IBA 2019 CONFERENCE: REDEFINING THE FUTURE OF THE LEGAL PROFESSION
Subcommittee, illustrated issues with the trusted space in the US, discussed Privacy Shield and Safe Harbour arrangements, and advised that Africa create regional blocs to tackle issues that arise.
Nigerian Lawyers Came with a Large Delegation – Impressive. What were their Takeaways from the Conference? THISDAY Lawyer sought their views.
‘In terms of topics, resource persons and organisation, how would you assess this year's IBA Conference? What are your takeaways?
Adeniji Kazeem, SAN, Immediate past Attorney-General of Lagos State
I am extremely impressed by the facilities available in the host city, Seoul, and I see that the IBA has made good use of what the city has to offer, to organise this event. Taking a look at how massive the main event venue is, the networking hub provided, as well as the tour guides always at your service everywhere you turn? And the business facilities? It's difficult not to reach a conclusion that, this should be the benchmark for even our NBA Conferences, because I know that our annual conference is more populated in attendance than the IBA.
And the sessions have been educative and eye-opening, as usual, which is expected, because the members from the more advanced jurisdictions such as the United States and European countries, have been willing to share their experiences with us.
Overall, I would say that you wouldn't have attended IBA Seoul 2019, and returned to your country the same. We have a lot to develop in various sectors, such as our technology and Intellectual law and regulation, deepening our understanding of foreign investment forays, especially from Asia, and even legal service delivery.
‘In terms of topics, resource persons and how organisation how would you assess this year’s IBA Conference?’
Chief Emeka Ngige, SAN, Chairman, Council of Legal Education
I will give this year’s conference, very high marks. The organisation was superb. IBA continues to improve, from one conference to another. It was virtually a paperless conference, with seamless registration. An attendee to the conference could easily assess various papers presented through the IBA App, and by emails circulating the papers. The papers could also be accessed via the IBA website. The sessions were on cutting- edge topics of substantive law, combined with those affecting the legal profession. They were very informative, educative and exciting, particularly those with interactive features.
I attended several sessions including those relating to the future of the legal profession in the advent of Artificial Intelligence, the Rule of Law Symposium, Arbitration sessions, the African Regional Forum sessions, Judges Forum etc. The resource persons that presented or discussed papers presented at the conference, were fantastic. They were well-prepared for the sessions. I noticed that Nigeria fielded many resource persons at conference, and they all performed well.
On the sidelines, the Nigerian Embassy in Seoul, in collaboration with the Nigerian Bar Association, organised a first Class Dinner at Lotte Hotel Seoul. I seize this medium to commend the Nigerian Ambassador, Alhaji Aminu Dalhatu, for his thoughtfulness and hospitality. I will not also fail to mention the Welcome Party, which showcased the rich culture and tradition of Korean People. The conference also afforded the participants the opportunity to network and make friends, across jurisdictions. Plenty of complimentary cards were exchanged, by the attendees.
In all, there is a lot to take home from the conference which will guide us (Nigerian Lawyers) back home, in improving on our own NBA Conferences. It is noteworthy that, the NBA President alluded to the fact that, what helped in making the last NBA Conference in Lagos successful, were lessons gained from the IBA conferences. I think that spirit should continue, with the succeeding NBA administrations. The Association should always use the right people, as Conference Planning Committee members. I also think that Nigerian Government should start thinking of collaborating with the private sector, in constructing a world Class International Conference Centre in Abuja, so that in 10 or 15 years time, Nigeria can bid to host the IBA. The present Conference Centre in Abuja, is no longer world-class. I think it is a doable project, once the NBA interfaces with the Federal Government in ensuring that proper arrangements are made and the right persons (a task force) put in place, to start planning for the project.
Chief Chris Uche, SAN
IBA has always been exceptional in organisational competences, and as an IBA veteran, I can confidently say that this year’s annual conference has not been an exception. Rather, it has continued to improve and raise the bar in terms of topics, resource persons and organisation. With over 200 sessions, this year’s programme had something for everybody. The most outstanding for me was the Rule of Law Symposium which had a lot of lessons and implications for Nigeria.The Symposium touched on the persecution and intimidation of Judges and Lawyers by Governments, as a major threat to the independence of the legal profession. Many Nigerian delegates who attended the session and listened to Neri Colmenares of the Phillipines, could easily relate with the narrative, given recent experiences in Nigeria. Majority rule, it was shown, is not a safeguard of the Rule of Law, as an elected government may become the greatest threat to the Rule of Law itself.
Let me also say that, I do not agree with those who say that the contents of sessions in the IBA have no relevance to Africa. We must accept that the justice systems of the Western world are far more advanced than ours. The IBA is an international forum designed to set the pace, for global advancement of best practices. We cannot expect them to lower their standards, so we can follow; we must speed up, to catch up. Provisions have been made by the IBA for the African Regional Forum, for us as Africans to discuss issues, topics and matters peculiar to us, and that is where Nigerians must begin from, in order to make the desired impact, and become relevant in IBA.
Seoul is a unique city, and this year’s conference is one that has so much to offer. I cannot end my comments without adding a few words of appreciation to the Nigerian Ambassador, Aminu Dalhatu, for the special and well-packaged dinner for Nigerian Delegates. Compliments too, to His Excellency, the Korean Ambassador to Nigeria, Mr. Lee In-Tee, who upon our courtesy call, personally intervened to ensure that all Nigerian delegates got visas. Over the years, I have found IBA an indispensable platform for professional growth, and I will continue to make the conference an annual pilgrimage.
Professor Joy Ngozi Ezeilo OON, Dean, Faculty of Law, University of Nigeria, Former, UN Special Rapporteur on Human Trafficking, Member, Body of Benchers
The 2019 annual conference of the IBA, held in Seoul, South Korea was a very fulfilling and most rewarding experience for me, as an attendee and a presenter sponsored by IBA, to speak at its showcase session dealing with cost benefit analysis (CBA) of legal aid. It was a great opportunity to update one’s knowledge on global issues of concern in the legal profession, network, as well as forge new partnerships.
As always, it was difficult to select sessions apart from plenaries to attend. I followed keenly, sessions to do with human rights law, legal aid, access to justice, pro bono work, criminal justice and professional ethics, including alternative dispute resolution that coincides with my academic interest and activism.
I was particularly delighted to have had the opportunity to review the study and publication titled “A Tool for Justice: A Cost Benefit
Analysis of Legal Aid”. The Report is the outcome of a joint project between the World Bank and the IBA Access to Justice and Legal Aid Committee. The objectives of that study were to: address the global justice gaps, and access to justice to the poor and vulnerable, in search of justice (women, children, people with disabilities, and people from minority ethnic communities are often the most vulnerable); undertake CBA of Legal Aid Programme, to best inform policy makers on efficient and effective resource allocation, in the continual challenge of scarce resources; and develop a tool on how to conduct CBA.
Access to legal aid, is central to ensuring access to justice, especially for the poorest and most vulnerable people. Access to justice, is part and parcel of inclusive development as underlined by the UN Sustainable Development Agenda (OECD, March 2019). The cost benefit analyses of legal aid programs surveyed in recent IBA/ World Bank Report, 2019, suggest that the benefits of legal aid, outweigh the costs. Unaddressed legal needs affect individuals, their families, the justice system, the economy and the society. Improving access to justice can also help to prevent gender-based violence. As the WJP's Global Insights on Access to Justice 2019 Report rightly observed, the unmet civil justice needs of 1.4 billion people globally, is crucial to achieving SDG16 on peace, justice, and inclusion. Access to legal aid is fundamental to safeguarding fair, equal, and meaningful access to justice, yet millions of Nigerian women and girls have unmet access to justice needs.
It is important that, we continue to sensitise key stakeholders on funding legal aid, especially also for us in the legal profession, to continue to take on cases on pro bono basis. I help to found a charity (Women’s Aid Collective- WACOL and Tamar Sexual Assault Referral Centre), that provides thousands of free legal aid every year to women and children in difficult circumstances. We shall continue to advocate for expansion of legal aid, to ensure that it works for all vulnerable groups, and address the pervasive justice gaps. It behoves us as Lawyers, to reinforce the inherent value to society, of protecting the most vulnerable, and of ensuring access to justice for those who cannot afford a Lawyer. It is crucial to bear in mind that, legal aid is an intrinsic part of rule of law.
Lawal Rabana, SAN, former NBA General Secretary
The IBA conference in Seoul this year was perfectly organised, from the ease of registration, to the awesome opening ceremony and the lavish reception; the quality of the tea breaks and lunch served was great. The working sessions were well put together, but, above all, is the venue of the conference, which was fantastic. In summary, this conference is one to beat.
Mrs. Abimbola Akeredolu, SAN, Former Attorney-General of Ogun State
Topics: I find that on an annual basis, the topics for discussion at the IBA tend to revolve around a particular topical issue or issues that Lawyers in developed climes happen to be grappling with at the material time. You therefore, find that, even though there is no named central theme for the Conference, the topical issue(s) for that year will feature like a recurring decimal in most of the Sectorial sessions.
My view is that this year, Cyber Security, Crypto Currency, Artificial Intelligence and the advancement of technology in the practice of law and related fields, were the topics that took pride of place.
That said, you have asked for my assessment of the Conference, in this regard. Lawyers from developed economies, where technological advancement is taken for granted, would have had a splendid and rewarding experience, since they already practice and could relate to the high levels of technology, that were the subject of the discourse. As for those of us, who cannot even take as basic a function like the availability of power for granted, some of those topics were a little over our heads despite our best efforts.
However, topics in those universal areas of law such as cyber security, rule of law, human rights resonated very well with the larger majority of attendees, and the choice of topics in those areas was, in my estimation, superlative.
Resource persons: I can only speak for the sessions I attended. In this regard, I would say that, the IBA did the best it could in the circumstances. The quality of resource persons this year was not the best that I have witnessed, but they did their best.
Organisation: The organisation was splendid in my estimation. The Korean Bar Association and the organisers deserve a standing ovation. They spared no effort to bridge the language barrier, which would otherwise have been a pure fiasco. They had their English speaking volunteers everywhere at the massive convention centre, and even at the different conference hotels, giving directions and assistance to conference delegates who sought their help or who appeared to be in need of assistance.
Sam Ologunorisa, SAN
For me, the IBA provides an opportunity to network, and compare notes with colleagues across the globe. It helps in terms of professional self-appraisal, and peer review. I found the resource persons and the topics of discussion, to be relevant and contemporary. It was worth the while.
Dr Babatunde Ajibade, SAN
The topics, resource persons and organisation of this year’s IBA Conference have been splendid, as usual. The IBA continues to amaze with the amount of attention that's paid to detail. This is clear evidence, of the advantage of advance planning. As this conference is ongoing, the plans for the 2020 Miami Conference, are already in high gear. The NBA can learn a lot from this, and improve even further on our annual conference planning, which has shown improved planning in recent editions.
Dr. Wale Olawoyin, SAN
I think the topics and resource persons are fairly broad based and interesting, especially to African legal practitioners. However, for those that are privileged to be officers in our various committees, we have a duty to continue to steer committees towards some topics that have an afrocentric appeal, to engender interest and
“THE LESSON FOR NIGERIA, WAS BETTER CAPTURED BY AMBASSADOR AMIN M. DALHATU, WHO REMINDED DELEGATES THAT NIGERIA CONTRIBUTED TO THE SEED FUNDS IN THE EARLY 1960'S, WHEN KOREA WAS IN ABJECT POVERTY, AND RUINED BY WAR.....TODAY, KOREA IS AMONG THE NATIONS TO BEAT, IN TERMS OF MAINTENANCE OF LAW AND ORDER, TECHNOLOGY......”
commitment to the IBA. Organisation is, as usual, excellent in my view.
Jonathan Gunu Taidi, NBA General Secretary
The 2019 IBA Conference, which held at the magnificent COEX Exhibition and Convention Centre in the Business District of Seoul, was an assemblage of speakers on contemporary issues over the trends in practice across jurisdictions. The choice of Seoul, undoubtedly, reinforces the need for world peace. The lesson for Nigeria was better captured by Ambassador Amin M. Dalhatu, who reminded Delegates that Nigeria contributed to the seed funds in the early 1960's when Korea was in abject poverty, and ruined by war. However, today Korea is among the nations to beat, in terms of maintenance of law and order, technology and humble people.
Kunle Edun, NBA National Publicity Secretary
IBA 2019: The New Perspectives and the DMZ The IBA Annual General Conference was held at the COEX Convention and Exhibition Centre, Gangnam, Seoul
between the 22nd of September and the 27th of September, 2019. The IBA Conference is usually a meeting hub for many international Lawyers, to deliberate on the future of the law, human right and the rule of law.
As usual, Nigeria had a very strong showing at the conference, with some prominent Nigerian Lawyers like Chief J.K. Gadzama, SAN; Dr Konyinsola Ajayi, SAN; SPA Ajibade, SAN; Mrs. Mfon Usoro; and Mrs. Funmi Oluyede, being some of the prominent speakers at the event. The Nigerian delegation to the Conference was led by the reformative President of the Nigerian Bar Association, Mr. Paul Usoro, SAN.
The Conference commenced with an Opening Ceremony on the 22nd September, 2019. Wonderful speeches by the IBA President, Horacio Bernardes Neto and the former Secretary- General of the United Nations, Mr. Ban-ki Moon, set a positive tone for the conference. The opening ceremony came to a climax, with a fantastic display of various Korean cultural dances and acrobatic displays. As stated by the IBA President, “The IBA coming to the Korean Peninsula, shows our fundamental commitment to support and promote the rule of law around the world”.
The 2019 Conference had more than 200 sessions and various plenary sessions, which included a Rule of Law symposium and showcase sessions presented by the various committees of the IBA, which afforded the delegates the rare opportunity to engage experts in the various field of law, on issues bordering on contemporary legal challenges. The sessions on Rule of Law, Independence of Judges, Refugees, Arbitration, Corruption, Artificial Intelligence, Internationalisation of health services, and opening of the domestic legal markets to foreign law firms, were particularly educative and rewarding. Two sessions on Conversations with two North Korean defectors, were also major crowd pullers.
South Korea in Brief
A brief statement about South Korea, should give a compelling reason for the IBA 2019 Conference holding in the Korean Peninsula. South Korea is obviously a small but rich nation, with a population of about 11 million people (just about the population of Lagos State). Most of the natural resources are located in North Korea; South Korea relies heavily on tax, and thus, easily one of the very few most expensive cites in the world. South Korea rose from the ruins of the Korean War, where more than 6 million people died. Skyscrapers adorn all the skylines in Seoul. The city of Seoul easily competes amongst the top three cleanest cities, in the world. Their local currency is called “won” which is about 100W to $1USD. South Korea deliberately devalued its currency, to attract foreign investors. The Hyundai and Daewoo families, are among the richest in South Korea.
South Korea practices the American styled capitalist democracy, while North Korea adopted communism, with Kim dynasty being in power for more than 50 years. The United States and the former USSR divided Korea into two, after the defeat of Japan in World War II. The interests of the U.S.A and Russia are always at play, in what happens in the Korean Peninsula. To drive home the point of institutionalisation of human rights in North Korea, where there is totalitarian rule, the IBA President, in conjunction with the Local Organising Committee, encouraged delegates to visit the Demilitarised Zone (DMZ).
DMZ
On the morning of the 23rd September, 2019, the IBA delegates who registered for the tour to the DMZ (as it is famously called), had already converged at the Coex Convention and Exhibition Centre, Seoul for the coach ride to the DMZ. The name of our tour guide was Bella, a young lady who said that she had recently concluded her mandatory military service. She reeled, with passion and patriotism, the history of South Korea and the conflict with North Korea. After the Korean War that led to the death of almost 6 million Koreans, the United Nations, the United States, USSR, and some other western countries, intervened and brokered peace between the North and the South Koreans, which produced the Armistice Agreement that was signed on the 23rd July, 1953. The DMZ is therefore, a creation of the Armistice agreement. The armistice provided that the two countries will give 2km each of their territories at the border, to be a buffer zone that will be free and devoid of military operations and installations. Before approaching the DMZ, we had to pass through the Civilian Controlled Area. We saw a long blue rope along the border (few metres from our coach) which demarcates the two countries; we were warned that more than two million mines were laid along the blue lines and set to explode immediately, should anyone attempt to cross over the border; probably making it the world’s most dangerous border. We passed through the Unification Bridge on the Imzhi River and the Unification Villages. The villages have about 300 settlers. The settlers are prohibited from paying taxes and cannot be conscripted into the compulsory military service. In both South Korea and North Korea, military service is mandatory. In the South men undergo military service for 15 months, while the women do eight months; however, in North Korea, the men undergo military service for 11 years, and the women, about 7 years.
As a monument for the Unification efforts, South Korea constructed the Imjingak Park on its side of the border; mementoes and gift items are sold at the Park. The Park is within the Civilian Controlled Area. Not far from the Imjingak Park, is the Dora Observatory. At the Observatory, and with the use of telescopes, we had a clearer view of the North Korean border, and the village lifestyles of the North Koreans. This place is the nearest point to North Korea from South Korea. The North Korean border is mountainous, which gives it the advantage of some natural defence, but, obviously, quite and far less developed, compared to the South Korean border. Photos were not allowed to be taken.
The climax of the tour, was when we got to one of the infiltration tunnels. We were shown a 7 minute film about the Korean War at the DMZ Theatre and Exhibition Hall, the signing of the Armistice, the unification attempts and how the North Koreans continued to invade South Korea in spite of the Armistice, the latest invasion having happened in 2010. After the signing the Armistice agreement and to spring surprise attacks on South Korea, the North Korean military constructed four different infiltration tunnels. We were only allowed to enter one of the infiltration tunnels. Photographs were prohibited. Our guide warned us that the depth of the tunnel is almost two kilometres; that we would have to bend down half way the tunnel to get to the end of the tunnel because of the narrowness of the tunnel and to avoid our heads hitting the rocks above. Note that, the Koreans are short and smallish, but the North Koreans are shorter in height compared to the South Koreans. Tourists who had health issues or a phobia for darkness, were advised not to enter the tunnel. Some tourists had to turn back at this point.
We entered the 1st infiltration tunnel. It was an emotional and an amazing experience. It exemplified the desperation of the being called homosapiens. Eventually, some of us reached the end of the tunnel. The tunnel was blocked by South Korea exactly at the point where its boundary with North Korea terminates. Our guide sadly informed us that, South Koreans believe that there are more tunnels, yet to be discovered. The DMZ was constructed, on all the four tunnels that were discovered.
After the visit to the infiltration tunnel, our final stop was the Railway Station (within the DMZ) which was purposely built by the South Korean authorities in anticipation that with the unification of the two Korean countries, North Korea would construct its part of the rail line to connect the two countries. As at today, the North Koreans have not constructed their part of the rail line.
All the delegates at the conference were in accord that peace, security, respect for human rights and adherence to the principles of the rule of law are main drivers for the economic growth of a country, and ultimately, makes it a tourist attraction. Delegates hoped that, in the nearest future, and as said by one of the North Korean defectors, Hyeonseo Lee “probably, the third generation North Koreans who do not know how the Kim family evolved, but now have some idea of the prosperity of South Korea as a result of democracy, would be bold enough to challenge the Kim family to free themselves”.
Folabi Kuti – Perchstone and Graeys
Organisation, to the little fine details, excellently put together! The thematic preoccupation in many of the Sessions gives concern, whilst embracing the future of legal services across the world. The concern is however, a positive one- how prepared are we for the intrusive forces of technology (AI), globalisation and attendant liberalisation of frontiers of legal practice and service delivery, new ways of doing things etc.
The networking and knowledge exchange with Lawyers from other jurisdictions, adds to the spice.
Insights From the IBA Conference, Seoul 2019: Ope Olugasa, MD, LawPavilion, the only African Exhibitor at the Conference
His Perspective: This was indeed a remarkable event, that lasted 6 days. The organisation, timeliness and attention to detail, exceptional.
The first lesson, is how South Korea was able to quickly surmount its numerous challenges in the 60s, to become a rising global city. Seoul arose from South Korea’s economic boom, despite a history of war and invasion. Today, it is the world’s 4th largest metropolitan economy with a GDP of US$635.4 billion as of 2014. It is also the world's 9th most visited city, and the 4th largest global earner in tourism. Seoul is home to the headquarters of 15 Fortune Global 500 companies, including Samsung, LG, and Hyundai. It’s a real food for thought.
A major take home for me, is the focused discussion on existing areas of law that require urgent reform, and new areas of law that can be developed. These discussions, which were led by panels of experts from various jurisdictions around the world offered unique insights to developing jurisdictions like Nigeria. For instance, in the Technology and Artificial Intelligence sessions, such as the session on ‘The Internet of Things’ presented by the Regional Fora, legal professionals were educated on how the Internet of Things (IoT) has impacted their businesses and the opportunities it has created. Of course, LawPavilion is quick to champion this in Nigeria.
There was also a thorough look at the legal framework available to guide the use of IoT, and if this was enough to continue to protect the interests of all stakeholders and users. Although IoT has helped a lot, it also creates challenges that existing laws may not always be sufficiently equipped to deal with; issues such as protection of privacy, data security, trust, safety and ethics. This is an eye-opener for Nigerian Lawyers and especially our Regulatory Authorities and lawmakers. I’m glad there was a good representation from the Regulators and Lawmakers this year. We must learn to move beyond semantics, and actually engage the tech world, especially in the light of the opening of our economy through regional blocs such as is being proposed by the AfCFTA.
There is an urgent need for Nigerian Lawyers to skill-up and become more open to new ways of doing legal work, especially since the world all around is changing rapidly, and is becoming more technologically driven.
Another clear insight from the Conference, is on the issue of labour and what we consider to be the workplace, the employee and the employer. The growing Gig-Economy, is rapidly changing the narrative, and our laws should follow suit. The gig economy phenomenon started with the entry of Uber into the economy, and their takeover of the taxi industry. A gig economy is a labour market characterised by the prevalence of short-term contracts or freelance work, as opposed to permanent jobs. Today, in the US for example, one in every ten individuals finds gig economy work, through apps and websites. Isn’t this already becoming commonplace, in Nigeria? Are we ready to tackle this through law? In all, the Conference was indeed, eye opening and insightful. Kudos to the organisers.
“.....IN THE TECHNOLOGY AND ARTIFICIAL INTELLIGENCE SESSIONS, SUCH AS THE SESSION ON ‘THE INTERNET OF THINGS’..... LEGAL PROFESSIONALS WERE EDUCATED ON HOW THE INTERNET OF THINGS (IOT) HAS IMPACTED THEIR BUSINESSES, AND THE OPPORTUNITIES IT HAS CREATED. OF COURSE, LAWPAVILION IS QUICK TO CHAMPION THIS, IN NIGERIA”