The summit which has been applauded as one of the greatest accomplishments of the Alegeh led administration of the Nigerian Bar Association had the theme ‘Reducing Poverty and Promoting Sustainable Economic Growth in Africa through Reforms in Administration of Justice.’ Over 30 countries and organisations from all over Africa, were in attendance. The summit is the first of its kind in the history of the legal profession in Africa. The NBA took the unprecedented step of bringing all Bar leaders in Africa together to brainstorm on issues of common interest, forge a common front to tackle poverty and building a strong platform with one voice to engage international bodies on behalf of all African lawyers. In attendance were the presidents of the Bar Associations and Law Societies of Zimbabwe, Tanganyika, Malawi, Cote D’voire, Sierra Leone, Gambia, Guinea, Tanzania, Liberia, Tunisia, Zanzibar, East African Bar Association, Gambia, Sao Tome, Burkina Faso, Uganda, Benin Republic, Kenya, Togo, Cameroun and Ghana. Also in attendance were the ECOWAS Court, Ohada, African Development Bar, West African Bar Association, African Bar Association, FIDA and other institutions. At the opening ceremony on Sunday, Chairman of the Summit Planning Committee, Mr. Olawale Fapohunda commended all the Bar leaders who saw the necessity of the summit and endeavoured to attend. He said ‘Terrorism is an emerging concern on the continent. Finding a balance between national security, access to justice and human rights is always a hot topic.’ He added that the conference is not all about sessions and consultations, but creating a sustainable platform for joint action and cooperation amongst Bar leaders and Bar associations is critical to strategising based on the gains of the conference. Addressing the conference delegates, the Executive Director of the NBA, Mrs. Ifueko Alufohai espoused on the vision of the NBA, its mission and its humble achievements so far under the leadership of its incumbent president, Mr. Augustine Alegeh SAN. She explained the core values of the NBA which are integrity, excellence, courage and professionalism. While welcoming the delegates to the summit, the NBA President, Mr. Augustine Alegeh SAN had this to say ‘The theme is clearly aimed at identifying key factors necessary and important to achieving reforms in the justice sector to boost foreign investment and economic development whilst reducing poverty in Africa. As lawyers and stakeholders in the justice sector, we are duty bound to educate and advise our respective governments on the critical role the justice sector plays in sustaining economic growth and development. There is no gainsaying the fact that foreign investors are more inclined to do business in economies with functioning legal systems and low crime rates. The theme of this Conference is most appropriate at this point of our development as a Continent. There is a need for African countries to embark on massive reforms in the Justice Sector. These reforms, if implemented, will foster increased economic growth and development in Africa. Conversely, the failure of governments in Africa to address this issue of judicial reforms at all levels erodes public confidence in the judicial system and encourages the resort to self-help and extra-judicial means of dispute resolution thereby occasioning a state of total chaos and economic regression. The task before Bar Associations and Law Societies in Africa therefore is to lead the discourse on judicial reforms and to highlight its critical role in fostering economic growth and development. ‘As Africans, there is a dire need for us to work harmoniously to develop our continent and foster economic ties across borders irrespective of cultural diversity and religious affiliation. This Conference will also address the issue of polarisation within the African legal community and the importance of cohesion and a harmonious relationship amongst individual Bar Associations in Africa in order to further develop and deepen the knowledge of law across Africa.’ The Chief Justice of Nigeria, Hon Justice Mahmoud Mohammed who was represented by Hon. Justice Kudirat Kekere-Ekun JSC encouraged African Bar leaders to forge and maintain closer professional ties in view of emerging trends and globalisation of legal services. Citing the example of Panama papers leak, the CJN stated that it is now more than ever before that lawyers need to be alive to their responsibilities. Keynote Lecture The summit’s keynote lecture was delivered by Mr. Phakiso Mochochoko, a prosecutor at the International Criminal Court (ICC) on behalf of the Chief Prosecutor, Mrs. Fatou Bensouda. He enlightened the delegates on how the ICC works, the process of filing cases before the court, how evidence is tendered and admitted, the rules of procedure and the governing law which is the Rome Statute. The ICC has since inception displayed an interest in Nigeria. The court monitored the Nigerian general elections in 2011 and 2015 with a view to documenting human rights violations and crimes against humanity. The ICC Chief Prosecutor had also in 2015 expressed serious concern over the rising spate of violent crimes and reports of human rights violations in the North Eastern part of Nigeria consequent upon the activities of Boko Haram insurgents. On the situation in Nigeria, Bensouda expressed grave concern over the continued search for the abducted Chibok girls, as follows ‘The situation in Nigeria has been under preliminary examination by the Office of the Prosecutor of the ICC since 2010. In August 2013, the Office issued a report concluding that [there is a reasonable basis to believe that] Boko Haram has been committing crimes against humanity of murder and persecution since July 2009. Information gathered by the Office indicates that there has been a sharp increase in the frequency and intensity of attacks attributed to Boko Haram since January 2014, including a significant increase in alleged abductions of women and girls and of sexual slavery. Some of Boko Haram’s alleged crimes would also amount to war crimes, as the Prosecutor has recently concluded that the situation constitutes a non-international armed conflict. As Nigeria is a State Party to the Rome Statute, the ICC has jurisdiction over war crimes, crimes against humanity and genocide committed on the territory of Nigeria or by its nationals from July 1, 2002 onwards. Having concluded that some of the alleged crimes committed in Nigeria fall within subject-matter jurisdiction of the ICC, the Office of the Prosecutor is currently assessing relevant national proceedings in conformity with the principle of complementarity. Under the Rome Statute, Nigerian authorities have the primary responsibility to investigate and prosecute the alleged crimes. Such cases may become admissible before the ICC if there are no relevant investigations or prosecutions in Nigeria, or if the national authorities are unwilling or unable to carry out genuine investigations or prosecutions. Purpose of the Conference The purpose of the Conference was to bring together leaders of Bar Associations and Law Societies in Africa to exchange and share practical experiences about the linkages between justice sector reform, poverty alleviation, economic growth and development on the African continent. The Conference also provided an opportunity for Bar Leaders in Africa to agree on strategies aimed at strengthening collaboration among Bar Associations at the sub-regional and the regional level. Developing a common vision for the administration of justice in Africa with possible support from the AU and RECs was an important objective of the conference. Working Sessions Day-Two of the conference was essentially devoted to various working session by participants on the different sub-themes on :Rwanda: Justice after Genocide -22 Years On. Situation of Administration of Justice in Africa State of Justice Institutions in Africa Terrorism, Security, Human Rights and Administration of Justice WTO, Globalisation of Legal Services and the Practice of Law in Africa Poverty alleviation & Economic Growth: Removing Legal & Regulatory Obstacles to Doing Business in Africa Collaboration/ Cooperation among Bar Associations in Africa Building working relations between the African Legal Support Facility, AfDB and the Legal Profession in Africa. NBA President, Augustine Alegeh SAN The Session on Rwanda The Conference coincided with the 22nd Anniversary of the Rwandan Genocide where an estimate of 1 million people, mostly from the Tutsi ethnic group, were systematically killed in Rwanda by Hutu extremists in what has become known as one of the most shameful crimes of the twentieth century. The Rwandan High Commissioner to Nigeria, Ambassador Stanilas Kamanzi gave an account of the experiences of the Rwandans in the Genocide which was caused by a failure of the government to act on early indications of violence . There were warnings but the international community failed to listen resulting in murder on a scale and at a speed not seen since World War. Rwanda developed her own informal mechanisms Gacaca in bringing justice to perpetrators of the genocide and victims alike. Gacaca’s primary aim was not to seek “punishment alone, but also reconciliation, seeking to restore a sense of social cohesion by facilitating face-to-face resolution between victims and perpetrators. The international community will only prevent future acts of genocide by heeding the lessons from past tragedies such as the Rwandan genocide. The international community has since made important strides in acting on the lessons from Rwanda (1) The world is now united against impunity, epitomised by the establishment of the International Criminal Court. International and UN-assisted tribunals, including the International Criminal Tribunal for Rwanda, are pursuing accountability and having a discernible deterrent effect on would-be violators of basic international norms. (2) The international community has endorsed the “responsibility to protect” principle; States can no longer claim that atrocity crimes are a domestic matter beyond the realm of international concern. It is crucial that the U.N. and other organisations in potentially violent states share early indications of potential atrocities especially in areas of Africa where poor economic conditions could trigger another genocide. In the Summit’s communiqué African Bar leaders agreed that ‘Genocide does not have to occur for us to find new ways to prevent genocide.’ Situation of Administration of Justice in Africa The summit observed that an efficient system of administration of justice that ensures respect for the rule of law and human rights, among other things, is crucial to Africa’s socio-economic and political development and in dealing with the numerous other development challenges that the continent faces. State of Justice Institutions in Africa After an engaging interactive session, it was noted that the important role of an independent judiciary in socio-economic and political growth of African countries is now, unlike in the recent past, recognised and accepted. However, there remains numerous problems such as judicial corruption, underfunding and lack of adequate resources, judicial conservatism, huge backlogs of cases leading to long delays, inefficiency of staff, inaccessibility of courts to the poor because of cost and their location in urban areas, and the politicisation of the judiciary Two important things need to be done to strengthen judicial independence. First, there is a need to entrench the core principles of judicial independence in the constitution, rather than in ordinary legislation. Constitutionalising judicial independence in this way is no guarantee against unwarranted interference by the executive branch with the judiciary, but it will increase the odds against such interference. Second, it is necessary that the bodies that decide important issues such as appointments, promotions and dismissal of judges be made less vulnerable to partisan manipulation. They should be constituted in such a manner that the chair and majority of members are independent of the executive. The weak, ineffective and often corrupt national justice systems need to be complemented by African sub-regional and regional justice institutions as well as other international justice institutions. Session on Terrorism, Security, Human Rights and Administration of Justice One of the most crucial working sessions of the conference was on terrorism and security. Participants agreed that there is a need for Bar Associations on the continent to strengthen their understanding of the complex and multifaceted relationship between human rights and terrorism Terrorism has a direct impact on the enjoyment of a number of human rights, in particular the rights to life, liberty and physical integrity. Terrorist acts can destabilise African Governments, undermine civil society, jeopardise peace and security, and threaten social and economic development. All of these have a direct impact on the enjoyment of fundamental human rights. The promotion and protection of human rights while countering terrorism is an obligation of African States and an integral part of the fight against terrorism. Counter-terrorism strategies in Africa should, above all, seek to prevent acts of terrorism, prosecute those responsible for such criminal acts, and promote and protect human rights and the rule of law. Security of the individual is a basic human right and the protection of individuals is, accordingly, a fundamental obligation of Government. African States therefore have an obligation to ensure the human rights of their nationals and others by taking positive steps to protect them against the threat of terrorist acts and bringing the perpetrators of such acts to justice. There has been a proliferation of security and counter-terrorism legislation and policies across Africa, much of which has an impact on the enjoyment of human rights. Anti-Terrorism legislation in many Africa States have created negative consequences for civil liberties and fundamental human rights Some States have engaged in torture and other ill treatment to counter terrorism, while the legal and practical safeguards available to prevent torture, such as regular and independent monitoring of detention centres, have often been disregarded. These practices, particularly when taken together, have a corrosive effect on the rule of law, good governance and human rights. They are also counterproductive to national and international efforts to combat terrorism. Breakfast Session on WTO, Globalisation of Legal Services and the Practice of Law in Africa The Guest Speaker at this session is one of Nigeria’s foremost commercial lawyers and authors, Mr. George Etomi. Etomi noted that the challenges of cross-border legal practice in Africa include ‘outsourcing of primary due diligence, discovery and document production rather than detailed analysis or complex legal work.’ Adding that the obvious cross-jurisdiction hurdles to outsourcing are ‘Different laws and legal, systems, Languages, Management of an international legal department and Decision making issues.’ ‘Yet, most of the ten largest law firms have more lawyers located outside their home-country office. ‘Half of the UK’s top 25 firms now source more than 40% of fee income from international operations and 50% of top 10 firms anticipate merging with or acquiring an international firm in the next three years. ‘Not exclusive to lawyers from developed countries’ exporting their services to other countries. ‘Emerging economies like India, China and Brazil’s impressive growth has increased their demands for legal services and also made them suppliers in the new wave of offshore outsourcing of legal services to corporate clients in developed countries by Offshore Outsourcing of legal work or Legal process outsourcing (LPO)’. He emphasised. The summit in its communiqué agreed that the Legal profession in Africa should continuously be aware of new global trends influencing legal practice, so that they can timeously prepare for such changes and position themselves accordingly. Only if this is done consistently, can firms on the continent continue to grow and prosper. It was also agreed that the ability of African law firms to benefit from globalisation of legal practice will be driven by the extent to which the law can continue to remain relevant to global clientele, respond quickly to their changing needs, provide high quality advice both cost effectively and efficiently, International trade in legal services has ensured that the legal profession and the business of law will never be the same again. This should not be viewed as a cause for concern, but rather a recognition that the legal market is presently moving more quickly than ever in its history. It represents a wonderful opportunity for the legal profession in Africa to prosper and excel. Africa’s negotiation position has generally been to support a limited licensing position. This allows a ‘limited’ right to foreign lawyers ‘to provide advisory services in foreign and international law, but not a right to appear before African courts to represent clients, unless the foreign lawyers have fully satisfied the admission requirements to practice law. Other sessions were on ‘On Poverty alleviation & Economic Growth: Removing Legal & Regulatory Obstacles to Doing Business in Africa. On Collaboration/ Cooperation among Bar Associations in Africa. Building working relations between the African Legal Support Facility, AfDB and the Legal Profession in Africa.’ Breakfast Session on African Development BankThe Guest Speaker was Mr. Stephen Karangizi, Director, African Legal Support Facility at the AfDB. Mr. Karangizi stated that African law firms must be restructured in order to benefit from AfDB. He noted that presently the bank relies on international law firms to advise it on commercial transactions. He added that African law firms give the least attention to commercial legal practice and that there is not yet sufficient specialisation amongst African lawyers. NBA president Augustine Alegeh SAN decried the lack of patronage of African lawyers by AfDB and demanded that the bank should designate an office at its Head Office specifically for African Bar Leaders Forum. That the forum will provide staff to work in the office and pay the staff’s salaries. He further expressed concern over the bank’s treatment of African lawyers, stating that there is an attempt to debase African lawyers and look down on them in major transactions. THISDAY LAWYER Editor, Mrs. May Agbamuche-Mbu, responding to Mr. Karangizi’s claim that African lawyers are not sufficiently skilled in ADR, stated that Africa and Nigeria particularly has enough skilled arbitrators to handle any type of commercial dispute within Africa. She cited the Lagos Court of Arbitration where she is a Director. These were the major resolutions at the conference: of poverty and administration of justice are largely similar. It was further observed that there are best practices on the continent on legal and judicial reform. It was agreed that an electronic forum to enable frequent information exchange to build on the partnerships forged during the conference and reach out to those who were unable to attend the conference will be launched. in the articulation of issues affecting the legal profession and the administration of justice on the continent was noted by delegates, it was resolved that the possibility of harmonising the activities of the PALU and Afba will be explored. The conference appointed a Committee of Four comprising Bar leaders from Uganda, Rwanda, Tanzania, Nigeria to facilitate dialogue between PALU and Afba. strengthening of the West African Bar Association, it further observed the need for West African Bar Leaders to be familiar with the constitution of WABA. The Conference appointed a Committee comprising of Bar Leaders from Nigeria, Liberia, Togo, Benin and the Deputy General Secretary of WABA to review WABA constitution and advise bar leaders in the region on membership and its organisational structure. African countries because of the inability and unwillingness of African States to prosecute perpetrators of serious human rights violations. It was resolved that an Africa wide programme aimed at strengthening the judicial system in their countries will be developed. Court (ICC) and the AU was observed. It was noted that African countries provided support for the establishment of the ICC and that African States brought many of the communications being investigated by the ICC on human rights violations. It was further observed that Bar Associations on the continent need better appreciation of the work of the ICC in other to intervene appropriately in the dispute between the ICC and the AU. The delegates resolved to request for a comprehensive briefing from the office of the Prosecutor on the status of investigations and prosecutions of human rights violation on the continent. It was further resolved that a briefing note to all Bar leaders on the continent will disseminated. trade in legal services in Africa and resolved that Africa needs to adopt a common approach to the globalisation of legal practice. The delegates resolved to engage the African Union and RECs to put in place measures aimed at ensuring that African governments recognise, engage and give priority to African lawyers and law firms in all matters of legal advice and representation. Legal Support Facility of the Afdb and observed that an important component of the programme of the facility is developing the capacity of the legal profession in Africa, the delegates therefore resolved to carry-out the following actions (1) to seek more information from ALSF on the specific content of its capacity building programme for African Lawyers (2) to work out modalities with the ALSF for an internship programme for nominees of African Bar leaders including establishing a desk in the offices of the ALSF (3) engage the ALSF on modalities for hosting the 2nd ABLC. Association to host the 2nd African Bar Leaders’ Conference in Tunis. It was agreed that a Conference Planning Committee be established to include nominees from the Tunisian Bar Association and Conference Secretariat to facilitate the organisation of the 2nd African Bar Leaders’ Conference. It was further Resolved that the 2nd African Bar Leaders Conference will be held in Tunisia April 16-19, 2017. and invited the Nigerian Bar Association to host the secretariat until 16 April 2017 and give quarterly reports to the African Bar Leaders on the implementation of Conference Resolutions. By: Jude Igbanoi reports. Source: Thisday]]>