Day 2 of the NBA AGC at the M.K.O Abiola Stadium was a thrilling blend of eye-opening breakout sessions and engaging plenary discussion. It was a day filled with insights that promises to empower legal practitioners to get it right in their respective practice areas.
In case you couldn’t catch all the action! We’ve distilled the most compelling moments for day 2 for you right here:
PLENARY SESSION
GETTING THE ECONOMY RIGHT; DECODING NIGERIA STRATEGY FOR GROWTH, DIVERSIFICATION, INCLUSIVITY AND SUSTAINABILITY
The event began promptly at 10:10 am with the moderator introducing the panelists.
The speakers; Mr. Adetilewa Adebayo, CEO, CFG Advisory; Mr. Allen Onyema. CEO Airpeace Nig. Ltd.; Mrs. Jane Kimemia-Nechi, CEO, Optiva Capital; Mrs. Hannatu Adegbite, Executive Director, WIMBIZ and Chief Femi Falana, SAN. (Co-opted) spoke extensively on the topic before them in this session moderated by Dr.Reuben Abati, Co-Anchor of the Morning show, Arise Media Group.
During his speech, Mr. Adetilewa Adebayo expressed concern about the Nigerian economy, emphasizing that it not only fails to grow but is also losing value. He highlighted that this economic deficit is exacerbated by the country’s growing population, making it a liability rather than an asset. He also pointed out the over-reliance on agriculture and the significant devaluation of the Nigerian currency, describing the economy as a “disaster of serious proportions.”
He pointed out that despite being the largest economy in Africa, Nigeria has experienced a loss of two billion dollars in productivity over the last eight years. This loss has had negative impacts on the country’s deficits and development progress. He also mentioned a significant economist from the 1980s, Tobman Golden, who raised two million pounds to fund Nigerian government expenditures through Lord Lugard, who managed the protectorates. This historical context underscored the British government’s role in funding Nigeria’s early economy.
Despite Nigeria’s abundant natural resources, human talent, and workforce, the country still faces economic challenges. Edun emphasized the disconnect between Nigeria’s potential resources, including 25% in oil, 10% in agriculture, and a significant 90% in foreign investment.
He raised thought-provoking questions about Nigeria’s current economic status, considering its claim as Africa’s largest economy, the government’s debt practices and its failure to adhere to Section 38 of the CBN Act. The country faces economic issues, such as the Naira devaluation and high exchange rates, even as other West African nations struggled with an 80% devaluation.
According to him, the nation’s debt problem can be traced back to the time when former President Olusegun Obasanjo was in office. He pointed out that President Buhari’s administration violated fiscal responsibilities by raising the national debt from $60 billion to $150 billion over a period of eight years, mainly to cover regular expenses.
In his conclusion, Mr.Adebayo pointed to bad leadership as the root cause of Nigeria’s economic challenges. He urged the new administration to support private sector investments and advised against using taxation to discourage private investors.
Mrs. Kimemia-Nechi stressed the importance of empowering women as they often bear the responsibility of supporting multiple family members. She called for comprehensive reforms to establish economic stability and advocated for investments in key areas such as agriculture, trade, healthcare, and housing. Additionally, Mrs. Kimemia-Nechi emphasized the need to scale up support for small and medium-sized enterprises (SMEs).
Mrs. Adegbite highlighted Nigeria’s high misery index and pervasive distrust, even within the judiciary. She emphasized the inequality faced by women in Nigerian politics and suggested that increased female representation at decision-making tables could help address this issue. Adegbite also proposed the reform of legal frameworks related to taxation.
Mr. Allen pointed out that Nigeria possesses significant potential that remains untapped due to various factors. These include ethnic and religious polarization, insecurity, difficulties in doing business, and rampant public corruption. To address these challenges, he called for political will, a forthright judiciary that challenges vested interests, public servants acting as statesmen, and a commitment to good democratic governance.
Mr. Falana urged NBA branches in Port Harcourt and Jos to monitor the progress of refinery construction. He also called on the NBA as a whole to advocate for transparency by pushing for the publication of monthly allocations to state governors.
BREAKOUT SESSION 1
LEGAL AND SOCIAL CHALLENGES OF MINING IN NIGERA: THE WAY FORWARD
The session, which began at precisely 12:25 pm, featured a panel discussion with several distinguished speakers.
The first speaker, Mrs. Hajiya Fatima, delved into the Oil and Mining sector, distinguishing between the upstream and downstream sectors. The upstream sector involves oil production, drilling, and mining, while the downstream sector primarily focuses on the distribution and consumption of produced oil.
Mrs. Fatima provided insights into the historical context of mining in Nigeria, particularly during the 1990s under British governance, which led to the production of coal and tin, crucial components of the nation’s mineral resources. She emphasized the importance of the Mining Act of 2007, which governs the ownership and control of minerals, and highlighted its interaction with the Land Use Act, specifically Section 28 of the Land Use Act and Section 48 of the Mining Act.
Additionally, she stressed the necessity of the Tax Reformed Act to regulate the mining sector, emphasized the importance of registration for legitimacy in the sector, and advocated for partnerships with foreign investors in mining projects. Mrs. Fatima also pointed out challenges facing the mining sector, including illegal mining, money laundering, banditry, terrorism, oil vandalism, and an insufficient number of mining officers nationwide. She concluded her session by urging the Nigerian Government to enact more laws to facilitate the growth of the mining sector and shared a quote from Bernard Shaw, encouraging everyone to be an agent of change.
The second speaker, the Minister of solid minerals, Mr. Henry Dele Alake, discussed the mining sector’s contribution to the Gross Domestic Product (G.D.P). He acknowledged that the sector’s performance had been less than satisfactory and emphasized his administration’s commitment to revitalizing its contribution to the G.D.P. He identified the Mining Act of 2007 as a catalyst for this revival and stressed the importance of data collection in the sector to generate useful information. The Minister appealed for public support in reducing illegal mining activities to bolster the nation’s G.D.P.
BREAKOUT SESSION III
ARTIFICIAL INTELLIGENCE AND THE LEGAL PROFESSION IN NIGERIA
Mr. Ope Olugasa, MD/CEO of LawPavilion Business Solutions, delivered a captivating keynote address that set the tone for the session. Exploring the overarching theme of AI’s influence on the legal landscape in Nigeria, the keynote address sheds light on its transformative potential, challenges, and opportunities.
Mr. Olugasa underscored that a nation’s survival hinges on an efficient justice system, as no nation can thrive without justice. He emphasized how AI can help surmount the challenges facing the justice system. He unveiled their latest AI solutions to enhance legal research and advocacy – PrimeGPT and PrimsolGPT. The AI solutions suggest subject matter, jurisdiction, mode of commencement, issues for determination, and likely argument for each identified issue, backed by relevant authorities to lawyers based on the case summary uploaded on the software.
Additionally, Mr. Olugasa mentioned a Judicial Decision Support System powered by AI, designed to accelerate justice administration. This tool, according to him can generate draft legal opinions based on Counsel’s final written addresses for judges to consider when writing judgments.
The panelists discussed topics ranging from the regulatory aspects of AI in Nigeria, the current legal framework, the need for specific regulations to govern AI applications, as well as the potential challenges in striking a balance between innovation and control.
Illustrating how lawyers can harness AI to enhance efficiency, the panelists shared their success stories of how they have used technology to enhance efficiency in their respective capacities.
The session ended on the note that AI is an enabler in the legal industry.
AFTERNOON PLENARY SESSION
ETHICS AND PROFESSIONAL CONDUCT FOR LAWYERS: A CLOSER LOOK AT THE RULES OF PROFESSIONAL CONDUCT & NBA RULES AND GUIDELINES ON ANTI-MONEY LAUNDERING AND COUNTER TERRORISM FINANCING
In this insightful session moderated by Mallam Yusuf Olaolu Ali SAN (Partner, Yusuf Ali & Co.), the panelists delved into the recently introduced NBA Rules and guidelines on Anti-Money Laundering and Terrorism Financing, emphasizing the critical role of the legal profession in this fight.
Prof. Ernest Ojikwu SAN elucidated the foundations of the Money Laundering Act (MLA) and the importance of reporting suspicious transactions. Notably, he highlighted the MLA’s provision for the Attorney General to enact relevant legislation. Furthermore, he underscored the monthly reporting requirement to SCUML for non-financial entities, including lawyers. He also raised questions about the Rules of Professional Conduct (RPC) and urged a reevaluation of the Legal Practitioners Act (LPA).
Prof. Roland Itoyah Otaru SAN (Partner at Otaru & Co.) referred to the theories of Rosco Pound and Bryan Tracy and advocated the use of Goals, Objectives, Strategies, Priorities, and Actions (GOSPA) to maintain RPC equilibrium. He stressed the significance of integrity, hard work, and wisdom in lawyers’ personal and professional development.
Ms. Pearl Moses (Director of Compliance at Setfords Solicitors UK) emphasized lawyers’ pivotal role in the legal battle against money laundering and called for a fresh perspective on the RPC.
Prof. Bolaji Owasanoye OFR, SAN (Chairman of ICPC) highlighted the risk factors lawyers must manage and discussed the power of R. 60 RPC to freeze assets. He emphasized the importance of public interest in combating money laundering.Prof. Owasanoye also discussed the NBA’s disciplinary process, emphasizing its alignment with the enforcement agency to pursue money laundering culprits.
Mr. Babajide Lawal (Partner at Babalakin & Co.) urged a focus on client income source scrutiny as a vital way of combating money laundering. He cautioned the NBA about potential issues arising from connecting a client’s age to their income source and proposed the implementation of disciplinary action timelines.Mr. Lawal concluded by acknowledging the well-conceived nature of the guidelines but expressed concerns about their practical implementation.
Key Takeaways:
- Prioritize self-regulation among lawyers over third-party intervention.
- Universal adherence to RPC is crucial.
- Lead by example to set ethical standards.
- RPC review is imperative.
- Education on Money Laundering Act intricacies is vital.
- Equip the NBA Committee for effective engagement and training.
The sessions continue tomorrow with a Plenary session on Access to Justice: Reality or Unfulfilled Expectations, breakout session on Paradigm Shifts in Civil Justice: The Federal Draft Bill and State Laws on the administration of civil justice; Challenges and opportunities of Pro Bono work in Nigeria; Eight years of administration of Criminal justice Act 2015: What has changed?; Strengthening the place of women in the legal profession; The arbitration and mediation Act 2023 and other current developments in ADR; Overview of NBA’s memo to RMAFC on judicial renumeration; The young lawyer’s road map: Navigating new beginnings, Transitions and Growth.