Dr Akeem Bello speaks on Law Reform, Economic Development and the NBA-SBL 2016 Business Law Conference
In this interview with Dr Akeem Bello, the chairman of the Programme & Contents Sub-Committee of the nba-sbl 2016 Conference Planning Committee speaks on Law Reform, Economic Development and the 2016 Annual Business Law Conference – the primary gathering gathering of business lawyers in Nigeria.
The choice of this year’s theme…How relevant is that to present economic realities?
The theme for the year’s conference is “Law Reform and Economic Development”. Nigeria is passing through challenging times. The price of crude oil which has being the mainstay of our economy has continued to fall in the international market. The need to diversify our economy and grow the economy has never been more compelling. The law has an important role to play in stimulating economic development and providing a conducive environment for the economy to grow. The conference sessions will examine various issues such as “Whether there is a need for institutional reforms in the management of Nigeria’s Economy”. Two sessions are devoted to addressing the legal infrastructure for doing business in Nigeria. There is a session on “Whether the Companies and Allied Matters Act as a Vehicle for doing business is fit for a modern and growing economy.” There is the associated session examining the issue of how to “Move Nigeria up the Ladder in the Ease of Doing Business Metrics.” A session is dedicated to examining “The Future Prospects for the Oil and Gas Industry – The Challenges of Reforming the Sector.” This session is critical in view of the dwindling oil revenues and the need to re-position the industry. The important issue of whether there is need to reform the process of commercial arbitration is covered by a session on “Resolving Disputes – Is the Arbitration and Conciliation Act still fit for the Purpose.” A session is devoted to issues relating to promoting commercial agriculture. Commercial agriculture is one of the viable options to create employment and diversify the Nigerian economy. Another session focuses on tapping the potentials of Nigeria’s Solid Minerals as a source of economic development. The two last sessions focus on the power sector reform delivering electricity and the vision for infrastructure development in Nigeria.
The above sessions within the general theme of “Law Reform and Economic Development” connects not only with the economic challenges facing us as a nation, but also significantly with the policy direction of the Government to diversify the economy and promote economic and infrastructural development.
Could you please share with us details of some of the speakers, panelists, guests and session chairs at this event?
The opening ceremony on June 22nd 2016, is to be chaired by Hon Justice Mahmoud Mohammed, GCON FNJI, Chief Justice of Nigeria. The Guest Speaker and Special Guest of Honour is Prof. Yemi Osinbajo, SAN, GCON, Vice-President of the Federal Republic of Nigeria. The Vice-President will be speaking on “Africa Rising- Managing Africa’s Economies for the benefit of its Peoples.” The Special Guest at the opening ceremony is Mallam Abubakar Malami, SAN the Hon. Attorney General of the Federation and Minister for Justice. The opening ceremony is an evening event between the hours of 7.30pm and 10pm. Welcome addresses will be delivered by Dr. Babatunde Ajibade, SAN Chairman of the 10th SBL Conference Planning Committee, Mr. Asue Ighodalo- Chairman of the NBA Section on Business Law and Mr. Augustine Alegeh, SAN President of the NBA. The addresses will be followed by dinner, the Chairman’s remarks, and the Vice-President’s Speech.
The working sessions of the conference will hold on the 23rd and 24th of June with a total of ten sessions. I have already made reference to the topics covered by the sessions. The speakers, panellists, sessions chairs, and moderators are all important role players in the economy, business leaders, policy makers, the legislature and other important sectors in the Nigeria society. They include Mr. Fola Adeola OFR, mni, Chairman, Fate Foundation, Hon. Femi Gbajabiamila Majority Leader House of Representatives, Mr Gbenga Oyebode MFR, Mrs Kemi Adeosun, Hon. Minister for Finance, Professor G.A. Olawoyin, SAN, Dr. Ibe Kachikwu, Hon. Minister of State for Petroleum Resources, Chief Bayo Ojo SAN, former Attorney General of the Federation and Minster for Justice, Hon. Justice Peter Affen, FCT High Court, Dr, Okechukwu Enelamah, Hon. Minister for Industry Trade and Investments, Chief Audu Ogbeh, Hon. Minister for Agriculture, Professor I.O. Smith, SAN, His Excellency, Mallam Nasir el Rufai, Governor of Kaduna State, Dr. Lanre Babalola Former Hon. Minister of Power, Alhaji Aliko Dangote, President Dangote Group, and Mr. Babatunde Raji Fashola, SAN, Hon. Minister for Power, Works and Housing amongst others
The line-up seems quite strategic and impressive at the same time. Could you please tell us how the SBL was able to pull this caliber of persons together for a non-governmental event?
Several factors could account for our being able to pull together the high calibre of speakers, panellists and chairs. First, SBL has acquired a reputation and distinction for putting together highly impactful conferences over the years. SBL has become a brand and a platform that is capable of attracting the interest and participation of the calibre of persons that we have been able to pull together this year. Second, SBL has been able to use its extensive network of members, partners and other collaborators to reach out to the speakers and facilitators. We remain very grateful for all the facilitators who have graciously agreed to be part of the SBL 2016 despite their very busy schedules.
Africa Rising – Managing Africa’s Economies, Managing Nigeria’s Economy, Doing Business, CAMA, Oil & Gas Industry, Dispute Resolution, Commercial Agriculture, Solid Minerals, Power Sector Reform, Infrastructure Development, ……No doubt, the sessions and topics are robust and far-reaching. Nonetheless, do you think the speakers and panelists will do justice to all of these issues, enough to bring about any sort of policy direction or law reform?
…Still, 11 Sessions, with over 52 Speakers and panelists, isn’t this a bit too much for a three-day or technically speaking, a two-day conference? What do you hope to achieve with so many panelists and speakers?
The two questions are similar so I have provided one response
We believe that the speakers and panellists would do justice to the issues covered by the sessions because they have been carefully selected having regard to their experiences in relation to the issues. In addition, each session has session coordinators whose role is to prepare the speakers, panellists and chairs before the conference to enable them clearly understand their role and what the conference organisers expect from them. The coordinators will provide all moderators with guide notes to ensure that the presentations and discussions are tailored towards meeting the objectives of the conference. The goal of having over 52 speakers and panellist is to provide opportunities for different speakers and panellists with rich but varied experiences to articulate their views about solutions and approaches to many of the complex issues that would be covered by the sessions. The emphasis of the presentations and discussions will be on proposals for reform either in terms of institutional reform, legal reform or policy change. The SBL has trained rapporteurs who will carefully capture the suggestions for reform or where there are different approaches to the same issues, those approaches and arguments for and against would also be captured.
What sort of interaction and engagement should we expect at convergence of this nature – involving policy makers, regulators, the business community and business lawyers?
At a conference of this nature where policy makers, regulators, business community and business lawyers converge we expect that the interaction and engagement would feature the following:
From the business community we expect that some of the challenges hindering investment and economic growth will be highlighted and suggestions for addressing the challenges will be proffered from the point of view of the business community.
From business lawyers we expect that some of the legal challenges to doing business in all the sectors of the economy will be highlighted and suggestions by way of law reform and institutional reforms will be proffered.
From policy makers and regulators we expect that efforts by the government to address the challenges to doing business in all the sectors of the economy will be highlighted and we also expect responses to some of the solutions to be proffered by the business community and business lawyers.
One of the most vital challenges in the country today is the issue of power infrastructure. In your opinion, what sort of power reforms would be the focus at the session on Power: ‘POWER SECTOR REFORM – WHEN WILL THE LIGHTS COME ON?’
We all know that reform of the power sector has not translated into increased and stable electricity supply for Nigerians. It is expected that this session will address the problems preventing the “lights from coming on” and proffer solutions to address the problems.
Do the deliberations at these conferences actually drive policy changes or lead to the enactment of legislations that affect the development of commerce and business in Nigeria?
The deliberation at SBL conferences are designed to drive policy changes. I noted earlier that suggestions and recommendations arising from the conference will be captured by rapporteurs. The SBL has platforms for consultations with policy makers and the legislative arm of government. The SBL is actively involved in the ongoing effort by the Senate of the Federal Republic of Nigeria to reform laws relating to the conduct of business in Nigeria. SBL has submitted a written submission which is been considered by the Senate to reform some of the laws. The report of the SBL conference 2016 will be used to engage policy makers, regulators and the legislature to ensure that necessary legislations are enacted or amended to promote economic development in Nigeria.
Does the SBL conferences garner CLE points for members of the Section and other lawyers who attend the conference?
I understand that SBL Conferences have been accredited by the NBA’s Institute for Continuing Legal Education and that CLE points would be awarded for lawyers who attend the conference.
As a legal expert, how do you think Nigeria’s administration of justice system affects local businesses and foreign investments today and how in your opinion can we get the best out of the system?
The speed at which commercial disputes are resolved in Nigeria is a major concern for local business and foreign investors. While acknowledging that some efforts have been made in terms of reviewing the rules of procedure and the provision of infrastructure to improve the administration of justice, a lot more still has to be done. In particular, the process of recording court proceedings still relies substantially on judges taking manual notes of proceedings. The process of automating recording of court proceedings still remain a major challenge across the country involving isolated initiatives with varying degrees of success. Automating the recording of court proceedings is a must if we are indeed serious about improving the process of administration of justice in Nigeria. For as long as judges continue to record proceedings manually, the goal of achieving speedy administration of civil justice will remain largely a dream. In addition, most of the reform of administration of justice has focused almost exclusively on the High Courts and the higher courts. With the exception of Lagos State, there has been no significant effort to reform the process of justice delivery at the level of Magistrates Courts in Nigeria. The reform and increase in the capacity of Magistrate courts will free up the High Courts to take on more important commercial and other cases. With the upgrading of Magistrates Courts in Lagos and increase of its civil jurisdiction, it is expected that more civil cases should flow to it thereby enabling the High Court to deal with more complex commercial disputes.
The use and adoption of alternative dispute resolution mechanisms remain a viable option to resolving commercial disputes. Many practitioners in the field of arbitration agree that the Arbitration and Conciliation Act may no longer be the appropriate legal framework for resolving commercial disputes by arbitration in Nigeria. This has resulted in States like Lagos taking the initiative by establishing a legal framework for arbitration and a court of arbitration.
Dr Akeem Bello
Dr. Bello is a Senior Lecturer at the Department of Public Law, Faculty of Law, University of Lagos – between 2012 and 2015. He served as a Law Reform Commissioner with the Lagos State Law Reform Commission. The initiatives of the law reform initiatives of the Commission eventually resulted in the compilation and publication of the Laws of Lagos State 2015.