The journey to the apex of the legal profession can be quite tortuous, and for female Lawyers, it is doubly challenging. Professor Kathleen Ebelechukwu Okafor, SAN is a quintessential Academic with a very rich background in corporate practice, having transversed litigation, arbitration, oil & gas, and finally settling in the ivory tower as the pioneer Dean of the Law Faculty of Baze University, Abuja, where many budding Lawyers went through her tutelage. In a chat with Onikepo Braithwaite and Jude Igbanoi, she shared her thoughts on a number of issues, including how female Lawyers can rise on the ladder in the profession
Prof, please, tell us about your journey up to this point. Looking back at your over four decades at the Bar, what would you say have been your major high points? What makes you fulfilled as a Lawyer?
After my call to Bar, I pursued a Master’s Degree in Law from the University College, London. Later, I worked with Dr Lateef Adegbite Chambers where I handled litigation, oil and gas matters, and conveyancing. We wound up Bonny LNG and initiated the Nigeria LNG with other Consultants like Skoup Ltd (owned by the late Dr Pius Okigbo), Chase Manhattan Bank, other US and UK economic consultants.
Thereafter, in 1984, I joined the Nigeria Security Printing and Minting Plc as a Manager, and rose to the position of Company Secretary and Legal Adviser within 10 years. I actually spent over two decades in the management of the Nigerian Security Printing and Minting, moving from Company Secretary and Legal Adviser to Business Development, Personnel, and Marketing.
Apart from handling many sensitive matters and documents, my job involved interfacing with the Central Bank of Nigeria (at the topmost levels), our shareholders, the Federal Ministry of Finance, Independent National Electoral Commission for electoral materials, and Immigration services for passports etc.
My highest point of fulfilment is usually when I see my Baze Law graduands at the High Court, NBA meetings and International Conferences. I started Baze University Law Faculty, with only six female students. Now, we have over 500 students.
You are now one of the less than 30 female Senior Advocates of Nigeria, out of a total of over 500. Why is there such a gender disparity, especially as there are usually as many women as men called to the Bar annually? In 2021 & 2022, only 2 women out of 72 and 62 respectively were elevated. What could be the reason for this? Is it that the women are not applying, or that women are being discriminated against?
Obviously, more women are needed in the rank of SAN to balance gender inequality. Two women out of 62, is paltry. However, more women need to be better prepared for intellectual engagement, and the financial discipline that comes with success. For Academics, more women need to be consistent in research and publication. Women need domestic help, as the demands of the profession, whether for advocacy or academics, are high. Women need to make the sacrifice of burning the midnight candle. When we have supportive husbands, the road can be less arduous.
One of Nigeria’s most respected legal practitioners, Chief Afe Babalola, SAN, recently called for an overhaul of legal education, advocating the idea that Law graduates should be trained at reputable Faculties of Law, and only final Call to Bar examinations taken at the Central Nigerian Law School. Do you agree?
Yes, I agree with the opinion that final Bar exams should be taken at the Nigerian Law School. This will ensure harmonisation, and control of standards of Lawyers who control critical matters like the lives, freedom and death of people.
With regard to training law students at the Law Faculties, there are NUC, BMAS (Basic Minimum Academic Standards) guidelines for accreditation of Law Faculties, that is, their staffing, lecturers, facilities, standard of library, teaching convenience and other infrastructure. Prospective law students are guided on choice of Law Faculties, based on the staffing etc.
With the proliferation of law faculties across the country, and over 6,000 new wigs called to the Nigerian Bar annually, would you say Nigeria is over-producing Lawyers? How do we ensure that standards and quality are maintained? Some Senior Lawyers believe that the standard of legal education in Nigeria has fallen, and some of the curriculum is even outdated. What is your opinion?
Out of the over 6,000 new wigs annually, many Lawyers (maybe 15%) are not practising the profession, whilst we also lose some to the cold hands of death. This means that we have 1 Lawyer to 35,000 people. The population of the country is also growing at about 4% per annum, and the growth of commercial transactions is phenomenal.
To teach law as a senior lecturer in a Nigerian University, Lecturers are required to have a PhD from a reputable University. The Nigerian University Commission embarks on resource verification every year, to ensure high standards.
Recently, I was privileged to tour some Nigerian Universities. Most have upgraded their libraries, updated their curriculum to include contemporary subjects on Intellectual Property, Forensic, Medicine, Shipping Law, Gender and the Law, Space Law. etc.
Looking at the general business environment in Nigeria and the fairly new Companies and Allied Matters Act, as a Company Law Teacher, how would you rate our ease of doing business?
Considerable progress has been made on easing bottlenecks. Foreign companies no longer need the approval of the Federal Executive Council or the Secretary of Government of the Federation, to begin operations in Nigeria. The Ministry of Trade and Investment approves such ventures, with minimum bureaucracy.
The new CAMA has effectively solved the issue of a single member (shareholder) Company, Section 18(2) now makes it possible to create a private company with only one (1) member or shareholder. This favours SMEs, and household cottage industries. With the emergence of technology, our day to day business authentication of documents by virtue of Section 101 of CAMA 2020 can be achieved easily. An electronic signature is deemed to satisfy the requirement for signing. This is in tandem with today’s technological advancement. In addition to this, a document or proceeding requiring authentication by a company may be signed by a Director, Secretary, or other authorised officer of the Company, and need not be signed as a deed unless otherwise specifically required by the Act. In addition, the introduction of electronic filing, electronic share transfer and virtual meetings for private companies are right moves. Section 860 (1) of CAMA 2020 makes provision for electronic filing of documents for registration at the CAC (Corporate Affairs Commission) and Section 175 also introduces electronic share transfer, while Section 240 provides for virtual meetings for private companies only. Furthermore, Section 861 of CAMA 2020 provides that certified true copies of electronically filed documents are admissible in evidence, with equal validity as the original documents.
Obviously, some progress is ongoing, although more aspects of securities, mainly the Investment Security Act of 2007 are needed.
Are there really any advantages for Nigeria, in converting NNPC to a limited liability company?
The Nigerian National Petroleum Company Limited (NNPC) became a Limited Liability Company on July 1, 2022, meaning that operations of the Company will be fully run in compliance with the provisions on the Companies and Allied Matters Act (CAMA) of 2020 and Financial Reporting Council of Nigeria Regulations. This is also in accordance with the provisions of the Petroleum Industry Act (PIA).
As a limited liability company, the NNPC would be required to pay taxes and dividends to its shareholders, including the Government, and the new status of the national oil company allows it to be listed on a stock exchange. Also, its operations would not be subsidised by Government. Periodical Board meetings will be mandatory, filing of annual returns, the Board would operate as a competitive entity.
Should Law teachers be engaged in active litigation? Some are not favourably disposed to it.
Yes, Law Lecturers should be actively involved in litigation, to expose them to the practical aspects of law. Specifically, Law School Lecturers who are saddled with the responsibility of training Lawyers in civil and criminal processes need court exposure; ditto for those teaching Arbitration. The Lecturers will enlighten Judges, by their erudite briefs of arguments.
Many have, over the past few years, been clamouring that Nigeria be considered as a seat for major arbitrations. How can this be achieved? What major hurdles are there in actualising this aspiration, and how can they be overcome?
The choice of seat of arbitration depends mainly on a country’s history of rule of law infrastructure development, integrity, uninterrupted electricity and water, bilingual services, trustworthy and impartiality of Arbitrators, standard library, zero tolerance for corruption. Parties choose their seat of arbitration, usually before the dispute arises.
Are you in support of jettisoning the 1999 Constitution for a new and improved one, or do you believe that what we have is adequate? Kindly, give reasons for your answer.
No constitution is exhaustive or perfect. Even the tenets of the Code of Hammurabi and the Magna Carta, are being untenable as societal values change. One of the objectionable provisions of the 1999 Constitution is the number of local governments allocated, as the basis of our Federalism. The cost of revision of the Constitution is humongous, but general amendment will ensure an autochthonous document, true Federalism and better equity.
How would you rate this administration vis-à-vis its three main campaign promises – improving security, revamping the economy and fighting corruption? It’s less than three months to the 2023 general elections. What do you expect from the incoming administration in terms of improving the lot of Nigerians, seeing as majority of us are not in the best of conditions?
My ratings of the three indices of government, are unsatisfactory and poor. Government can do much better.
Thank you Learned Silk.
