the United States, according to Harvard Business Review. Diversity in law shouldn't start and end at hiring. In addition to job opportunities, it's important to create inclusive policies and environments for marginalized legal professionals so they can thrive in the legal industry and contribute to innovation, profitability, and growth. Here are some steps you can take.

EDUCATE YOUR EMPLOYEES AGAINST BIAS Educate your employees against bias so that no one takes actions — purposefully or not — based on preconceived perceptions, stereotypes, and personal prejudices of a race or gender. Those actions are often unwise, unfair, or both. For example, according to research by Yale Law School, there's a harmful misconception that Asian Americans are hardworking and logical but not empathetic, creative, or assertive. Misconceptions

like these can cause less creative work to be continually assigned to legal professionals who would otherwise excel — just like the rest of their peers — at other tasks when given the opportunity. To effectively educate against bias, establish training resources that:

Point to the business case for diversity and inclusion Self-interest is a big motivator for action, so when people at your workplace understand everyone — not only under represented legal professionals — benefits from DEI efforts, they are more likely to cooperate. A good business case to point to for diversity and inclusion is the financial performance of diverse companies. As stated earlier,

www.esq-law.com

McKinsey reports that “Diverse companies are more likely to financially outperform their peers.” More business profits translate to better job security and maybe even cash bonuses for team members.

Paint clear pictures of what bias looks like: Most biases are implicit, incompatible with our conscious values yet caused and influenced by the society we live in against our own conscious awareness. You need to show examples of what bias looks like to draw people's attention to unconscious bias. Preferring one race over another is an example. You could recommend people take the Implicit Association Test by Harvard University — a visual implicit bias game test

www.esq-law.com

played on a computer — to uncover their implicit bias.

MENTOR MINORITY LAW STUDENTS AND JUNIORS

Finally, hold people accountable for their behaviors. Studies show when people expect to explain their actions, they tend to make less biased decisions. Therefore office policy should include wording that explains the consequences of discrimination.

You need to make an effort to mentor under represented law students and juniors because research shows they continue to be excluded from mentoring programs. Minority law school enrollment rates have dropped in recent years. According to American Bar Foundation research, fewer

Asian Americans and Black Americans have enrolled in law school since 2010. Given that you can't have a diverse team without minority lawyers in the first place, this is a problem that needs immediate attention.

Make provision for internships for under represented students According to Forbes, 43% of students who snag internship interviews land those interviews through

Esq Legal Practice | 93

family connections, connections marginalized students don't often have.

Pay minority students for internships — Many minority students are low-income and cannot afford to take unpaid internships. If paid internships are unavailable to them, they'll work other jobs that pay but don't necessarily help with career development.

their careers. When you include minority students and legal professionals in mentoring efforts, they will have most of the resources they need to thrive in the legal profession. When young bright marginalized students and lawyers see people like them thriving in the legal profession, they may be encouraged to pursue a legal career too .

Open your professional DON'T LEAVE CANDIDATE network to marginalized legal SELECTION TO AI THAT MAY professionals — DISCRIMINATE Studies show that white males are most likely to be mentored, have connections between their fraternities, social clubs, parents connections, and the better schools they go to means better recognition in their careers. Whereas a study by Yale Law School and the National Asian Pacific American Bar Association revealed many Asian American lawyers complained about having inadequate access to mentors and contacts in

94 | Esq Legal Practice

An HBR report found that instead of helping hiring managers overcome their personal prejudices, “hiring algorithms will drift toward bias by default.” “They can replicate institutional and historical biases, amplifying disadvantages lurking in data points like university attendance or performance evaluation scores,” writes Miranda Bogen of HBR.

Ad platform algorithms can also exhibit bias. Before you even start getting applications, ad platforms like Facebook or LinkedIn may limit your pool of candidates by showing your job ad to groups of people the algorithm deems most suitable —instead of everyone you want to reach. This indicates minority candidates may be excluded from the hiring process before you even get to filtering candidates. Correctly shape the candidate pool by listing your job ads on job platforms like Jopwell, which gives you access to a community of diverse candidates: Black, Native American, Latinx students, and professionals. Also, use tech tools like Textio— an augmented writing tool for recruitment teams — to ensure your job postings are free of bias language that may repel marginalized candidates.

ENFORCE BILLING GUIDELINES THAT CATER TO DEI FOR YOUR VENDORS Enforce billing guidelines that cater to diversity and inclusion for your vendors to encourage them to actively think about and implement DEI. That way, you can positively affect industry-wide change one vendor at a time. A 2020 Vault/MCCA Law Firm Diversity Survey found that only 26% of firms are Mansfield certified, i.e. only 26% of firms have minority lawyers making up 30% or more of their team. When you establish requirements and programs that keep your law firms accountable, they are more likely to actively invest in diversity efforts. You could implement a billing guideline that requires law firms to improve diversity or take a fee cut like Coca-Cola's General Counsel did. Alternatively, you could offer a small diversity bonus instead.

www.esq-law.com

TRAININGS LIMITED

EXPANDYOUR FRONTIERS OF PROFESSIONAL DEVELOPMENT

For enquiries, review requests, and clariﬁcation, send an email to: ESQ TRAININGS LIMITED Block 58A Plot 18A, Omorinre Johnson, Lekki Phase 1, Lagos 08035269055, 09036372603 training@esq-law.com www.esq-law.com

@myesqlegal ESQ Practical Lawyers Academy