What is the connection between an alumnus of Harvard Law School who used to be an Executive Director of Schlumberger Nigeria and the fundamental human rights of Nigerians? How does one go from managing an international private equity firm to being responsible for law reform in Nigeria? Meet Roland Ewubare, the new Human Rights Czar for Nigeria as he shares the vision, the challenges and plans for the National Human Rights Commission with Ayisha Osori.
It is clear that either fate or deliberate strategy has precipitated Roland Ewubare’s appointment as the new CEO and Executive Secretary for the National Human Rights Commission (the Commission) just as the spotlight turns on Nigeria for its dismal human rights record. A few weeks ago, the Nigerian delegation to the 9th Session of the Human Rights Council in Geneva, were embarrassed by the details of a report on the protection of human rights in Nigeria. This is following on the downgrading of Nigeria’s ranking by the International Coordinating Committee of National Institutions a few years ago. Now the Commission has experienced a change of guards with the removal of the Executive Secretary, Mrs. Kehinde Ajoni on March 18 2009, two years before the expiration of her contract and the appointment of Roland Ewubare, who was until this nomination an Executive Commissioner at the Nigerian Law Reform Commission.
To hear him tell, it would be fate because there is God’s work to be done. God’s work? Yes, with over forty thousand Nigerian’s incarcerated and awaiting trial and with gender discrimination institutionalised in our Constitution, Ewubare says there is a lot to do. Genuinely perplexed by the latter statement I ask him to explain. ‘Well, Section 26 the 1999 Constitution implies that when Zainab, a Nigerian marries Richard a Canadian, Richard cannot become a citizen of Nigeria by naturalization. But when Olu marries Rebecca, she can become a citizen of Nigeria by naturalization’. ‘Fascinating’, I thought, not only because I was hearing for the first time that the Nigerian Constitution deliberately discriminates against women but because of the easy way he explained the issue: must be his experience teaching in the Nigerian Law School for three years.
However, Ewubare’s appointment could also be a change of strategy on the part of the Attorney General of the Federation – to whom the new Executive Secretary of the Commission will report to, because for the first time, the Commission will be steered not by a career civil servant, but by a private sector person. If it is indeed a strategic move, then it just might be the right one because Ewubare, a student of Gender Discrimination under Professor Elizabeth Schneider at the Harvard Law School intends to hit the ground running. Although at the time of this interview he had not officially started at the Commission, he was already working out a new employee welfare scheme with First Bank Plc and GT Bank Plc for the benefit of the Commission’s employees. Why? Because as a Nigerian and a private sector business manager, he knows that employees in the civil service are under paid and badly in need of motivation. Besides, he already knows what some of the key challenges for the Commission are and he needs his team ready to tackle them head on.
Ewubare’s understanding of the terrain he is moving into is evident as he reels of a list of some of the challenges he is expecting. For one he is walking into a storm of bad feelings between some of the local and international human rights advocates and the Federal Government of Nigeria. Two days after the removal of Ajoni, Amnesty International released a statement expressing their concern about the trend in Nigeria of peremptorily dismissing the chief executives of the National Human Rights Commission. According to the statement, both Ajoni and her predecessor, Mr. Bukhari Bello were removed from office before the expiration of their contracts contrary to the Paris Principles which provides for certain universally accepted powers given to National Human Rights Institutions, one of which is security of tenure. Amnesty is concerned about the seriousness of the Nigerian Government in strengthening the National Human Rights Commission and making it a truly effective body. This perceived nonchalance towards human rights is supported by the belief within local and international human rights organisations that Ajoni was removed because of the damning report she submitted about the appalling state of Nigerian prisons and the daily complaints on the use of cruel, inhuman and degrading means to extract “confessions” from suspects. This means that one of Ewubare’s first tasks will be to reach out to these organisations to share his plans and assure them of the government’s commitment to improving our human rights records.
“Funding will be a problem” he says calmly, “partly because historically, such agencies do not get enough and because with the global recession, there is a general squeeze on resources”. He expects this to make it harder to execute projects but he fully expects the ongoing prison decongestion exercise initiated by the Attorney General of the Federation to continue - so far, thirty seven thousand and fifty eight (37,058) cases have been reviewed by over two thousand lawyers who earn Three Hundred Thousand Naira for each case handled. On how he intends to manage the issue of funding for the Commission, he is confident that with time, when he has won the confidence of the international human rights organisations, he will be able to lean on and leverage the donor community to assist with the support he needs.
Having the right people, with the right skills in the right positions and constantly improving their performance i.e., capacity strengthening will be another challenge for the Commission. Unfortunately, capacity development is another victim of the recession as when there are budget cuts, the first things to go are ‘training’ and similar benefits. According to Ewubare, ‘one of the saddest things about the civil service is the weak remuneration which makes it near impossible to attract and retain the required talent’.
The sheer amount of work to be done is also daunting because of the range of issues which come under fundamental human rights: the rights enumerated in Chapter IV of the Constitution, gender discrimination, sexual harassment, employment discrimination, and AIDS discrimination are just a few. All of which are much harder to deal with considering the relatively unsophisticated level of socio political enlightenment prevalent in some communities and the amount of sensitisation, advocacy and communication required. ‘For instance, he says, ‘not many people know about the prison decongestion exercise which started under Attorney General Bayo Ojo in 2006 but this is the type of information that the Commission needs to share’. ‘I hope’, he continued, ‘to be able to collaborate with key agencies such as NAPTIP (National Agency for the Prohibition of Traffic In Persons), Legal Aid Council, Ministry of Justice and the Ministry of Foreign Affairs to design an awareness or public education campaign because there are common and interdependent messages which we need our stakeholders, the public, to know. Besides, working together will ensure that we get more mileage and traction for our respective budgets.’
You cannot help but feel confident when you look at his resume, that Roland Ewubare has what it takes to shake things up and add value to the Commission. A graduate of law from the University of Ife, he has two Masters Degrees in Law from the University of London and Harvard Law School and practiced mergers and acquisitions law at one of the biggest law firms in America – Skadden Arps Slate Meagher & Flom. He later served as Corporate Counsel for Schlumberger in New York before going on to become General Counsel and Corporate Secretary of NPTest Inc in Silicon Valley. Most recently Ewubare wore the ‘business entrepreneur’ hat while managing a private equity fund with holdings in Africa, Asia, Europe and America.
But I still had to ask him what he thought he would be able to do once he took over the reins of the Commission and what, if any, immediate plans he has. His response shows him to be both shrewd and savvy. The first thing he intends to do, after reaching out to Amnesty International and all the other human rights agencies is to confer with all the relevant NGOs by asking them – ‘what do we need to do to alleviate the human rights problem?’ and then work with them to do just this. He would also like to approach the Body of Senior Advocates of Nigeria to create a pro bono initiative linked to the Legal Aid Council and the Commission. The idea is to get experienced lawyers to provide the best legal advice possible, free of charge, to Nigerians who qualify. This would be those who cannot afford to hire lawyers or who have particularly thorny legal issues which need the best expertise available. When sceptically questioned about ‘lawyers as humanitarians’, Ewubare became quite animated insisting that, “lawyers are the key soldiers in the war against injustice and oppression. The Learned Senior Advocates represent the epitome of the legal profession and are therefore akin to Generals in this war. Pro Bono collaboration with SANs sends a powerful signal about the commitment of the most eminent crop of lawyers to the protection and preservation of legal rights for the downtrodden and marginalized segments of our society. Bottom line, it reminds potential abusers of rights that superior legal talent will be deployed to defeat them”.
Like almost everything in Nigeria, the legal framework for the Commission needs some work and as there is already a bill to amend the National Human Rights Act (the Act) in the National Assembly, Ewubare intends to use that opportunity to make some changes of his own. With little urging, he shares his concern about the restriction in the Act which provides that the role of Chairman of the Commission must be filled only by a retired judge of either the Supreme Court, the Court of Appeal or the High Court of a State. For him, this is unduly limiting and while the Commission could no doubt benefit from the experiences of retired judges, there is no reason why the Commission should not be able to get a public sector advocate to Chair the Commission. ‘I want that restriction removed’, he says sharply and a bit impatiently. “Why can’t an Ajayi Obe or Olisa Agbakoba chair the Commission? Or a Maryam Uwais, a Wale Fapohunda or a Chidi Odinkalu?”
I cannot help but smile and that is when I get the opening to ask the other question which has been burning in my mind as I listened to him talk: “are you prepared for the politics and obstacles that come with working in Government?” His response comes out of left field: “Government belongs to us all. The obligation to serve is not and cannot be restricted to career bureaucrats and politicians. As a matter of fact, breaking the incestuous connection between bureaucrats and their political masters will be an essential part of the drive to progress and development. I suspect that part of why our country has stagnated for so long revolves around the inability and unwillingness of the civil service to embrace change and innovation. My intent is to offer my best for five years and hopefully provide a different and more efficient perspective. Thereafter, I intend to return to private life and hopefully, someone else from the private sector will replace me.”
‘Ah, so you think you will be allowed to finish your term...how do you feel about the fact that the two Executive Secretaries before you were removed before the completion of their tenure and what do you think about Amnesty International’s call for security of tenure?’ Ewubare laughs heartily at these questions. ‘I am not opposed to security of tenure. I am opposed to the current formulation in the proposed amendment to the Act which requires a two thirds majority of the Senate to remove the Executive Secretary of the Commission. I think such a provision will not pass constitutional muster if analysed from the separation of powers prism. A requirement of a simple majority vote is easier to defend. On whether I worry about the security of my own tenure given the prior experience of my predecessors, the answer is no. Here's why: I was specifically invited for this role based on an assessment of my capacity to effect change and in order to drive this institution to higher levels. That demonstrates to me that the Honourable AGF stands with us and our mission. That said; if the Federal Government decides at any point that my services are no longer required, I'll simply pack my bags and go back to my old life and existence in Atlanta... and believe me, it wasn't a bad existence at all.’
No doubt about it, the Commission is in for a change, at the very least in terms of the capacity building initiatives which this closet academic who still teaches corporate governance on a guest basis at the Lagos Business School will introduce. Is the National Human Rights Commission going to finally take its place in the forefront of making fundamental inroads into securing the rights of Nigerians? It seems likely, but only time will tell.
Roland In a Nut Shell
Most marked characteristic
CURIOSITY
Principle defect
TRUSTING PEOPLE EASILY
The quality you most like in a man
A GOOD MIND
The quality you most like in a woman
A GOOD MIND (AND A BEAUTIFUL BODY)
What do you most value in your friends
LOYALTY AND SINCERITY
What is your dream of happiness
A WORLD WITH NO BIGOTRY, NO WAR AND NO DETAINED PERSONS NEEDLESSLY AWAITING TRIAL
What to your mind would be the greatest of misfortunes for Nigeria
INCREASED UNEMPLOYMENT AND POVERTY
Who is your favourite hero of fiction
HARRY CALLAGHAN (DIRTY HARRY)
Who are your favourite heroines of fiction
JACKIE BROWN
Who are your heroes in real life
NELSON MANDELA, BARACK OBAMA, BILL CLINTON, WOLE SOYINKA
What is it you most dislike
HYPOCRISY AND WICKEDNESS
What global or local reform do you most admire
7 POINT AGENDA (IF IT CAN BE ATTAINED)
What natural gift would you most like to possess
THE GIFT OF THE GAB
What is your present state of mind
EXHAUSTED. NOT ENOUGH SLEEP. THE PROTECTION OF THE CIVIL LIBERTIES OF 140 MILLION NIGERIANS IS MAJOR WAHALA
Tuesday, April 28, 2009
Friday, April 24, 2009
Partners in Every Way - Paul & Mfon Usoro
How many law partners live and work together – from bedroom to boardroom and back again? How many partners have woken up one morning to find their physical office space completely decimated? How many partners have had to deal with one of them taking a role in the public sector and nine months later being unceremoniously removed after a public probe? And how many partnerships can lay claim to being a part of one of the most public and lengthy corporate reorganisations in recent Nigerian history? Meet the Usoros, partners in Paul Usoro & Co, in this interview with Ayisha Osori where they share what you will not find on the firm’s website - their personal experiences, their opinions and their state of mind.
The Characters
Fiery, driven, passionate, straight talker. Mfon Usoro is the kind of person that draws you in within minutes. Unashamedly feminine and ambitious, this maritime law expert and recipient of over twenty awards – Mfon should be studied: the archetypical female professional – balancing a happy, well run home and a successful career.
Astute, smooth talking charmer. Paul Usoro, the author of several academic papers is measured in his speech and manner, but when it comes to discussing law and his practice, he is transformed – the consummate legal practitioner. Paul, called to the Nigerian bar twenty seven years ago has experienced boardroom politics and worked closely on the actualisation of the one thing most Nigerians agree is at least one measure of progress the country has made over the last ten years: the telecommunication revolution.
The Practice
It is no coincidence that twenty five years after their marriage, Paul & Mfon are partners in Paul Usoro & Co, a twenty four year old law firm. With them as two out of four partners, anyone could be forgiven for wondering if such a partnership was too close for comfort but they have an obvious solid working relationship where roles and responsibilities are clearly demarcated.
Paul is clearly the captain of the ship in all respects. He takes ultimate responsibility for the quality of professional services and as a senior advocate of Nigeria, leads the Litigation Section of the firm assisted by another partner. Mfon, thirteen years post call, handles the Transactional Section along with the fourth partner and in addition, is the managing partner responsible for the administration of the law firm. These are the two main business streams of the firm and rarely do the two mix. It is this same demarcation and discipline which ensures that in the office, Mfon & Paul interact on a purely professional basis or as she puts it ‘he has mentally removed me from issues related to his comfort and tummy in the office’.
The reputation of the firm is not unconnected to the role Paul Usoro & Co. has played in several legal transactions of national importance. However, in 2006 they woke up and had literarily lost everything but the name and reputation of the firm when the Bank of Industry building where they were located was partially destroyed. This could have set them back a couple of months but in what displays more clearly than words can the steely determination of this couple, work continued the very same day as they set up base in their house and continued to handle client issues. And nothing speaks louder about the esteem in which they are regarded by their clients, than the offers which came streaming in for the firm to take up space within their buildings and within a week they had started setting up in their current location in Oyin Jolayemi Street, Victoria Island Lagos.
In PAUL’s Words
On his most interesting transactions
Number one is undoubtedly the GSM Auction in 2001 where I was head of the Legal team and one of only two Nigerian members of the Auction Control Team, the other being Ernest Ndukwe, DG NCC. The novelty of the exercise and the fact that I was privileged to head the legal team that knit the legal template for the process together including the drafting of the license and auction documentation made the experience most unique and interesting. A closely related transaction was working with the National Assembly to prepare the Nigerian Communications Act 2003. This legislation has provided the underpinning for Nigeria’s communication industry and six years on, it remains a model legislation locally and, I daresay, internationally.
The third gives me away as being biased towards communications practice because concluding the Celtel Transaction in 2006 was one of my more challenging but fulfilling assignments. I was privileged to be the lead negotiator on behalf of the Selling Shareholders for the transaction and this taxed all the skills I have: my people skills, my negotiation skills and my legal skills. The fact that it was concluded at all was most exhilarating and momentous.
On being on the board of Econet/Vmobile/Celtel/Zain
It has been a most educative experience, the type one cannot get from the Law School or any business school. One of the more fundamental lessons I’ve learnt from the Zain Board is that your start-up partners and the initial agreements between the partners could make or mar your business. The partners are even more critical and important for one’s business success, more important than the initial agreements. If you have the right partners and commonality of interests and trust, it is easy to straighten out everything else and run a successful and profitable enterprise. Otherwise, you’ll spend more time in court and looking over your shoulders than you’ll spend running the business.
It becomes a challenge to the business where the objectives of partners are different and the parties are selfish, vicious and/or desperate. That is when irreconcilable gulfs develop amongst the partners and issues spill over to the public domain and a show is made of otherwise private corporate matters. Reports are leaked to the newspapers, publications are sponsored and in some instances, the parties end up in the law courts, all of this to the detriment and extreme cost to the business and the absolute titillation and amusement of the general public. In summary, the key is to select the right business partners, consult regularly and build the required consensus. At a personal level, the challenge is to ensure that one rises above the fray and acts in the best interest of the company.
On the primary issues for consideration when picking members of a board
Integrity is critical and of utmost importance. There must also be some threshold knowledge-base both in business operations generally and also in the specific business of the company. Even where such working knowledge is lacking on the specific business of the company, the person must be willing and ready to do a crash-program to update his knowledge and skills. Without understanding the intricacies of the specific business sector, it would be difficult to add sensible value to the enterprise as a Board member.
On legal education in Nigeria
I think that the education sector generally is in a very poor state of repair and needs urgent revamping, right from the primary school level up to the tertiary institutions. The general ailments of the education sector of course impact directly on legal education. The results show in the quality of those who turn up for interviews in Law Firms and companies generally; it shows in particular in the quality of their written and oral presentations and the level of brushing-up that is required for newly employed persons to fit into corporate and law-practice environments. I must however mention that one still comes by sparks of brilliance amongst the newly-churned out graduates even though the majority is not always remarkable. Whether this minority brilliance is attributable to the persons or the institution remains a debatable point. I, however advocate for an improved system of education that ensures that the brilliant sparks are in the majority rather than the current reverse situation. My comments, by the way, are targeted at the primary to tertiary levels of education and do not include the professional Law School program which I believe is still run very well and professionally too even though, it surely must suffer the effects of the generally maladjusted educational system.
On the constitutional review process
I think we need electoral reform far more urgently than a constitutional review. If we can institute electoral reforms that would ensure that popular and credible candidates emerge through a free and fair party selection process. This is dependent on a national electoral process which is free and fair and devoid of rigging and manipulations; where elected officials are held accountable for their electoral promises and the parties are punished in subsequent elections for the non-performance of their candidates; only then would we be on the way to a reformed and better Nigeria.
When elected officials understand that they and their parties could be voted out in the next elections because of non-performance and failure to fulfil electoral promises and that they could consequentially end up in the black books of history, both the elected officials and their parties would have incentives to perform. And with that incentive and the performance in office, several other beneficial things would follow including but not limited to constitutional review when and if necessary and more importantly and urgently, adequate and uninterrupted electric power supply, good healthcare delivery system, revamping of the educational sector etc. – all of which today, constitute electoral promises that haven’t been kept over the years and for which nobody has been punished or sanctioned. From that perspective, I truly don’t believe that a constitutional review should be Nigeria’s priority right now.
In MFON’s Words
On challenges to women in practice
I think business oriented networking which translates into job generation is a major challenge for women in the legal profession. Unfortunately this is not helped by the somewhat negative perception of a female ‘go getter’. However, women need to learn to create or seize opportunities to generate business in the same way male colleagues do. It does not seem to occur naturally to women to exploit friendship for business purposes; instead, we tend to separate friendship from business unlike men, who have no difficulty in cultivating a friendship with a business objective as the goal.
Another challenge is the fine balancing act between career and home, especially to fulfil what is still considered the primary and natural role of women: wife and mother, and to be a successful female lawyer climbing up the partnership ladder. It is difficult to be a good wife, good mother and an accomplished career woman and even if you manage to achieve that, it is a constant challenge to maintain the balance and ensure that the power structure at home is not threatened.
To succeed, women must first decide on what they want most and then arrange their personal lives, with the support of their husbands, to accommodate their drive and ambition. The husband has to be carried along and should understand and support his career driven wife. Only then can a woman organize her working life such that the husband, the children and the housekeeping are given sufficient attention. Pay for the services that you can such as laundry and school runs but market the restructuring to the ‘oga’ so that he appreciates that it is not a dereliction of duty but an expression of love.
On being appointed DG NIMASA
I had mixed feelings taking the role as Director General (DG) of the Nigerian Maritime and Safety Administration (NIMASA). This was because I was keenly aware of the reputation risk attached due to the suspicion and disdain most professionals have for public servants especially on the corruption issue. I recall a congratulatory call from a female principal of a law firm on the day news of the appointment was released to the press. She wondered why my voice did not sound excited and my response was that I was not sure whether I had made the right decision by accepting the appointment knowing the terrain. But I was convinced I was qualified and capable of performing the tasks associated with the job. I reasoned that if government was sincere in establishing a world class maritime safety administration, I was prepared to chip in my bit.
On her removal from NIMASA
I was already aware prior to the investigation that the Minister of State had a fractious relationship with the senior Minister who appointed me and as such wanted me out of the system as soon as the senior Minister left Government. I expected that he would keep trying and was not surprised in the least. I was however disappointed at the disingenuous method they adopted. Dr Oyedepo, the same Oyedepo who is now facing criminal charges on the health ministry corruption scandal was sent to investigate NIMASA funds trapped in failed banks. These funds were placed in banks between 2002 and 2004, well before I came on board in August 2006. In fact, CBN’s recapitalization exercise had been completed and the affected banks liquidated before my appointment. Yet by some magic, Dr Oyedepo held me culpable and recommended that I be replaced by a DG ‘who is well-versed in the knowledge and working of the public service’.
The Minister of State smuggled Oyedepo’s report to President Obasanjo without going through the senior Minister and without the report being reviewed by another independent committee as is the custom. The President then referred Oyedepo’s report to the senior Minister for re-investigation. The Committee set up by Minister Cornelius Adebayo to review Oyedepo’s report completely exonerated me from any wrongdoing and in addition, to the Glory of God, the letter of exoneration also conveyed Mr President’s commendation.
However, all this happened too late as the Minister of State hurriedly replaced me before the report of the Ministerial Review Committee was issued. But this is all water under the bridge as I have settled back into my practice.
On going back to the public sector
That is a tough question. People may expect me to say ‘never’ but you know what, I will not say that because if I say so, then the bad people would have succeeded in scaring not just me, but several public spirited, well accomplished Nigerians from contributing their quota to the Nigerian project.
In the intense nine and a half months I spent as DG NIMASA I made strides to solve some of the issues I knew about from experience in the sector and to make enduring changes. For instance the legal regulatory framework was completely overhauled with five new Acts and two subsidiary legislations, the most important to me being the Merchant Shipping Act 2007 (MSA). The amendment of the MSA had been completed since 2001 by a ministerial committee set up by Chief Ojo Madueke then the Minister of Transport but it did not start its legislative journey until I arrived on the scene. In May 2007, the same month I was booted out, the MSA Bill became an Act of the Federal Republic and through this Act Nigeria domesticated about twenty international maritime conventions on account of which we are amongst the countries with the highest degree of domestication of international maritime conventions. Until then Nigeria was operating the 1962 MSA which was a replica of the 1894 British Merchant Shipping Act. The MSA is perhaps the most single important reason Nigeria was re-admitted into the International Maritime Organisation Council including, of course, the Navy/NIMASA Maritime Guard Force I instituted to monitor and enforce maritime related laws at sea.
I am also proud of the smiles I brought to the faces of NIMASA employees and the hope they say I embodied. I inherited a very demoralized team. People had not been promoted for between eight to twelve years and funds for housing and vehicle loans were trapped in banks. I set things in motion to redress these issues and obtained an enhanced salary package from the Salaries and Wages Commission for all employees. My feeling was and is that the fight against corruption in the civil service should begin with reform of their remuneration package so that they can afford a decent standard of living for themselves and their children. It is unacceptable to expect poorly remunerated employees to work hard at generating revenue and acting as regulators of businessmen in government or politician contractors.
Bearing in mind these modest achievements in so short a period, if we, the professionals keep away from government, then it will never get better and we would have lost our right to complain. Besides, other professionals may be lucky to work with people whose primary desire is actually to serve the public. I must mention a very important qualification to going back to the public sector if the opportunity arises, that is, provided my husband would be able to forget the deep pain that my persecution as DG NIMASA caused him.
On the constitutional review process
To be honest, I do not think there is a pressing urgency to review the Constitution at this time. Someone should convince me and other Nigerians that the reason we have not progressed into the group of emerging economies is because of the inadequacy or deficiency of the Constitution. How much of the opportunities and rights guaranteed by the present Constitution have truthfully and comprehensively been implemented or exploited?
From where I stand, what we need now is a leap from government to jump start the economy, not the distraction of tinkering with our Constitution.
Mfon & Paul in Sync
Although Mfon and Paul were interviewed separately due to their busy schedules, their responses show how much in sync they are; they both think their principal defect is impatience, they both abhor dishonesty and are both living in their dream country: Nigeria.
With a daughter studying law in order to execute the ‘designs’ she has had on her dad’s law firm since she was six, it is no wonder that Mfon’s state of mind is content and she says she is living her dream of happiness. As for Paul, his state of mind is focused on work deadlines and he does not have to dream of happiness, he is already happy.
The Characters
Fiery, driven, passionate, straight talker. Mfon Usoro is the kind of person that draws you in within minutes. Unashamedly feminine and ambitious, this maritime law expert and recipient of over twenty awards – Mfon should be studied: the archetypical female professional – balancing a happy, well run home and a successful career.
Astute, smooth talking charmer. Paul Usoro, the author of several academic papers is measured in his speech and manner, but when it comes to discussing law and his practice, he is transformed – the consummate legal practitioner. Paul, called to the Nigerian bar twenty seven years ago has experienced boardroom politics and worked closely on the actualisation of the one thing most Nigerians agree is at least one measure of progress the country has made over the last ten years: the telecommunication revolution.
The Practice
It is no coincidence that twenty five years after their marriage, Paul & Mfon are partners in Paul Usoro & Co, a twenty four year old law firm. With them as two out of four partners, anyone could be forgiven for wondering if such a partnership was too close for comfort but they have an obvious solid working relationship where roles and responsibilities are clearly demarcated.
Paul is clearly the captain of the ship in all respects. He takes ultimate responsibility for the quality of professional services and as a senior advocate of Nigeria, leads the Litigation Section of the firm assisted by another partner. Mfon, thirteen years post call, handles the Transactional Section along with the fourth partner and in addition, is the managing partner responsible for the administration of the law firm. These are the two main business streams of the firm and rarely do the two mix. It is this same demarcation and discipline which ensures that in the office, Mfon & Paul interact on a purely professional basis or as she puts it ‘he has mentally removed me from issues related to his comfort and tummy in the office’.
The reputation of the firm is not unconnected to the role Paul Usoro & Co. has played in several legal transactions of national importance. However, in 2006 they woke up and had literarily lost everything but the name and reputation of the firm when the Bank of Industry building where they were located was partially destroyed. This could have set them back a couple of months but in what displays more clearly than words can the steely determination of this couple, work continued the very same day as they set up base in their house and continued to handle client issues. And nothing speaks louder about the esteem in which they are regarded by their clients, than the offers which came streaming in for the firm to take up space within their buildings and within a week they had started setting up in their current location in Oyin Jolayemi Street, Victoria Island Lagos.
In PAUL’s Words
On his most interesting transactions
Number one is undoubtedly the GSM Auction in 2001 where I was head of the Legal team and one of only two Nigerian members of the Auction Control Team, the other being Ernest Ndukwe, DG NCC. The novelty of the exercise and the fact that I was privileged to head the legal team that knit the legal template for the process together including the drafting of the license and auction documentation made the experience most unique and interesting. A closely related transaction was working with the National Assembly to prepare the Nigerian Communications Act 2003. This legislation has provided the underpinning for Nigeria’s communication industry and six years on, it remains a model legislation locally and, I daresay, internationally.
The third gives me away as being biased towards communications practice because concluding the Celtel Transaction in 2006 was one of my more challenging but fulfilling assignments. I was privileged to be the lead negotiator on behalf of the Selling Shareholders for the transaction and this taxed all the skills I have: my people skills, my negotiation skills and my legal skills. The fact that it was concluded at all was most exhilarating and momentous.
On being on the board of Econet/Vmobile/Celtel/Zain
It has been a most educative experience, the type one cannot get from the Law School or any business school. One of the more fundamental lessons I’ve learnt from the Zain Board is that your start-up partners and the initial agreements between the partners could make or mar your business. The partners are even more critical and important for one’s business success, more important than the initial agreements. If you have the right partners and commonality of interests and trust, it is easy to straighten out everything else and run a successful and profitable enterprise. Otherwise, you’ll spend more time in court and looking over your shoulders than you’ll spend running the business.
It becomes a challenge to the business where the objectives of partners are different and the parties are selfish, vicious and/or desperate. That is when irreconcilable gulfs develop amongst the partners and issues spill over to the public domain and a show is made of otherwise private corporate matters. Reports are leaked to the newspapers, publications are sponsored and in some instances, the parties end up in the law courts, all of this to the detriment and extreme cost to the business and the absolute titillation and amusement of the general public. In summary, the key is to select the right business partners, consult regularly and build the required consensus. At a personal level, the challenge is to ensure that one rises above the fray and acts in the best interest of the company.
On the primary issues for consideration when picking members of a board
Integrity is critical and of utmost importance. There must also be some threshold knowledge-base both in business operations generally and also in the specific business of the company. Even where such working knowledge is lacking on the specific business of the company, the person must be willing and ready to do a crash-program to update his knowledge and skills. Without understanding the intricacies of the specific business sector, it would be difficult to add sensible value to the enterprise as a Board member.
On legal education in Nigeria
I think that the education sector generally is in a very poor state of repair and needs urgent revamping, right from the primary school level up to the tertiary institutions. The general ailments of the education sector of course impact directly on legal education. The results show in the quality of those who turn up for interviews in Law Firms and companies generally; it shows in particular in the quality of their written and oral presentations and the level of brushing-up that is required for newly employed persons to fit into corporate and law-practice environments. I must however mention that one still comes by sparks of brilliance amongst the newly-churned out graduates even though the majority is not always remarkable. Whether this minority brilliance is attributable to the persons or the institution remains a debatable point. I, however advocate for an improved system of education that ensures that the brilliant sparks are in the majority rather than the current reverse situation. My comments, by the way, are targeted at the primary to tertiary levels of education and do not include the professional Law School program which I believe is still run very well and professionally too even though, it surely must suffer the effects of the generally maladjusted educational system.
On the constitutional review process
I think we need electoral reform far more urgently than a constitutional review. If we can institute electoral reforms that would ensure that popular and credible candidates emerge through a free and fair party selection process. This is dependent on a national electoral process which is free and fair and devoid of rigging and manipulations; where elected officials are held accountable for their electoral promises and the parties are punished in subsequent elections for the non-performance of their candidates; only then would we be on the way to a reformed and better Nigeria.
When elected officials understand that they and their parties could be voted out in the next elections because of non-performance and failure to fulfil electoral promises and that they could consequentially end up in the black books of history, both the elected officials and their parties would have incentives to perform. And with that incentive and the performance in office, several other beneficial things would follow including but not limited to constitutional review when and if necessary and more importantly and urgently, adequate and uninterrupted electric power supply, good healthcare delivery system, revamping of the educational sector etc. – all of which today, constitute electoral promises that haven’t been kept over the years and for which nobody has been punished or sanctioned. From that perspective, I truly don’t believe that a constitutional review should be Nigeria’s priority right now.
In MFON’s Words
On challenges to women in practice
I think business oriented networking which translates into job generation is a major challenge for women in the legal profession. Unfortunately this is not helped by the somewhat negative perception of a female ‘go getter’. However, women need to learn to create or seize opportunities to generate business in the same way male colleagues do. It does not seem to occur naturally to women to exploit friendship for business purposes; instead, we tend to separate friendship from business unlike men, who have no difficulty in cultivating a friendship with a business objective as the goal.
Another challenge is the fine balancing act between career and home, especially to fulfil what is still considered the primary and natural role of women: wife and mother, and to be a successful female lawyer climbing up the partnership ladder. It is difficult to be a good wife, good mother and an accomplished career woman and even if you manage to achieve that, it is a constant challenge to maintain the balance and ensure that the power structure at home is not threatened.
To succeed, women must first decide on what they want most and then arrange their personal lives, with the support of their husbands, to accommodate their drive and ambition. The husband has to be carried along and should understand and support his career driven wife. Only then can a woman organize her working life such that the husband, the children and the housekeeping are given sufficient attention. Pay for the services that you can such as laundry and school runs but market the restructuring to the ‘oga’ so that he appreciates that it is not a dereliction of duty but an expression of love.
On being appointed DG NIMASA
I had mixed feelings taking the role as Director General (DG) of the Nigerian Maritime and Safety Administration (NIMASA). This was because I was keenly aware of the reputation risk attached due to the suspicion and disdain most professionals have for public servants especially on the corruption issue. I recall a congratulatory call from a female principal of a law firm on the day news of the appointment was released to the press. She wondered why my voice did not sound excited and my response was that I was not sure whether I had made the right decision by accepting the appointment knowing the terrain. But I was convinced I was qualified and capable of performing the tasks associated with the job. I reasoned that if government was sincere in establishing a world class maritime safety administration, I was prepared to chip in my bit.
On her removal from NIMASA
I was already aware prior to the investigation that the Minister of State had a fractious relationship with the senior Minister who appointed me and as such wanted me out of the system as soon as the senior Minister left Government. I expected that he would keep trying and was not surprised in the least. I was however disappointed at the disingenuous method they adopted. Dr Oyedepo, the same Oyedepo who is now facing criminal charges on the health ministry corruption scandal was sent to investigate NIMASA funds trapped in failed banks. These funds were placed in banks between 2002 and 2004, well before I came on board in August 2006. In fact, CBN’s recapitalization exercise had been completed and the affected banks liquidated before my appointment. Yet by some magic, Dr Oyedepo held me culpable and recommended that I be replaced by a DG ‘who is well-versed in the knowledge and working of the public service’.
The Minister of State smuggled Oyedepo’s report to President Obasanjo without going through the senior Minister and without the report being reviewed by another independent committee as is the custom. The President then referred Oyedepo’s report to the senior Minister for re-investigation. The Committee set up by Minister Cornelius Adebayo to review Oyedepo’s report completely exonerated me from any wrongdoing and in addition, to the Glory of God, the letter of exoneration also conveyed Mr President’s commendation.
However, all this happened too late as the Minister of State hurriedly replaced me before the report of the Ministerial Review Committee was issued. But this is all water under the bridge as I have settled back into my practice.
On going back to the public sector
That is a tough question. People may expect me to say ‘never’ but you know what, I will not say that because if I say so, then the bad people would have succeeded in scaring not just me, but several public spirited, well accomplished Nigerians from contributing their quota to the Nigerian project.
In the intense nine and a half months I spent as DG NIMASA I made strides to solve some of the issues I knew about from experience in the sector and to make enduring changes. For instance the legal regulatory framework was completely overhauled with five new Acts and two subsidiary legislations, the most important to me being the Merchant Shipping Act 2007 (MSA). The amendment of the MSA had been completed since 2001 by a ministerial committee set up by Chief Ojo Madueke then the Minister of Transport but it did not start its legislative journey until I arrived on the scene. In May 2007, the same month I was booted out, the MSA Bill became an Act of the Federal Republic and through this Act Nigeria domesticated about twenty international maritime conventions on account of which we are amongst the countries with the highest degree of domestication of international maritime conventions. Until then Nigeria was operating the 1962 MSA which was a replica of the 1894 British Merchant Shipping Act. The MSA is perhaps the most single important reason Nigeria was re-admitted into the International Maritime Organisation Council including, of course, the Navy/NIMASA Maritime Guard Force I instituted to monitor and enforce maritime related laws at sea.
I am also proud of the smiles I brought to the faces of NIMASA employees and the hope they say I embodied. I inherited a very demoralized team. People had not been promoted for between eight to twelve years and funds for housing and vehicle loans were trapped in banks. I set things in motion to redress these issues and obtained an enhanced salary package from the Salaries and Wages Commission for all employees. My feeling was and is that the fight against corruption in the civil service should begin with reform of their remuneration package so that they can afford a decent standard of living for themselves and their children. It is unacceptable to expect poorly remunerated employees to work hard at generating revenue and acting as regulators of businessmen in government or politician contractors.
Bearing in mind these modest achievements in so short a period, if we, the professionals keep away from government, then it will never get better and we would have lost our right to complain. Besides, other professionals may be lucky to work with people whose primary desire is actually to serve the public. I must mention a very important qualification to going back to the public sector if the opportunity arises, that is, provided my husband would be able to forget the deep pain that my persecution as DG NIMASA caused him.
On the constitutional review process
To be honest, I do not think there is a pressing urgency to review the Constitution at this time. Someone should convince me and other Nigerians that the reason we have not progressed into the group of emerging economies is because of the inadequacy or deficiency of the Constitution. How much of the opportunities and rights guaranteed by the present Constitution have truthfully and comprehensively been implemented or exploited?
From where I stand, what we need now is a leap from government to jump start the economy, not the distraction of tinkering with our Constitution.
Mfon & Paul in Sync
Although Mfon and Paul were interviewed separately due to their busy schedules, their responses show how much in sync they are; they both think their principal defect is impatience, they both abhor dishonesty and are both living in their dream country: Nigeria.
With a daughter studying law in order to execute the ‘designs’ she has had on her dad’s law firm since she was six, it is no wonder that Mfon’s state of mind is content and she says she is living her dream of happiness. As for Paul, his state of mind is focused on work deadlines and he does not have to dream of happiness, he is already happy.
Bound by Love and Law - Towun & Yemi Candide Johnson
She is from a family of lawyers and was solely educated in the UK until she returned to Nigeria to attend the Nigerian Law School. His father was a Lagos State judge and he graduated with an LLM from the University of London. He was called to the Nigerian Bar in 1984 and she a year later, they both worked for the law firm of Majiyagbe (he in Kano and she in Lagos) and there the similarities end. The ultimate power couple in the legal world, Towun and Yemi Candide-Johnson are anything but easy to pigeon hole.
Towun’s light, insightful answers revealed a playful personality which compliments the heavy responsibilities borne as former General Counsel of a major oil producing company while Yemi’s responses were sober and thought provoking, exposing an earnest pre-occupation with matters of grave importance and how he can make a difference in the world. As he juggles responsibilities as a senior partner in Strachan Partners, a commercial law firm in Lagos, she’s just moved to Total’s HQ in Paris as Negotiator in the New Business (Affairs Nouvelles) Division. Her role has been described by the Total Group Personnel as the proverbial ‘stairway to heaven’ and has helped in delivering on Yemi’s dream of happiness which is ‘a small house in rural France, the blessed company of my wife and children, and ready access to simple but evolved cuisine and excellent wine’. Their revealing interview with Ayisha Osori unveils a balanced study in complementary contrasts.
Yemi
A student of history, Yoruba, oenology and international cuisine, Yemi is an arbitration enthusiast. In his own words, ‘arbitration has been shrouded with unnecessary mystery. It has a deep resonance with traditional and cultural African attitude i.e., dispute resolution by the mutual choice of a respected adjudicator. In the 19th century there was a “Kings Court” at IgaIduganran in Lagos and amongst many indigenous communities disputes are still happily resolved by such mutual and voluntary reference. Arbitration law sets standards and institutionalises and validates this cultural practice and relieves the constitutional courts from some of its burden’.
As Chairman of the Lagos State Arbitration Law Reform Committee, he was involved in the reform of the arbitration laws currently before the State House of Assembly. Once passed this will result in a quasi court of arbitration to promote alternative dispute resolution and provide resources of international standards. It will operate like the International Court of Commercial Arbitration (ICC) in Paris and allow Nigeria to compete effectively for arbitration business originating from her own territory.
Yemi’s passions are easy to track and his high social conscience makes him a veritable target for ‘political office’. Whether he is discussing the challenges of legal practice, the state of education in Nigeria or describing his heroes – there is a distinguishable theme: public interest and challenging the status quo. For him, the challenge to legal practice is dealing with the avoidable delay in litigation and the frustrated expectation of litigants who have placed their trust in a civilised means to resolve disputes. Judges who, entrusted with power and responsibility, exacerbate the problem by all too often cooperating with incompetent or dishonest lawyers to nullify the proper operation of the system. Ironically, he found a greater confidence in the sacredness and impartiality of judicial institutions in Kano, maybe because Kano is socially less advanced than Lagos. In Lagos, the high social access to judges has largely demystified the institution and exposed over familiar judges to real or perceived compromise of their status and public confidence in their impartiality.
Yemi in 4 takes:
What is your interest in Public Policy litigation?
Public policy is the primary focus of judicial attention in the procedure of judicial review. In challenging a succession of administrative actions the underlying objective is to affect policy positively for practical business purposes. A series of challenges against the Nigerian Communications Commission under the 2003 Act (with varying results) has been critical to modifying its approach to regulation. “Our challenge of the Department of Petroleum Resources in another high profile case changed forever the response of the petroleum industry to the power of an over bearing and politically compromised regulator.” The increase in the number of legal challenges that have since followed our own cases will gradually raise the standards of legality to be met by Nigerian regulators.
What is the one law you think we absolutely have to change?
The immunity of public officers conferred by the colonial Public Officers Protection Law which has become a haven for incompetence and a license for irresponsible administration.
If there was one thing you could change about legal practice in Nigeria what would that be?
I would make discovery automatic and comprehensive and exclude evidence concealed; reduce the burden of giving evidence before a judge at trial by allowing written depositions to be tested outside the court before trial and totally abolish adjournments after a case is set down for trial.
Who are your heroes in real life?
The ‘economy class passenger’ who is a metaphor for a group that has been disappointed by government and Nigerian political leadership as a whole. They work from dawn till dusk; in darkness and in an insecure environment; fighting through traffic and obstructions set by unhelpful government bureaucracy. They press on, creating jobs and the very wealth of this nation; all the while so restrained they cannot start a revolution when the idle fat cats take first class seats paid for with the blood of heroes!!!
Towun
She’s living one of the most interesting times in her life right now, practically sitting at the edge of her seat with excitement at the boundless opportunities before her. Her new role as Negotiator, New Business Division in Total, Paris has been described as the stairway to heaven because of the immense possibility for personal development and achievement and is a big career step for her. But first she needs to master French and take a crash course on Petroleum Economics. For someone who claims she studied law to get away from numbers, she’s doing a good job of managing figures.
Towun was drawn to law by the intellectual rigour and the impact of law on important matters and working with a multinational has given her a generous amount of exposure, training and development; and this has not been limited to oil and gas law or even law. Her role as General Counsel for Total Upstream Nigeria, presented many legal problems which helped her build competencies in tort, commercial, labour, criminal law and business strategy. For instance in her old role, she had to deal with contempt issues when the Managing Director was served with notices of contempt and committal for continuing with a billion Dollar project because a consultant to another party claimed that they had not been paid for work done. This was particularly interesting because Total had previously been struck out as a party in the matter by the same court and the mystery of the sudden interest in imprisoning a non party for contempt made the issues urgent.
Towun in 4 takes
Where do you see the legal profession in Nigeria within the next 5 years considering globalization?
The “threat” of globalization of the profession in Nigeria is scary! Scary because most of the law firms in Nigeria do not have access to the financial resources necessary to openly compete with firms in the developed world even though some lawyers certainly have equal skills. If foreign law firms are able to do in Nigeria more than they are already doing, it could be a disaster for the legal profession.
Share something you find interesting about your area of specialty.
There are many interesting but controversial aspects of our oil and gas law which after many years of remaining static has suddenly been forced to change in view of the evolving world economy and energy politics. While some changes have been put in place, and others are ongoing, the bulk of these changes are captured in the Petroleum Industry Bill. I find the Petroleum (Drilling and Production) (Amendment) Regulations 2006 which seeks to amend the royalty rates for oil blocks including deepwater blocks intriguing because it is contrary to the Deep Water Deep Offshore & Inland Basin (Production Sharing Contracts) Act 1999 (the PSC Act) .
The PSC Act was enacted to give legal backing for the fiscal incentives granted in the 1993 PSCs and regulates all deepwater blocks. “What is interesting is that Regulations as subsidiary legislation cannot amend an Act. These Regulations are therefore invalid with respect to deepwater blocks and should not ordinarily apply to them.”
How do you spend your time when you are not practicing law?
Unless I am on holiday, I rarely have much time. However, whatever time I do have I spend with my family, a good book or just ‘vegging out’, not necessarily in that order. I also try to exercise: tennis and swimming are favourites.
She Says He Says
What is the major difference (if any) between in house counsel and counsel in law firms?
Towun: I am often bewildered by the impression in some quarters that in-house lawyers are somehow doing less critical work than external counsel. Nothing could be further from the truth. A dedicated and engaged in-house lawyer is the frontline of business and carries the immediate burden of protecting the activity of his client over a range of events and transactions. It is a huge endeavour and a huge responsibility. The main difference probably is that in house counsel cannot represent their clients in court!
He says: The main difference is a potential reduction of objectivity. A well run law department should be at least as effective a legal adviser as any well run law firm. In most cases it should be more effective because of better understanding of the business and will call upon external counsel for balance and not necessarily for better skills. However, an awful lot of legal departments are quite poorly motivated and incompetent.
What do you think about legal education in Nigeria? What should we be doing differently?
Yemi: There is a fundamental problem with the philosophy of education in Nigeria which infects legal education. Students are encouraged to remember, not think. There is minimal value in recitation and recollection. To be valuable and productive, legal education must be deductive and therefore create capacity for reasoning out solutions to a changing variety of factual situations. From the university and through law school students should be challenged to discover the formula for good and bad legal results and not take solace in repetition. Law students ought in particular to discover how the law is employed empirically to achieve practical results.
She says: Standards are far too low. We need to go back to the drawing board. We need dedicated teachers, and we need to ‘train the trainers’ and pay them a decent wage. Lawyers and their clients will benefit from a properly organized and effective continuing legal education body which ensures that lawyers are regularly trained. There are many things we can do e.g., law firms should consider having training officers whose primary responsibility is to chart a course of training for the lawyers in the firm depending on their needs and career aspirations and make sure that they follow through with such training.
Yemi’s Proust Answers
Your most marked characteristic?
Candour !
The quality you most like in a man?
Intellectual courage and sincerity.
The quality you most like in a woman?
Confidence, elegance and honesty.
What do you most value in your friends?
Sincerity, reliability.
What is your principle defect?
I am unsociable, especially for a “Lagos boy”!!
What to your mind would be the greatest of misfortunes for Nigeria?
A government that lacks vision, vigor and basic honesty.
Who is your favorite hero of fiction?
Sherlock Holmes
Who are your favorite heroines of fiction?
Madeline!
What is it you most dislike?
Bad manners.
What global or local reform do you most admire?
Electoral reform.
What natural gift would you most like to possess?
Humility.
What is your present state of mind?
Angry.
To what faults do you feel most indulgent?
Social clumsiness and Excessive zeal.
What is your motto?
Diligence, Excellence and Integrity
Towun’s Proust Answers
Your most marked characteristic?
Workaholic
What is your principle defect?
Always trying to achieve perfection
The quality you most like in a man?
Strength, courage, integrity
The quality you most like in a woman?
Individuality
What do you most value in your friends?
Individuality, Sincerity & frankness
What to your mind would be the greatest of misfortunes for Nigeria?
If our system of democracy – bad as it may be - ceases
In what country would you like to live?
Lagos, Nigeria!! But if I had to live somewhere else….. it would probably be New York City or Paris!
Who is your favorite hero of fiction?
Horatio Kane of CSI Miami
Who are your favorite heroines of fiction?
Little Orphan Annie
Who are your heroes in real life?
My mother. Great men of vision like Martin Luther King, Obafemi Awolowo, Ghandi
What is it you most dislike?
Injustice, Corruption, Avarice, Insincerity etc
What global or local reform do you most admire?
The move against SLAVERY in any form
What natural gift would you most like to possess?
A great singing VOICE.
What is your present state of mind?
Happily content!
To what faults do you feel most indulgent?
Ignorance as a result of a lack of opportunity
What is your motto?
Do unto others as you expect others to do unto you!
Towun’s light, insightful answers revealed a playful personality which compliments the heavy responsibilities borne as former General Counsel of a major oil producing company while Yemi’s responses were sober and thought provoking, exposing an earnest pre-occupation with matters of grave importance and how he can make a difference in the world. As he juggles responsibilities as a senior partner in Strachan Partners, a commercial law firm in Lagos, she’s just moved to Total’s HQ in Paris as Negotiator in the New Business (Affairs Nouvelles) Division. Her role has been described by the Total Group Personnel as the proverbial ‘stairway to heaven’ and has helped in delivering on Yemi’s dream of happiness which is ‘a small house in rural France, the blessed company of my wife and children, and ready access to simple but evolved cuisine and excellent wine’. Their revealing interview with Ayisha Osori unveils a balanced study in complementary contrasts.
Yemi
A student of history, Yoruba, oenology and international cuisine, Yemi is an arbitration enthusiast. In his own words, ‘arbitration has been shrouded with unnecessary mystery. It has a deep resonance with traditional and cultural African attitude i.e., dispute resolution by the mutual choice of a respected adjudicator. In the 19th century there was a “Kings Court” at IgaIduganran in Lagos and amongst many indigenous communities disputes are still happily resolved by such mutual and voluntary reference. Arbitration law sets standards and institutionalises and validates this cultural practice and relieves the constitutional courts from some of its burden’.
As Chairman of the Lagos State Arbitration Law Reform Committee, he was involved in the reform of the arbitration laws currently before the State House of Assembly. Once passed this will result in a quasi court of arbitration to promote alternative dispute resolution and provide resources of international standards. It will operate like the International Court of Commercial Arbitration (ICC) in Paris and allow Nigeria to compete effectively for arbitration business originating from her own territory.
Yemi’s passions are easy to track and his high social conscience makes him a veritable target for ‘political office’. Whether he is discussing the challenges of legal practice, the state of education in Nigeria or describing his heroes – there is a distinguishable theme: public interest and challenging the status quo. For him, the challenge to legal practice is dealing with the avoidable delay in litigation and the frustrated expectation of litigants who have placed their trust in a civilised means to resolve disputes. Judges who, entrusted with power and responsibility, exacerbate the problem by all too often cooperating with incompetent or dishonest lawyers to nullify the proper operation of the system. Ironically, he found a greater confidence in the sacredness and impartiality of judicial institutions in Kano, maybe because Kano is socially less advanced than Lagos. In Lagos, the high social access to judges has largely demystified the institution and exposed over familiar judges to real or perceived compromise of their status and public confidence in their impartiality.
Yemi in 4 takes:
What is your interest in Public Policy litigation?
Public policy is the primary focus of judicial attention in the procedure of judicial review. In challenging a succession of administrative actions the underlying objective is to affect policy positively for practical business purposes. A series of challenges against the Nigerian Communications Commission under the 2003 Act (with varying results) has been critical to modifying its approach to regulation. “Our challenge of the Department of Petroleum Resources in another high profile case changed forever the response of the petroleum industry to the power of an over bearing and politically compromised regulator.” The increase in the number of legal challenges that have since followed our own cases will gradually raise the standards of legality to be met by Nigerian regulators.
What is the one law you think we absolutely have to change?
The immunity of public officers conferred by the colonial Public Officers Protection Law which has become a haven for incompetence and a license for irresponsible administration.
If there was one thing you could change about legal practice in Nigeria what would that be?
I would make discovery automatic and comprehensive and exclude evidence concealed; reduce the burden of giving evidence before a judge at trial by allowing written depositions to be tested outside the court before trial and totally abolish adjournments after a case is set down for trial.
Who are your heroes in real life?
The ‘economy class passenger’ who is a metaphor for a group that has been disappointed by government and Nigerian political leadership as a whole. They work from dawn till dusk; in darkness and in an insecure environment; fighting through traffic and obstructions set by unhelpful government bureaucracy. They press on, creating jobs and the very wealth of this nation; all the while so restrained they cannot start a revolution when the idle fat cats take first class seats paid for with the blood of heroes!!!
Towun
She’s living one of the most interesting times in her life right now, practically sitting at the edge of her seat with excitement at the boundless opportunities before her. Her new role as Negotiator, New Business Division in Total, Paris has been described as the stairway to heaven because of the immense possibility for personal development and achievement and is a big career step for her. But first she needs to master French and take a crash course on Petroleum Economics. For someone who claims she studied law to get away from numbers, she’s doing a good job of managing figures.
Towun was drawn to law by the intellectual rigour and the impact of law on important matters and working with a multinational has given her a generous amount of exposure, training and development; and this has not been limited to oil and gas law or even law. Her role as General Counsel for Total Upstream Nigeria, presented many legal problems which helped her build competencies in tort, commercial, labour, criminal law and business strategy. For instance in her old role, she had to deal with contempt issues when the Managing Director was served with notices of contempt and committal for continuing with a billion Dollar project because a consultant to another party claimed that they had not been paid for work done. This was particularly interesting because Total had previously been struck out as a party in the matter by the same court and the mystery of the sudden interest in imprisoning a non party for contempt made the issues urgent.
Towun in 4 takes
Where do you see the legal profession in Nigeria within the next 5 years considering globalization?
The “threat” of globalization of the profession in Nigeria is scary! Scary because most of the law firms in Nigeria do not have access to the financial resources necessary to openly compete with firms in the developed world even though some lawyers certainly have equal skills. If foreign law firms are able to do in Nigeria more than they are already doing, it could be a disaster for the legal profession.
Share something you find interesting about your area of specialty.
There are many interesting but controversial aspects of our oil and gas law which after many years of remaining static has suddenly been forced to change in view of the evolving world economy and energy politics. While some changes have been put in place, and others are ongoing, the bulk of these changes are captured in the Petroleum Industry Bill. I find the Petroleum (Drilling and Production) (Amendment) Regulations 2006 which seeks to amend the royalty rates for oil blocks including deepwater blocks intriguing because it is contrary to the Deep Water Deep Offshore & Inland Basin (Production Sharing Contracts) Act 1999 (the PSC Act) .
The PSC Act was enacted to give legal backing for the fiscal incentives granted in the 1993 PSCs and regulates all deepwater blocks. “What is interesting is that Regulations as subsidiary legislation cannot amend an Act. These Regulations are therefore invalid with respect to deepwater blocks and should not ordinarily apply to them.”
How do you spend your time when you are not practicing law?
Unless I am on holiday, I rarely have much time. However, whatever time I do have I spend with my family, a good book or just ‘vegging out’, not necessarily in that order. I also try to exercise: tennis and swimming are favourites.
She Says He Says
What is the major difference (if any) between in house counsel and counsel in law firms?
Towun: I am often bewildered by the impression in some quarters that in-house lawyers are somehow doing less critical work than external counsel. Nothing could be further from the truth. A dedicated and engaged in-house lawyer is the frontline of business and carries the immediate burden of protecting the activity of his client over a range of events and transactions. It is a huge endeavour and a huge responsibility. The main difference probably is that in house counsel cannot represent their clients in court!
He says: The main difference is a potential reduction of objectivity. A well run law department should be at least as effective a legal adviser as any well run law firm. In most cases it should be more effective because of better understanding of the business and will call upon external counsel for balance and not necessarily for better skills. However, an awful lot of legal departments are quite poorly motivated and incompetent.
What do you think about legal education in Nigeria? What should we be doing differently?
Yemi: There is a fundamental problem with the philosophy of education in Nigeria which infects legal education. Students are encouraged to remember, not think. There is minimal value in recitation and recollection. To be valuable and productive, legal education must be deductive and therefore create capacity for reasoning out solutions to a changing variety of factual situations. From the university and through law school students should be challenged to discover the formula for good and bad legal results and not take solace in repetition. Law students ought in particular to discover how the law is employed empirically to achieve practical results.
She says: Standards are far too low. We need to go back to the drawing board. We need dedicated teachers, and we need to ‘train the trainers’ and pay them a decent wage. Lawyers and their clients will benefit from a properly organized and effective continuing legal education body which ensures that lawyers are regularly trained. There are many things we can do e.g., law firms should consider having training officers whose primary responsibility is to chart a course of training for the lawyers in the firm depending on their needs and career aspirations and make sure that they follow through with such training.
Yemi’s Proust Answers
Your most marked characteristic?
Candour !
The quality you most like in a man?
Intellectual courage and sincerity.
The quality you most like in a woman?
Confidence, elegance and honesty.
What do you most value in your friends?
Sincerity, reliability.
What is your principle defect?
I am unsociable, especially for a “Lagos boy”!!
What to your mind would be the greatest of misfortunes for Nigeria?
A government that lacks vision, vigor and basic honesty.
Who is your favorite hero of fiction?
Sherlock Holmes
Who are your favorite heroines of fiction?
Madeline!
What is it you most dislike?
Bad manners.
What global or local reform do you most admire?
Electoral reform.
What natural gift would you most like to possess?
Humility.
What is your present state of mind?
Angry.
To what faults do you feel most indulgent?
Social clumsiness and Excessive zeal.
What is your motto?
Diligence, Excellence and Integrity
Towun’s Proust Answers
Your most marked characteristic?
Workaholic
What is your principle defect?
Always trying to achieve perfection
The quality you most like in a man?
Strength, courage, integrity
The quality you most like in a woman?
Individuality
What do you most value in your friends?
Individuality, Sincerity & frankness
What to your mind would be the greatest of misfortunes for Nigeria?
If our system of democracy – bad as it may be - ceases
In what country would you like to live?
Lagos, Nigeria!! But if I had to live somewhere else….. it would probably be New York City or Paris!
Who is your favorite hero of fiction?
Horatio Kane of CSI Miami
Who are your favorite heroines of fiction?
Little Orphan Annie
Who are your heroes in real life?
My mother. Great men of vision like Martin Luther King, Obafemi Awolowo, Ghandi
What is it you most dislike?
Injustice, Corruption, Avarice, Insincerity etc
What global or local reform do you most admire?
The move against SLAVERY in any form
What natural gift would you most like to possess?
A great singing VOICE.
What is your present state of mind?
Happily content!
To what faults do you feel most indulgent?
Ignorance as a result of a lack of opportunity
What is your motto?
Do unto others as you expect others to do unto you!
Dele Belgore SAN
Dele Belgore was called to the bar in 1985 and four years later, before he turned 30, he started his own law practice: Sofunde, Osakwe, Ogundipe & Belgore. Ayisha Osori caught up with Dele recently to talk about legal education, law reform and lots more. Read on and find out the connection between a commercial litigation expert who is a closet ‘giant slayer’ and being a movie star.
How did it all begin with law?
Clearly being from a family of lawyers, which at last count included 5 judges and about 5 lawyers, influenced me. The influence was partially direct: my father not too subtly let me know that he would like me to become a lawyer and largely indirect: living with law books, wigs and gowns and the constant reference to how learned lawyers were.
I started law practice during my NYSC in the legal department of the defunct Nigerian Merchant Bank; joined the chambers of Chief Rotimi Williams in 1986 and became a founding partner of Sofunde, Osakwe, Ogundipe & Belgore (SOOB) in 1989. The rest is history.
Share something you find interesting about any law or your area of specialty that you think people don’t know.
The benefits of arbitration if properly used. A complicated dispute between persons from the same industry and trade does not have to be dealt with by a judge but by their own chosen arbiter, who’ll understand their business, their concerns and would address the issues with expedition and cost efficiency. A lot of corporate don’t realize this and they will be much better for it when they do.
What legal problem or issue have you had to deal with in your professional life which was particularly interesting?
Two readily come to mind. The first was when I was in Chief Rotimi Williams’ Chambers. An old retiree from a large company had his pension withheld by the company for no just cause. This guy was quite junior and his salary was insignificant to the company, but it was all the guy had. I took out garnishee proceedings against the company to attach the company’s funds in the hands of a third party such that the third party paid my client directly. This is not the most complicated work that I have done in my legal practice, but it is one of the most gratifying because of the enormous joy and relief it brought to the client; poignant for its ‘David’ defeats Goliath scenario.
The other instance was when SOOB investigated a fraudulent life insurance claim on behalf of a U.S. insurance company. The investigations led us to Imo State where it turned out, the insured who was supposed to be dead, and upon whose death his son made the claim to our client, was alive and well and had just retired from the police force. Indeed, my partner, Babajide Ogundipe and I, met the “dead man” in his house and had a long conversation with him. This discovery was supposed to be a slam dunk, end of case discovery, but the persistence of the fraudster was unbelievable. Upon being confronted with our discovery, he said that the man we saw and who admitted that he was his father was not his father but his uncle and because his father was dead and by their local custom and tradition, the man steps into the shoes of his father, would never admit to anyone that he’s not his biological father. Both men – the “deceased” and the “uncle” had the same initials. In the end, there was some other insignificant falsehood in the insurance claim form that the guy mailed to my client so he was threatened with prosecution for a postal offence if he did not abandon his claim. That was how the matter was resolved.
Would you practice law again if you could do it all over?
Probably… because I cannot think of anything else that I would like better, other than being a world renowned movie or pop star. This is not because law practice has been a wonderful thrilling life experience for me, but rather by default.
You come from a family of lawyers. Would you want to influence your children to study law? How would you feel if none of them did?
Personally, if none of my children studied law it would make absolutely no difference to me. I want them to study whatever it is they think they enjoy and are good at (and I have told them this) and in the process hopefully they will be guided to a career. I have heard however that my son told a close friend of mine that there are “invincible forces” pressurizing him to study law. That pressure is not coming from me – maybe from his grand father or other family members or maybe it is just his imagination.
As a lawyer of 23 years, 19 as a partner in a law firm, what would you say are the most challenging aspects of a law partnership?
To use an old cliché; a law partnership (any business partnership) is like a marriage. It works because you trust and complement each other and agree to work towards a common purpose. This means you will not always have your way and might feel that in certain situations you might be able to produce better results. So it’s a challenge of restraint, acceptance and mutual respect. If I might add, if I had to do it all over again I would hope I get exactly the same persons as partners as I have now. They are wonderful human beings and of the highest standard of professional ability and integrity.
What do you think about legal education in Nigeria? Any thoughts on what we should be doing differently?
Yes: there should be an accredited system of continuing legal education. Would you feel comfortable being attended to by a doctor who qualified over 20 years ago and who has not updated himself with modern medical techniques since he qualified? The same should go for lawyers. Having said this, the Business Law Section of the NBA provides a forum for this and so does the IBA, which a large number of Nigerian lawyers belong to. What is missing is a structured accreditation system for Nigeria. I think the NBA should set up a system whereby it is mandatory that you earn a certain number of points per year for continuing professional development. Courses, conferences and activities such as the IBA, NBA, publications, court appearances, advisory work etc. should go towards earning those points and a certificate or accreditation be given upon compliance. That way a client can satisfy himself that his lawyer is current in his practice.
How do you spend your time when you are not practicing law?
I am a homely person, normally at home with my family, watch TV or entertaining friends.
Where do you see the trend of legal practice in Nigeria over the next 5 years considering globalization?
I see greater and more defined lines of specialization and clients becoming more discerning. Today, a great deal of legal work is being dished out not on the basis of the competence of the lawyer but on personal relationships with the client. As the needs of the client become bigger and more sophisticated this will change. I expect also to see the creation of more partnerships and the merger of firms, and of course the incursion of foreign law firms.
If there was one law you think Nigeria absolutely had to have/modify/change what would that law be?
The Land Use Act. It is anachronistic and not commercially friendly, though from the point of view of the government it gives them control. I would also repeal our bigamy laws as they exist in our statute books as I am not aware of anyone having being prosecuted under them.
Since lawyers are considered learned and guardians of the conscience of society, care to share your views about leadership in Nigeria?
Leadership is about sacrifice and not personal benefit. The people you lead are the masters and you are their chosen servant. It is meant to be a selfless service. Unfortunately, in Nigeria most of our leaders don’t understand what leadership really entails or they do understand it but are so consumed by their selfishness. Rather than lead they lord it over people, they oppress rather than address or redress wrongs and they are the problem and not the solution.
Proust Questionnaire
1. To what faults do you feel most indulgent?
My family, if that could be considered as a fault
2. Who are your favorite heroes/heroines of fiction?
I can’t really think of any, maybe Indiana Jones, James Bond, essentially the action heroes who save the world and get the girls.
3. Who are your favorite heroes/heroines of history?
Selfless leaders or individuals who put the interest of others above their own and have had to make sacrifices in that process. Nelson Mandela comes top of the list in the modern age and going back in time it would be the likes of Mahatma Gandhi and Oliver Cromwell (who fought for parliamentary sovereignty in England.
4. Your most marked characteristic?
That’s looking at yourself in the mirror. I’ll let others decide.
5. The quality you most like in a man?
Forthrightness and honesty. It is an endearing quality to know where a man stands on an issue and to know that his stance is based upon his conviction
6. The quality you most like in a woman?
Same as with men but with added features of virtue, tenderness, intelligence and beauty
7. What do you most value in your friends?
Same qualities as I value most in men
8. What to your mind would be the greatest of misfortunes?
If I were to wake up and find that everyone that I care about is gone
9. What natural gift would you most like to possess?
Greater sporting and linguistic abilities
10. What is your present state of mind?
I would say that my present state of mind is free and balanced. Free in the sense that I don’t feel I am carrying any undue burden and I thank God for that. Balanced because I think I am fairly normal.
11. What is your motto?
Live and let live but thrive for improvement in yourself and in people and things around you.
In a nut shell
Dele Belgore, a partner in the law firm of Sofunde, Osakwe, Ogundipe and Belgore was born on the 25th of June 1961 in London.
He was educated in Capital School Kaduna, Offa Grammar School, Shoreham College and the Universities of Hall & Bristol
The ‘faults’ he is most indulgent with are his family, he wishes he had sporting & linguistic abilities and his present state of mind is free & balanced.
How did it all begin with law?
Clearly being from a family of lawyers, which at last count included 5 judges and about 5 lawyers, influenced me. The influence was partially direct: my father not too subtly let me know that he would like me to become a lawyer and largely indirect: living with law books, wigs and gowns and the constant reference to how learned lawyers were.
I started law practice during my NYSC in the legal department of the defunct Nigerian Merchant Bank; joined the chambers of Chief Rotimi Williams in 1986 and became a founding partner of Sofunde, Osakwe, Ogundipe & Belgore (SOOB) in 1989. The rest is history.
Share something you find interesting about any law or your area of specialty that you think people don’t know.
The benefits of arbitration if properly used. A complicated dispute between persons from the same industry and trade does not have to be dealt with by a judge but by their own chosen arbiter, who’ll understand their business, their concerns and would address the issues with expedition and cost efficiency. A lot of corporate don’t realize this and they will be much better for it when they do.
What legal problem or issue have you had to deal with in your professional life which was particularly interesting?
Two readily come to mind. The first was when I was in Chief Rotimi Williams’ Chambers. An old retiree from a large company had his pension withheld by the company for no just cause. This guy was quite junior and his salary was insignificant to the company, but it was all the guy had. I took out garnishee proceedings against the company to attach the company’s funds in the hands of a third party such that the third party paid my client directly. This is not the most complicated work that I have done in my legal practice, but it is one of the most gratifying because of the enormous joy and relief it brought to the client; poignant for its ‘David’ defeats Goliath scenario.
The other instance was when SOOB investigated a fraudulent life insurance claim on behalf of a U.S. insurance company. The investigations led us to Imo State where it turned out, the insured who was supposed to be dead, and upon whose death his son made the claim to our client, was alive and well and had just retired from the police force. Indeed, my partner, Babajide Ogundipe and I, met the “dead man” in his house and had a long conversation with him. This discovery was supposed to be a slam dunk, end of case discovery, but the persistence of the fraudster was unbelievable. Upon being confronted with our discovery, he said that the man we saw and who admitted that he was his father was not his father but his uncle and because his father was dead and by their local custom and tradition, the man steps into the shoes of his father, would never admit to anyone that he’s not his biological father. Both men – the “deceased” and the “uncle” had the same initials. In the end, there was some other insignificant falsehood in the insurance claim form that the guy mailed to my client so he was threatened with prosecution for a postal offence if he did not abandon his claim. That was how the matter was resolved.
Would you practice law again if you could do it all over?
Probably… because I cannot think of anything else that I would like better, other than being a world renowned movie or pop star. This is not because law practice has been a wonderful thrilling life experience for me, but rather by default.
You come from a family of lawyers. Would you want to influence your children to study law? How would you feel if none of them did?
Personally, if none of my children studied law it would make absolutely no difference to me. I want them to study whatever it is they think they enjoy and are good at (and I have told them this) and in the process hopefully they will be guided to a career. I have heard however that my son told a close friend of mine that there are “invincible forces” pressurizing him to study law. That pressure is not coming from me – maybe from his grand father or other family members or maybe it is just his imagination.
As a lawyer of 23 years, 19 as a partner in a law firm, what would you say are the most challenging aspects of a law partnership?
To use an old cliché; a law partnership (any business partnership) is like a marriage. It works because you trust and complement each other and agree to work towards a common purpose. This means you will not always have your way and might feel that in certain situations you might be able to produce better results. So it’s a challenge of restraint, acceptance and mutual respect. If I might add, if I had to do it all over again I would hope I get exactly the same persons as partners as I have now. They are wonderful human beings and of the highest standard of professional ability and integrity.
What do you think about legal education in Nigeria? Any thoughts on what we should be doing differently?
Yes: there should be an accredited system of continuing legal education. Would you feel comfortable being attended to by a doctor who qualified over 20 years ago and who has not updated himself with modern medical techniques since he qualified? The same should go for lawyers. Having said this, the Business Law Section of the NBA provides a forum for this and so does the IBA, which a large number of Nigerian lawyers belong to. What is missing is a structured accreditation system for Nigeria. I think the NBA should set up a system whereby it is mandatory that you earn a certain number of points per year for continuing professional development. Courses, conferences and activities such as the IBA, NBA, publications, court appearances, advisory work etc. should go towards earning those points and a certificate or accreditation be given upon compliance. That way a client can satisfy himself that his lawyer is current in his practice.
How do you spend your time when you are not practicing law?
I am a homely person, normally at home with my family, watch TV or entertaining friends.
Where do you see the trend of legal practice in Nigeria over the next 5 years considering globalization?
I see greater and more defined lines of specialization and clients becoming more discerning. Today, a great deal of legal work is being dished out not on the basis of the competence of the lawyer but on personal relationships with the client. As the needs of the client become bigger and more sophisticated this will change. I expect also to see the creation of more partnerships and the merger of firms, and of course the incursion of foreign law firms.
If there was one law you think Nigeria absolutely had to have/modify/change what would that law be?
The Land Use Act. It is anachronistic and not commercially friendly, though from the point of view of the government it gives them control. I would also repeal our bigamy laws as they exist in our statute books as I am not aware of anyone having being prosecuted under them.
Since lawyers are considered learned and guardians of the conscience of society, care to share your views about leadership in Nigeria?
Leadership is about sacrifice and not personal benefit. The people you lead are the masters and you are their chosen servant. It is meant to be a selfless service. Unfortunately, in Nigeria most of our leaders don’t understand what leadership really entails or they do understand it but are so consumed by their selfishness. Rather than lead they lord it over people, they oppress rather than address or redress wrongs and they are the problem and not the solution.
Proust Questionnaire
1. To what faults do you feel most indulgent?
My family, if that could be considered as a fault
2. Who are your favorite heroes/heroines of fiction?
I can’t really think of any, maybe Indiana Jones, James Bond, essentially the action heroes who save the world and get the girls.
3. Who are your favorite heroes/heroines of history?
Selfless leaders or individuals who put the interest of others above their own and have had to make sacrifices in that process. Nelson Mandela comes top of the list in the modern age and going back in time it would be the likes of Mahatma Gandhi and Oliver Cromwell (who fought for parliamentary sovereignty in England.
4. Your most marked characteristic?
That’s looking at yourself in the mirror. I’ll let others decide.
5. The quality you most like in a man?
Forthrightness and honesty. It is an endearing quality to know where a man stands on an issue and to know that his stance is based upon his conviction
6. The quality you most like in a woman?
Same as with men but with added features of virtue, tenderness, intelligence and beauty
7. What do you most value in your friends?
Same qualities as I value most in men
8. What to your mind would be the greatest of misfortunes?
If I were to wake up and find that everyone that I care about is gone
9. What natural gift would you most like to possess?
Greater sporting and linguistic abilities
10. What is your present state of mind?
I would say that my present state of mind is free and balanced. Free in the sense that I don’t feel I am carrying any undue burden and I thank God for that. Balanced because I think I am fairly normal.
11. What is your motto?
Live and let live but thrive for improvement in yourself and in people and things around you.
In a nut shell
Dele Belgore, a partner in the law firm of Sofunde, Osakwe, Ogundipe and Belgore was born on the 25th of June 1961 in London.
He was educated in Capital School Kaduna, Offa Grammar School, Shoreham College and the Universities of Hall & Bristol
The ‘faults’ he is most indulgent with are his family, he wishes he had sporting & linguistic abilities and his present state of mind is free & balanced.
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