Academic Committee
Can we meet you sir?
My name is Ilias Kazeem. I am a PhD student in the University of Aberdeen, in the United Kingdom and I am a partner at the law firm of Sholias LP in Lagos, Nigeria. I started my law career as a litigation clerk in the law office of Gbola Adeosun & Co (Niyass Chambers) for 2 years between 2006 and 2008. I graduated from University of Ilorin in 2013 and I had the privilege of having a First Class in my LLB. I was the first person to have a first class in LLB at the University of Ilorin. I went to law school and was called to the Nigerian Bar in 2014. Then, I worked in the law firm of Banwo & Ighodalo as an Associate for about 5 years. In year 2020, I obtained an LLM with Distinction at the University of Aberdeen in Energy and Environmental Law.
How has the journey been and what has been your achievement?
The Journey has not been particularly easy, but I see life generally as a combination of ups and downs. My perspective about life reflects in my career as well. With the ups and downs, one can as well focus on what leads one to the greater heights rather than what drags one down. I am also of the view that my biggest achievement is the level of impacts I am able to achieve. During my undergraduate program for example, we had arrangements for tutorials which helped people but also assisted the tutors in self-development. If you were to teach on anything, you would read up ahead on it. I also actively participated in debating, moot court and mock trials. So, if you bring any problem to me, I will focus on where the solution lies rather than the magnitude of the problem. At first blush, it always appears that everything is collapsing, but I usually would advise that one should not focus on the problem but look at the strategy for solution. If a problem is complex, it is like that so that the solution should also be. I continue to apply myself this way even in representing my clients to find legal solutions.
Recently, you were conferred with a membership of the Young Arbitration Group of the Energy Disputes Arbitration Centre, what is your advice to law students and young lawyers who intend to explore this area of law?
My advice to law students and young lawyers interested in Arbitration, Energy law, energy arbitration or any other specialist area of law is to start studying and preparing for it, through internship, training and other mechanisms. It might not be enough to have qualifications in arbitration, as having expertise, qualification and/or experience in energy law will be required. Take for example, we have people specializing in Energy Arbitration, Construction Arbitration or Maritime Arbitration. What people do is to get qualifications and experience in both arbitration and specialized areas of interest. If you want to do energy Arbitration, you could consider a professional or academic qualification in energy law in addition to arbitration. I did Energy and Environmental law at LLM level and that has been very helpful. Some people started off practicing energy law in law firms or with internships in law firms before specializing in energy arbitration. As a student, you could also intern in an institution may be like an Arbitration institution or a law firm, to have a chance to gain experience in arbitration. Things like that put you on track. Also, joining a professional body that focuses on the particular area that you are interested in can increase your exposure and visibility.
Sir, what effect does the economic issues in Nigeria have on Investment Arbitration particularly in Nigeria?
Investment arbitration is an offshoot of treaty provisions regarding investments. It is when you have a lot of foreign investments and foreign investors that you can expect the investment law in a country to be active, including investment arbitration. There must be something that attracts foreign investors to invest in a place for investments to thrive in that place. So, the economic situation has a huge impact on foreign investments, and by extension, investment law and investment arbitration.
Sir, in practice, are there some similarities and differences between Investment Arbitration and Commercial Arbitration?
Commercial arbitration focuses on contractual claims usually between commercial parties, government agencies or government-owned corporation. Investment Arbitration is a dispute between a foreign investor and the government of the host state of the investment, based on investment treaty provisions and investment provisions in domestic legislations (see for example the Nigeria Investment Promotion Commission Act, where the government has promised that foreign investors in Nigeria are guaranteed repatriation of profits or dividends – Section 24). Where there is an unfair measure taken by the government against the foreign investor, the foreign investor can seek remedy in investment arbitration. One major difference is that investment arbitration is a hybrid of private law and public law – private law in the sense that private investors are involved, where the private investors may have also signed an investment contract which the investment arbitration tribunal will consider. The public law aspect is in the treaties that are applied in resolving the investment disputes. The Arbitrators then have to follow laid guidelines on the interpretation of treaties such as can be found in the Vienna Convention on the Law of Treaties. There are also some guide in the precedents from the international courts and tribunals including the International Court of Justice, the tribunal on the law of the sea, among others.
So, an investment arbitration tribunal must reconcile the private law elements with the public law aspects of the proceedings. In commercial arbitration, the proceedings can be entirely private and confidential until it gets to the stage of enforcement or annulment of awards in courts where processes filed by the parties before the courts become public record. This is not the case with investment arbitration, because of the public law aspect. Looking at the UNCITRAL Arbitration Rule of 2013, certain rules of procedures particularly meant for investment arbitration require transparency and the proceedings cannot be entirely private and confidential. The practice is that tribunals often allow limited access to information regarding the proceedings. My PhD research is focusing on investment arbitration particularly with respect to energy and natural resources disputes and there are platforms that already report proceedings or part of the documents used in investment arbitration cases. If you need notice of arbitration in an investment arbitration case, or the award that has been rendered by the tribunal, the documents are made available to the public (at least in redacted format) because the tribunals understand that they have to balance privacy and confidentiality with transparency in investment arbitration. So, anyone that has something to do with investment arbitration will need to get acquainted with some aspects of public international law.
International Arbitration is one of your core areas of practice, what is the impact of this area of law in Nigeria?
When it comes to issues like investments and commercial transactions, parties often seek quick resolution of the dispute in a way they can carry on their investments and commercial activities unhindered. They are also often interested in efficiency of the proceedings and quality of decisions including expertise and independence of the adjudicators. International Arbitration offers these and many more to the commercial parties and foreign investors compared to courtrooms. Party autonomy of the international arbitration also give the commercial parties and foreign investors certainty because they can choose who their arbitrators will be, where dispute resolution will take place, the kind of procedure that will be applied and the governing law. International arbitration is ‘de-localized’ – it is not necessarily attached to the domestic law of a country. I think international arbitration should be encouraged more in Nigeria.
Ma, can we meet you?
My name is Olatoyosi Alabi (Mrs.), a legal practitioner of 25 years.
I am a Partner at Olaniwun Ajayi LP with over 20 years’ experience and proficiency in Intellectual property, notably trademarks enforcement, a prosecutor and defender of a number of lawsuits involving passing off claims, trademark, design, patent and copyright infringement, and revocation of trademarks. On the non-contentious side, I represent clients notably in Mergers and Acquisition transactions, advising on the transfer, acquisition or licensing of IP rights.
Outside law, I am quite passionate about engaging, motivating and building people up through counseling. I am a mother of three children and a Christian with a strong belief and faith in Christ,.
In the last twenty (20) years, Intellectual Property was not recognized in Nigeria as it is now, what factors influenced the choice of your practice area?
My interest in the practice of Intellectual property law stemmed from the firm I cut my teeth in practice with; Jackson Etti and Edu, specialists in Intellectual property. I will not say that intellectual property law was unknown in Nigeria, as my previous firm and other IP firms in Nigeria, had huge portfolios of intellectual property matters, mostly from foreign clients with brands in Nigeria; from electronic companies like Sony, to food brands like Kelloggs and Mars, and cosmetic brands like Fashion Fair etc.
I focused on enforcing intellectual property rights through litigation as well as quasi-judicial measures like enforcement through the Standard Organization of Nigeria or the police, to protect intellectual property rights.
What is the future of Intellectual Property Law and Entertainment Law in the Nigeria Industry?
To envisage the future of intellectual property law, let’s dwell a little on the present.
Previously, intellectual property was centered on brand protection of manufactured goods, across various business sectors ranging from electronic manufacturing to fashion, to foods. With the advent of entertainment and technology, creations have become less tangible, making creatives concerned not just about branding but about exploitation of the various components of proprietary rights in their brands, and the prevention of unauthorised exploitation and devaluation of their works.
Creatives are past being solely concerned about someone recording music unauthorizedly and awoken to the commercialization of their work beyond their original creation. Although copyright in Nigeria need not be registered for proprietorship to be attributed to an author of works, creatives have recognized the competitive advantage in depositing their work with the copyright commission to secure their ownership for exploitation and facilitate adequate protection.
With the wave of Afrocentricity in the movie industry (not least from the ground breaking success of the megabudget film, Blank Panther), foreign investors are showing a much higher degree of appreciation and interest in works authored by Africans. We are thus witnessing within the entertainment legal space, a lot of licensing and assignment of intellectual property rights, and a higher degree of recognition of the value of intellectual property rights as over which security interests can be created, even as securitization of IP is gaining prominence in advanced jurisdictions.
The recognition of different segments and parties involved in creative activity will rise as intellectual property rights are highly transactional and its full force would be seen in the aspects of entertainment and technology law.
What opportunities await Law students and Young Lawyers interested in Intellectual Property Law and what skills should they acquire?
Every skill required by any lawyer would be needed by an intellectual property lawyer. The basic contract law would always be king as its skills are very necessary. Specialist knowledge of IP can be obtained by educating oneself through direct read, interning with creatives or with law firms with IP practices. The knowledge of Mergers and Acquisitions would also come in handy as companies who need to invest and acquire IP assets would require the services of lawyers to advise them on these acquisitions and investments.
Speaking of opportunities open in intellectual property area, we have intellectual property enforcement lawyers who prosecute IP infringers, and defend proprietors’ works. To this end, knowledge of civil and criminal procedure will come in handy. In other to thrive in this area, basic substantive knowledge of the law of torts, notably passing off, would be necessary. Knowledge of statutes governing Intellectual Property rights such as Trademarks Act, Patents and Designs Act, Copyright Act is key.
A lawyer who has studied law will essentially be able to plug his/her knowledge of contract when practicing. The role of contract law cannot be overemphasized and that forms the reason contract law should be taken very seriously from the get go. At the end of the day, contract will still be contract. The basic contractual principles would still apply irrespective of the sector.
If you are looking at being an Intellectual Property Enforcement lawyer, the knowledge base for that is just your civil and criminal procedure for a start. When it has to do with IP protection, substantive areas of torts, tort of passing off cannot be neglected.
Knowledge of all these areas will put a young lawyer in good stead.
As a Partner at Olaniwun Ajayi LP, how have you been able to effectively strike a balance between work life and other aspects of life?
It’s an ongoing discussion and each person has found a way to work around it. I need to let us know that people in the work force or get married at different ages. Some work before getting married, while some others like me get married before joining the work force. I got married a year after law school. Immediately after law school, I went for my masters, waited a couple of months and got married prior to NYSC. Family comes first for me. I tried to balance that anytime I was not working, I was family focused.
In life, something has to give way for the other and in my own case; hanging out with friends gave way in my marital life. The quality of time you spend with your children speaks volumes. So after work, I make the most of the few hours left in the day for my children and when they go to bed, I may pull my laptop or a book back up and work. The other thing in relation to marriage was when the children go to bed, my husband and I will then have the much-needed time for each other as a couple. If you start out family life before your career the effect maybe that your career progression may be slowed down, but it is worth the sacrifice. I encourage people who have opportunities to work before marriage to sow a lot, so they can reap quickly and rely on the residual knowledge and experience when the children come and take up their time. Olaniwun Ajayi launched a ‘Today; Tomorrow’ new way of life, which has been of help to many, as it essentially allows the generation of tomorrow, to shape the Olaniwun Ajayi business today, Members of the firm were granted the freewill to express and recreate their work environment in the way it suits them. The firm took a drastic step in implementing a number of the creative suggestions proffered, in the spirit of “Today Tomorrow”. Of note is the introduction of flexi hours on a weekly basis given to members of staff to ‘do their own thing’.
What measures should be adopted to curb plagiarism in the Nigerian Entertainment Industry?
Plagiarism means infringement of a proprietary right. In relation to trademarks, the requisite legal terminology will be Trademark Infringement, while for copying of written articles or other literary work, it’s called Plagiarism or more pertinently, Copyright Infringement and in relation to replication of products, Counterfeiting. It has been tough to curb infringements especially in relation to technology. Although there are sufficient provisions in the Copyright Act for enforcement, including the reliance on Copyright inspectors of the Copyright Commission, or the Police to carry out search and seizures of infringing works, Nigeria however does not have sufficient machinery to actualize these provisions.
Going down history lane, at the peak of pirating of DVDs in Nigeria, some proprietors, coming to terms with the limitations of curbing counterfeiting using the machination of the law, put on a more commercial hat, and decided to identifyand engage the big copyright infringers notably at Alaba market, here in Lagos. They approached infringers and struck a parallel deal with them; they formed a ‘Parallel trade’ whereby, for ‘commission-royalty payments’, proprietors of films authorized the copy of their movies by the ‘Alaba movement’, obviously at cheaper rates and in less qualitative forms, for a specific target market, whilst the ‘original’ more qualitative copies of the movies, were sold in the more elitist market. The end goal? A win win that enabled the proprietors earn from both markets and a peaceful more overt operation by previous infringers.
In a similar vein, the ‘take down’ demand as a mechanism of enforcement turned out to be an easier way to enforce infringement in the digital space. This has been effective because most of the credible distribution platforms do not want to be parties to litigation or or other contentious forms of dispute resolution. One major challenge is difficulty in identifying the infringers, in the absence of which the distribution platform is the target to which a takedown demand is made for infringing works.
What is your advice to law students and young lawyers on specialization?
Firstly, I must say that it is good to be in that place where you do not know what to specialize in.
I actually congratulate people of this generation because they are at that indecisive stage. Being at this ‘indecisive’ stage means that there is no pressure, and there is an opportunity toexplore and discover yourself. In fact, there is no timeline for specialization and there should be no hurry as this is an issue of discovery. Years of experience will assist you in narrowing down and knowing what you really want to do. Further, the Nigerian market is not tailored enough yet for a lawyer to settle for training in only one area of law. The nature of our market requires that you become a master of many; to be a good lawyer, you need to have sufficient knowledge in other areas.
Therefore, with practice and experience, you will discover your area of passion and marry your passion with the economic value attainable from specifics areas of specialization.
Diverse Law Interview Team
I am Ugochukwu Obi, a Partner at Perchstone and Graeys, a leading law firm in Nigeria. I am a Graduate of the University of Nigeria, Nsukka and was called to the Nigerian Bar in 2004. Before joining Perchstone and Graeys in April 2015, I had worked in the banking industry for about nine years. I obtained my Masters in Oil and Gas law at the University of Aberdeen, Scotland. After concluding my masters mid-2009, I returned to work in the banking sector in Nigeria. I am married with three children.
2. How did working as an in- house counsel develop your legal career?
The experience garnered from working as an In-house counsel in the banking sector was the strength of my recruitment by Perchstone & Graeys in 2015. Upon recruitment, the firm had a big project they were working on for two commercial banks in Nigeria on loan documentation. I utilized my banking experience in advising our clients on these projects.
Moving forward, banking and technology work together in terms of technological change in the banking sector. An opportunity came up in my law firm at the time I joined. My law firm being very innovative and dynamic, the Managing-Partner of the firm asked that we should develop the technology practice of the firm. I owned up to that challenge and begun developing that area of practice in the firm. In furtherance of my passion to grow this area of practice, my firm sent me to India on a secondment programme at one of the top Indian law firms. I spent close to three months working at different offices of the Indian firm. The knowledge and experience I garnered at the firm helped me to develop and quickly grow the technology practice area of the firm. I can boldly say that we are one of the leading law firms in Nigeria as regards technology law practice. Since 2015, we have handled several major technology transactions that cut across banking, agriculture, e-commerce, and other sectors that require technology.
3. How did you successfully transit into Banking Practice considering your academic degree in oil and gas?
Before going for my masters, I had already started working in the banking sector but what propelled my passion and interest in the oil and gas sector were two things. Firstly, during my undergraduate’ days, I studied oil and gas law as an elective course, although it was called energy law in my faculty. I developed the interest at this stage. The second thing was when I graduated from the University, the Nigerian oil and gas sector was thriving. I intended to build a career in that sector, but it did not work out the way I had intended. I ended working in the banking sector. However, I am proud of the knowledge I have in the oil and gas sector which has assisted me in advising oil and gas clients in credit financing.
4. There are students and young lawyers who intend to travel out of the country to further their studies. Do you advice lawyers to gain little experience before fathering their studies?
I will advise young lawyers not to be in a hurry, strive to gain experience from working in-house or in a law firm. The experience (despite how little it may seem) will assist you in your further studies whether locally or abroad. My experience handling lending transactions to oil and gas servicing companies at the Bank afforded me a practical insight into the operations of oil and gas industry and helped me effectively handle oil and gas transactions as a lawyer.
5. You have worked with banks and you are currently a partner with one of the top law firms in Nigeria. What are some of the conditions to be considered by young wigs in choosing a place of work?
I will advise that Lawyers decide between working as an In-house lawyer or in a law firm. For an in-house legal counsel, certain factors should be considered. First, the skills needed in that sector. For example; in the area of banking, if you are an in-house lawyer in the bank, you need to have a general knowledge of the operations of the bank and that general knowledge does not end in the legal aspect of it so, you may be able to advise the bank management properly when issues come up. Second, your passion and interest need to be considered. For instance, working as an in-house counsel may sometimes become monotonous for you as you will find yourself doing the same thing repeatedly. You need to consider whether being an in-house counsel is something you will find satisfaction in doing.
In working with a law firm, there are two things you need to consider. You need to consider a firm that is into both litigation and commercial law practice. I will use my firm as an example. At P and G, we expose new entry Associates to the litigation and corporate aspects of the law. So, in your first two or three years, you will be allowed to go to court and also involved in the soliciting aspect of the law. Concerning the soliciting aspect of the practice, you will be placed on a rotational basis. So if I am a young lawyer who wants to start his/her career in a law firm, I will look for a firm like Perchstone and Graeys because it will give you an opportunity and platform to choose whether to specialize as a litigator or a commercial lawyer.
6. A young lawyer should indeed have an experience of both litigation and corporate-commercial. But then we know that the law school turns out over 5000 students yearly and usually, it is very difficult for young lawyers to get into a primary place of assignment and at the end of the day, they just settle down for what they get. How can one balance this interest with top law firms like yours that place more premium on a degree grade than getting a job in a firm in the first two to three years of my career?
The legal labour market today is very competitive. I advise law undergraduates and graduates is to study hard and strive to graduate with at least a second-class upper division from the University. Although I am not an advocate of grades considering the nature of the legal profession; I know of graduates with 2:2 who have excelled than those who graduated with 2:1. However, due to the competition in the labour market, more emphasis has been placed on having good grades from school. At least you should strive for a second-class upper division. If you are not privileged to get into the top law firms, you can start with any traditional law firm and acquire the litigation experience which will help break into the top law firms. It happens frequently in Perchstone and Graeys. We recruit some counsel as litigators because of their experience and, they have distinguished themselves in that aspect. Immediately they are employed, we acquaint them with the soliciting aspects of the practice and the result over the years is that they perform better because they apply legal principles from cases into the commercial aspect of the law. For example; as a commercial lawyer you may be advising a client on an employment issue. Before now, in terms of employment issues, the position was that an employer has the right to hire and fire without any reason, but now the position of the National Industrial Court is that as an employer you can terminate an employment contract but you have to give a valid reason. So, if I am a litigator and I also intend to delve into commercial practice, that experience will enable me advice my client in a more professional manner.
7. Kindly share part of your experience in the university and the decisions that you made as an undergraduate that affected your success in the Legal Industry.
I had interesting days as an Undergraduate. I say so because I was an intelligent student. The most interesting moment for me was my second year, I think the first semester. I was adjudged the best student in contract law and gained public recognition among my colleagues. This motivated me to maintain the standard throughout my remaining years at the university.
Also, I participated in social activities at the University and did not hoard knowledge. I taught my colleagues on several occasions.
In terms of what assisted me in my legal career of today, I will say that the best decision I made was after my call to the bar. I told myself that I must have a blend of in-house and legal practice. I worked as an In-house counsel and with God’s favour and grace, I secured a job (immediately after the completion of the N.Y.S.C programme) with a commercial bank. So having worked for 9 years in the banking industry, I realized that I have had enough knowledge and experience and I needed to do something more challenging. So, I ventured into law practice. My decision paid off and I am immensely proud to say that I work at one of the best commercial law firms in Lagos.
Diverse Law Team
Diverse Law has launched the maiden edition of the Professor Gbolahan Elias Essay Competition.
The competition is open to undergraduates of all faculties of law accross Nigeria, and the topic is as follows:
TAXATION OF DIGITAL ACTIVITIES: AN EVALUATION OF THE NIGERIAN APPROACH IN A GLOBAL CONTEXT.
Further details are contained in the image above.
My name is Afolabi Caxton-Martins. I am a founding partner of the firm of Adepetun, Caxton-Martins, Agbor & Segun, also known as ACAS-Law. I was called to the Nigerian Bar in 1984 and ACAS-Law was founded in 1991. I come from a family of lawyers that influenced me. My late father was a former Chief Magistrate of Lagos State and his brother was late Justice Caxton-Martins of the High Court of Lagos State. Also, two of my sisters are lawyers.
I style myself as a corporate lawyer with a disputes background. Today most of my work involves advising clients on cross-border joint ventures, mergers and acquisitions, infrastructure projects particularly in the ports and terminals and telecoms space. In terms of my foreign investment work, I also advise on the related anti-corruption compliance. I mentioned earlier that I have a disputes background. I am a fellow of the Chartered Institute of Arbitrators and keep myself busy acting as counsel on interesting arbitral disputes.
In 1991, after almost seven years of pupilage, I felt it was time to move on and made a conscious decision to establish a partnership. I had a very clear vision of the type of practice I wanted and with good fortune, I was introduced to Sola Adepetun. We formed ACAS-law after discussing a possible collaboration for less than one hour. At the time Sola practiced as Sola Adepetun & Co. and his focus was banking and finance. We wanted a firm that could offer a diverse range of legal services with international standards, a modern full service corporate and commercial practice with capacity for large high value transactions, clearly distinguishable from a sole practice.
I enjoy challenging work. The more complex the transaction the greater the excitement. I find infrastructure projects particularly rewarding because of the nature of the work and the challenges it throws up in our peculiar environment and because of the public benefit a successful project has the potential to bring. With respect to my arbitration practice, I started out as a barrister and have always enjoyed advocacy. I halted my court work when we set up the firm and had monthly salaries to pay. The long delays in court ate significantly into my business development time so I stopped taking court cases and looked more to arbitration.
I think being a pro-arbitration country has contributed significantly to foreign direct investment in Nigeria. Sophisticated international businessmen need to be convinced that there is a legal framework for the industry to which their investment relates and that they will have access to justice in a reasonably timely manner with a level playing field. Unfortunately, it is well known that our courts are congested and that it takes years to resolve a dispute. Also, Nigeria’s notoriety for corruption has made resolving disputes in a Nigerian court unattractive. International dispute resolution with a foreign seat is the standard. I should mention that the investment protection laws in place are also an incentive.
On the flip side, one of the drawbacks has been the enforcement of arbitral awards. I hope that the good work that has been done to get Nigeria to be more pro-arbitration and to build up its arbitral institutions will not be eroded by the incessant challenges to international and domestic arbitral awards by the loser. The New York Convention to which Nigeria is a party sets limited grounds for setting aside an award, but it seems that it is almost automatic that an application to recognise and enforce an award will be challenged including by a government counterparty. Still, Nigeria is a hugely attractive market that cannot be ignored and investors seeking to do business here will seek to mitigate their risks as best as they can and dispute resolution through arbitration has helped to convince them to proceed.
‘Laughs’ well don’t believe everything you read online about me. – just the good things. No seriously, I certainly do not hold myself out as a shipping lawyer. We have a very active shipping group led by Mrs. Funke Agbor (SAN). So, any questions relating to Admiralty law and shipping in general should be directed to her. Although I do have basic knowledge of Admiralty law, enough to cross sell our services in that area. However, if instructed, it would not be me advising on cargo claims or the arrest or release of a vessel or on the drafting a ship mortgage. We have experts with deep sectoral knowledge for that.
Well, to be honest, I’m not sure that we fared very well. I think a large majority of people do not fully appreciate the value of their Intellectual property and the need to protect it. Perhaps what is needed is more effort to instill the importance of its benefits in our national consciousness through a national policy. There are various bill at different stages in parliament designed to provide us with a holistic and comprehensive set of IP laws which are modern and up to date. I think it is much more urgent now for us to progress the growth of IP as there is a new generation of entrepreneurs across the sectors who will be drivers and will help greatly to rebuild the economy. These young creatives must be protected.
It is evident that the courts are congested and not as efficient as they could be. Therefore, the need to continue to encourage alternative forms of dispute resolution seems the obvious and sensible thing to do. I think arbitration in the broad sense is very much a growth area including for low-value disputes. I would recommend any young lawyer that has an interest in disputes to take the courses and develop knowledge and skill in the practice.
The Covid-19 pandemic resulting in the shutdown of our administration of justice system has exposed its shortcomings but at the same time has prompted a serious debate on the importance of a policy and regulations that govern virtual court hearings. Leading lawyers and judges are now promoting remote court hearings and discussing the initiatives taken by countries such as the United Kingdom, India, Kenya, and Uganda to reopen under the Covid-19 lockdown conditions. And against the backdrop of this positive discourse, the Supreme Court has ruled that two virtual court proceedings held during the lockdown were not unconstitutional. I believe that the impact and certainly one of the legacies of Covid-19 will be that in the “new normal” online dispute resolution for a variety of disputes increase and will be considered a cheaper, faster, more informal, and decisive way to resolve disputes.
Can we meet you Sir?
My name is Nosa Aguebor. I was called to the Nigerian Bar in May, 2008 after passing the Bar examinations with a Second Class Honours (Upper Division). I hold an LL.M (with Distinction) in International Trade Law from Stellenbosch University, South Africa. Prior to taking up studies for the LL.M, I worked with the law firm of Ferd Orbih & Co, Nigeria as an associate counsel, the Ogun State Government of Nigeria as a legislative and as a Legal Assistant with African Export-Import Bank (“Afreximbank”). After the LL.M programme, I again took up a 6-month graduate-internship position with Afreximbank, during which I participated in the negotiations, documentation and provision of advisory services in relation to diverse trade and project finance transactions. The time I spent at Afreximbank, amongst other factors, played a critical role in forming my decision around what I currently do.
Until recently, I was a senior associate and Head of the Banking and Finance Practice Group at G. Elias & Co, Lagos, a top-tier Nigerian full-service business law firm. It was at G. Elias & Co., I mostly cut my legal teeth as I advised on and led my firm’s teams on several local and cross-border corporate and finance deals for financial institutions and other corporates across various sectors. In my last 3 years at G. Elias & Co., I was seconded to Africa Finance Corporation (“AFC”), a multilateral development financial institution with a focus on financing private and public sector infrastructure projects across Africa, as a Legal Consultant. I joined AFC on a full-time basis in October 2019. I continue to be involved in AFC’s mandate to develop Africa’s infrastructure by providing legal advice, among others, on some of AFC’s large and significant debt and equity financing to projects and infrastructure transactions across Africa. In the course of my career, I have spent time straddling various practice areas ranging from between Finance, Litigation, Capital Markets, Mergers and Acquisitions.
As an experienced Legal Practitioner, what values do you suggest undergraduates and young Lawyers to acquire?
A young lawyer who plans to succeed as a legal practitioner must critically be hard-working as the legal profession is not one where you can afford to sit back and expect a lot to come to you. As a matter of rule with many serious law firms, the reward for good and hard work is always more work and the more work you do, the more exposure you get to various aspects of your employer’s work, business or practice areas. Hence, you must first be hardworking and in addition, possess a high level of integrity which people can vouch for at any time. It is of utmost importance that your integrity and character remains intact amongst your friends, family members’ colleagues and everyone around, as this would usually form the basis upon which you will be tasked with significant and notable assignments as you progress.
You also need a strong sense of awareness. Even if you cannot , at the very beginning, fully ascertain what you want to do long term yet, you should as much as is possible broadly be able to say how you want your career to pan out with time so that you are not moved by every wind that passes with time. Dream big and ensure you are willing to follow these dreams as much as time and chance permit. Importantly, seek mentors online and offline and seek advice as you go ahead. Learn to network and seek to grow your network in terms of quality across various sectors – as you grow professionally, you will begin to realize that hard work is not always enough – you also need the right circle. Make good use of the internet – the internet never forgets – accordingly make positive use of the internet. Also note that in your career, there will be two major phases – the learning and the earning phases – in the learning phases, you are most likely to feel like you are working far harder than you earn but as time progresses and you become more proficient at what you do and grow professionally, you tend to feel like you earn either at the same level as you work or more than you work
What influenced the choice in your current areas of specialization?
As mentioned earlier very early in my career, I straddled broadly between Litigation and Corporate/commercial practice. Prior to these however, I had spent some time at Afrexim bank where I had my first real exposure to cross-border banking and finance work. I spent my first year post-NYSC basically litigating but I did not enjoy it despite being an excellent litigator, if I may say so myself. I found the court processes rather slow and I could barely achieve much over time. This made me gravitate much later in my career to corporate/commercial work mostly banking and finance and capital markets work. I was also lucky to have been at G. Elias and Co., a full-service business law firm – this helped me have a full view of various practice areas. After straddling these areas over time, I found myself showing plenty of interest in and enjoying Finance and Projects work generally.
In truth, I also found out that these areas, apart from having huge and tangible development impact on countries; economies and people could also be deeply personally gratifying for practitioners in those areas. As much as is possible, your passion should also translate into personal satisfaction. More critically however, God’s leading also helped me make the right decisions at various points.
What are some major challenges you have faced during your years of practice and how were you able to overcome them?
Very early in my career, I encountered the twin issues many young lawyers face till today – low remuneration and lack of clarity around career progression. Sadly, apart from the top-tier law firms, most other firms do not have clear a cut career progression. I was able to surmount this by not staying so long enduring that situation and deciding to seek better opportunities, further education and focus on opportunities that suited my long-term career plans. I always say that “no man is a tree and where things are not working for you at a place, you should begin to seek opportunities elsewhere”.
Knowing or having a fair idea of what you want to achieve helps you identify the good and bad while also helping you make decisions at different points of your career.
Having the right mentors and supervisors from very early in your career would help in guiding you aright. In my career, I have been blessed with fantastic mentors and bosses, such as Dr. Elombi who is an Executive Vice President at Afrexim bank, Professor Elias, the senior partner at G. Elias and Co. and more recently, Ms. Eshun, the General Counsel at AFC. Their steer at various stages in my career have made me a better lawyer and professional.
As an undergraduate did you engage in extra- curricular activities? If yes, how were you able to handle them alongside your academics?
I engaged heavily in extracurricular activities. I played politics actively throughout my stay in university, which was something my father (of blessed memory) has reservations about. He realized over time, that I loved politics as I am generally passionate about making a change for the public good. I suspect that much later in the future I would be inclined to take up roles in government that will enable me provide qualitative service to the nation. Generally I played politics a lot in University and in my free time these days, I also spend time discussing politics.
We realized you worked with G. Elias & Co for a number of years before being an In House Counsel, would you advice young lawyers to start in a Law Firm before going for In House jobs or vice versa?
I will advise that you are able to determine early enough what you want to do long term and pursue that actively. We find that some lawyers or law graduates decide not to practice Law and determine to do other things such as investment banking or business and many of them have excelled at it. If this is your choice, then feel free to do pursue those career paths.
However, if you have not been able to decide on your career path post Law school or post University (which is the case with most young lawyers), my advice is that you join a decent law firm with varying practice areas as soon as possible. By doing this you get involved in several areas of the law and with time, you would be able to discover your area of interest, many times within 3-5 years.
The truth is, it is easier to leave a law firm and go in-house, work with the government, work as a lecturer, as a Judge or Magistrate than leaving these paths to join a law firm, as law firms tend to be expose you more broadly initially. To get into and remain in a decent firm, you should strive to make good grades and be diligent, because the level of competition is stiff. You also need to seek mentors who you can speak to about your career plans; there is no trite rule that bounds you to follow the advice of your mentors hook, line and sinker, the ball is in your court to make the final decision.
What skills set do you suggest undergraduates and young graduates to leverage on in a times like this?
Integrity, Hard work and your Networking skills are needed. For undergraduates, you need to work hard to make good grades at the University and Law school. For young lawyers, you need to have the ability to multitask and balance work with your family and other aspects of your life. This is very important for your growth career wise.
Also, be courageous and take calculated risk. Be willing to persevere despite the challenges along the line. You must realize that the work you do is not just for your employer but more for your personal professional development for the future. Lastly, be sure of what you want and pursue it aggressively.
Most law graduates desire employment in top tier law firms but we know that these firms cannot accommodate them all; what is your advice to those who are unable to get jobs in these firms?
Around 5000 called to the Bar every year and there are limited spaces in the top and mid-tier law firms. First of all, work hard to get good grades as this would improve your chances of being considered for roles in these firms. If this does not happen, do not despair – it is not the end of the world. Remain focused on your convictions as to what you want for yourself, seek opportunities elsewhere and remain guided by the virtues of hard work and integrity and before long, the right opportunities will find you.
Do Internships help undergraduate students and young Lawyers know the area of law thy want to specialize in?
Yes, please do intern with firms and corporates covering with various practice areas. It exposes you to several areas of practice and helps your decision making on your preferred career path much later. Internships are also a good way to help you with finding employment when the need arises.
What is your advice to undergraduates and young graduates in the legal profession today?
Seek opportunities, look out for them, work hard, trust your GOD and keep your integrity intact.
You also have to be innovative, learn to network and communicate with people around you.