OLUMIDE AKPATA

DETERMINED!

Born in 1972, Olumide Akpata is the youngest of three aspirants running for President of the NBA (Nigerian Bar Association). With his impressive portfolio in the legal profession, Olumide is leaving no stone unturned to achieve his dream in bringing change to this noble profession.

Olumide started his early education in Warri, Delta State. He attended secondary school at Kings College Lagos and proceeded to the University of Benin in 1989 where he attained his LLB Degree. Upon completion, he attended the Nigerian Law School and was called to the Nigerian Bar on in 1993.

After NYSC in Kano, he joined the firm of Dr Mudiaga Odje & Co. Upon completion, he relocated to Lagos to team up with Oghogho Akpata to establish Templars in 1996.

25 years later, Olumide Akpata is a Senior Partner at Templars, a world class, multi-sectoral and fullservice firm which consists of over 100 fee earners including 15 partners and two senior advocates. He heads the firm’s Corporate and Commercial Group.

Olumide has worked on some of the major transactions which have shaped commercial practice in Nigeria. Some of these include: the unbundling of NEPA, the merger between Diamond Bank and Access Bank PLC which resulted in the emergence of Africa’s largest retail bank (by customers) and one of the largest lenders in Nigeria; and General Electric’s (GE) strategic acquisition that heralded the establishment of GE’s oil and gas operations in Nigeria. On account of his in-depth understanding of law, he was given the Business Icon of the year award by ESQ Law in 2018.

Olumide has been actively involved in the Nigerian Bar Association (NBA), most especially the NBA Section on Business Law (NBA-SBL). He was a pioneer member of the NBA- SBL and worked with the founding Chairman, to operationalize the section after its inauguration in 2004. Since then, he has been the Secretary, Vice Chairman and Chairman in 2013, 2014 and 2016.

The NBA-SBL under his leadership achieved, among other things, the following: setting up SBL Clubs in six universities across the six geopolitical zones; creating several additional subject-matter specific committees; organizing two world-class NBA-SBL Conferences (2017 and 2018) in partnership with the International Bar Association (IBA), a free training seminar for over 100 young lawyers; establishing a partnership with the National Assembly and the Nigerian Economic Summit Group and collaborating with the Presidential Enabling Business Environment Council on the ease of doing business in Nigeria.

His activities as a lawyer interested in the advancement of the legal profession goes beyond the shores of Nigeria. He represented the NBA on the council of the IBA in 2014 and 2016. He has also served/ serves as Vice Chairman of the IBA Africa Regional Forum; Member of the IBA Presidential Task Force on the Future of the Legal Profession, Member of the IBA Credentials and Officer/Member of the IBA Anti- Corruption Committee.

Additionally, he sits on the Boards of a number of private companies. He is a member of several think- tanks, including the Nigeria Economic Summit Group (NESG) and the United Nations Nigerian Humanitarian Fund (UN-NHF).

When he isn’t working, Olumide enjoys bonding with his family and friends. Loves to explore new destinations and reading biographies of distinguished personalities. FUNKE BABS-KUFEJI reports...

You had a successful tenure as Chairman of the Nigerian Bar Association’s Section on Business Law. Is it safe to say the same will be expected if you emerge as President of the Association?

I am proud of what we achieved at the NBA-SBL. What we demonstrated to the rest of the Association is that you can set a standard and maintain it. We became the convergence-point of regulators, policymakers, lawyers, and government. Issues affecting Nigeria’s economy were regularly deliberated upon at our events especially our flagship Annual Business Law Conferences. In the process, we positively impacted our members and raised the bar of commercial law practice in Nigeria.

Our style has always been to actively collaborate with policy makers and regulators to enhance the business environment in Nigeria. Some of these collaborations include working with the Presidential Enabling Business Environment Council, (PEBEC) led by Nigeria’s Vice-President, Prof. Yemi Osinbajo, SAN; the Dr. Jumoke Oduwole led Enabling Business Environment Secretariat (EBES); and the National Assembly Business Environment Roundtable (NASSBER) established in partnership with the National Assembly and the Nigerian Economic Summit Group, with support from the UK Department for International Development. These collaborations, which resulted in Nigeria climbing 24 notches on the Global Ease of Doing Business Index, are indicative of what can be achieved if we work together and are galvanized by an ultimate objective.

Before COVID-19, not all lawyers or law firms in Nigeria appreciated the need for law/legal tech generally and virtual meetings or remote working in particular. However, this is now the new norm. Do you see law practice in Nigeria returning to the ‘old norm’ any time soon?

Virtual court hearings should come as no surprise in this age. For a long time, virtual hearings have been in use in other jurisdictions and it has worked well. There is no reason why it cannot or should not be used in Nigeria. It is sad that the trigger for our adoption of this modern method of justice delivery is a deadly pandemic, but I am happy that we have adopted it now. Thankfully, the Supreme Court recently hinted that there is nothing unconstitutional about virtual hearings. I think it is a welcome development. I do not see us returning to the old norm in the immediate future. What this means is that any law firm that wants to compete, remain relevant, and survive must continue to evolve and this will entail progressively investing in technology.

Why are you contesting for the position of the President of the NBA?

Like many fellow citizens, I am a frustrated Nigerian. The country is disintegrating right before our eyes. However, instead of complaining, I want to use my platform to make a difference. The legal profession in Nigeria is a microcosm of the larger Nigerian society and I believe that we encapsulate in miniature, all the big issues that we complain about in our society.

If we can get our acts together at the Bar and lead by example, we can influence the larger society towards the building of a nation that we can all be proud to associate with.

Of all the lawyers who have expressed interest in the NBA presidency, you are the youngest. Do you feel intimidated in any way?

I am the youngest of the three candidates but anyone

If we can get our acts together at the Bar and lead by example, we can influence the larger society towards the building of a nation that we can all be proud to associate with.

who has followed my career knows that I cannot be intimidated by anybody. I do not see any obstacle that is insurmountable. What is important is that I am eligible to contest and serve the NBA in this capacity. The NBA Constitution provides that a candidate for the office of President must have not less than 15 years post qualification experience. I was called to the Nigerian

Bar in 1993, and I have been in uninterrupted private legal practice since then, 27 years, out of which time I have spent the last 24 years as a co-owner of a law firm and an employer of lawyers. I have been in the National Executive Committee of the NBA for the past six years; and I am from Edo State, in the western geographical zone to which the NBA Constitution has zoned the office of the President from August 2020 to August 2022. I am therefore, very qualified to contest for the position of NBA President.

How best can the falling standards of the legal profession be addressed and reformed?

The decay in our system of legal education is one manifestation of the decay in the general educational system in Nigeria, which has been worsened by our collective lackadaisical attitude towards the need to consistently update the curricula and effectively train our law teachers.

We need a substantial overhaul of the education that our law students receive both at the Nigerian Law School and at the various universities. I cannot comprehend how law students in 2020 are receiving the same education that I received over 30 years ago. Meanwhile their counterparts in growing economies are being taught courses and modules that reflect the current economic realities. At an institutional level, our system of legal education has to appreciate the fact that the lawyer’s role is not limited to resolving disputes but extends to the servicing of all aspects of the economy. We need to instate reformative educational policies to align our system of legal education with the needs of our growing economy. Thankfully, the NBA is well placed to tackle these problems. The Director General and all the lecturers of the Nigerian Law School are lawyers. The Chairman of the Council of Legal Education is also a lawyer. It is up to the NBA to partner with these distinguished members to effect a transformational change to the legal training that prospective lawyers in Nigeria receive.

Why should a legal practitioner vote for you instead of your opponents as the next President of the NBA?

What I bring to the table are recent and relevant record of result-oriented leadership in almost all positions that I have been privileged to hold within and outside the Bar; a clear understanding of the issues affecting the Bar and practical solutions for dealing with them; a deep appreciation of the role that the Bar plays or ought to play as the watchdog of the society and a commitment to deliver as such; and availability to steer the ship. I really want to be a hands-on President and to attain this goal, my partners at my law firm have agreed to allow me to take a two-year sabbatical to focus on the office should I become President. But l do hope this is not a trend that continues with future Presidents after this upcoming tenure because leadership and law practice ought not to be mutually exclusive. However, given the amount of work needed to stop such trend now, full dedication is crucial, and I sincerely do not believe that any other candidate can genuinely offer this.

What other key things are you looking to change should you succeed in your aspiration?

First will be reforming the institutional and governance processes of the NBA to have it run as a proper institution like other parts of the world. Second will be a significant involvement of the Bar in the promotion of rule of law, improved administration of justice, defence of the Judiciary, law reforms and legal education reforms. Third will be the welfare of the members as a lawyers’ welfare is an important component of the dignity of our profession. Fourth will be to have a Bar where every lawyer feels welcome, has a voice and a seat at the table and can aspire to any heights without limitation or discrimination regardless of their station or status whether they be young lawyers or senior lawyers, senor advocates or non-senior advocates, lawyers in private practice or those that are in-house or in the academia or working as law officers. Lastly, will be to have to put in place policies that will help us lay the foundations for a Bar that is globally competitive and prepared for the future in terms of technology in law, cross border law practice, new and emerging practice areas for Nigerian lawyers and so on.

How is your plan of action different from the usual promises most likely also given by your opponents?

I have made it clear that my idea of welfare for lawyers does not consist of providing fleeting hand-outs or freebies to lawyers, but rather to have lawyers equipped with modern skills and tools to provide for themselves and earn better.

The question of the working conditions of lawyers especially the remuneration of legal practitioners in private practice is undoubtedly a controversial issue for an NBA President. But we cannot run away from the reality that a good number of lawyers work without any formal employment contract and are left at the whims of their employers. In some cases, the poor remuneration of lawyers is a function of the inability of the employers to do better. But in many other cases, this practice is completely unjustified. This has made the legal profession in Nigeria a laughing stock and no Association worth its salt would fold its hands and do nothing.

In this regard l promise to give institutional backing to the ongoing discussions regarding the remuneration of lawyers with a view to devising feasible and enforceable ways to improve the lot of our members. There is the need for an NBA Remuneration Committee to be charged with this responsibility. There are also other measures to encourage and create incentives for law firms and senior lawyers to pay their young lawyers and I pledge to explore them.

One of the exciting things about your candidacy has been the diverse nature of your endorsers. One which particularly stood out came from Audu Maikori who complained about the informal segregation that exists at the Bar and the condescending manner in which some practitioners view those that specialize in media and entertainment law and touted your ability to bring about an all-inclusive profession. What do you say to that?

I appreciate his endorsement and indeed all others who have endorsed me. I completely understand where Audu was coming from.

For too long, different segments of the legal profession in Nigeria have been treated as outsiders or as less than equal members of the profession. As a commercial lawyer who personally fought to ensure that the voice of commercial law practitioners is heard, using the NBA-SBL as a platform, I appreciate the need to ensure that different constituencies in the profession including corporate counsel, lawyers in government, law teachers, police and military lawyers, etc. are also given a voice and their due recognition as equal members of the profession.

We need a Bar where every lawyer feels welcome, has a voice and and can aspire to any heights without limitation or discrimination regardless of their practice area. This is part of my pledge and I will ensure that it happens.

Do you think that the fact that you are yet to take silk threatens your desire to lead the Bar?

I think it is a rather pointless dichotomy. The fact that you are a Senior Advocate means that you

I have made it clear that my idea of welfare for lawyers does not consist of providing fleeting hand-outs or freebies to lawyers, but rather to have lawyers equipped with modern skills and tools to provide for themselves and earn better.

are exceptional as a litigator and an advocate. You have excelled at it. But to be President of the Bar, you also need to be an astute administrator, a manager of men and resources, a people-person. Any qualified lawyer, SAN or non-SAN can be President of the Bar, as long as he/she has the credentials required for the position. So, I do not feel threatened at all.

Instead of quibbling over rank and position, we should pull together and recognize the issues bedeviling us as a profession, so we can fix them and bequeath to the next generation a profession that is worthy of its name.

Very recently, it was reported that the EFCC brought a charge against certain persons for allegedly rigging the 2018 election of the Association. What can be done to increase candidate/voter confidence in the process?

Since that charge is now pending in court, there is little I can say about it out of the respect to the courts and in obedience to the sub judice rule.

That said, several articles and opinions have already been written in respect of the 2020 NBA elections and indeed I have written to the ECNBA to express my unease with the level of preparations for the election scheduled to take place in a few days. Part of my complaint is that the voters’ register is demonstrably flawed; there are unresolved issues with the frustrating and completely unnecessary verification exercise that appears designed to disenfranchise eligible members; and above all, contrary to all known best practices, the technology to be deployed at the poll is shrouded in secrecy. The loud silence of the ECNBA is bewildering. I was in University at the time of the crisis that tore the Association apart in 1992. Anything short of a fully transparent, free, fair, credible and user-friendly election in 2020 may plunge the Association into another round of crisis from which it may not recover. We hope the ECNBA can learn from history and forestall that.

One of the recent criticisms against the NBA is that the Association has lost its voice in national affairs or that its voice is no longer taken seriously. How can this perception be changed?

Indeed the NBA has lost its voice as the prime defender of the integrity and independence of the Bar, the judiciary and Nigerian society at large. The NBA Motto is Promoting the Rule of Law. The promotion and protection of the principles of the rule of law are also part of our aims and object. But for too long the NBA has yielded its position as the conscience of the Nigerian society and the bulwark against tyranny and injustice in Nigeria. Things are so bad that even lawyers themselves who are supposed to be the defenders of the rule of law and the society are now victims of the harassment and abuse by security forces.

As long as the Bar fails to carry out this sacred duty, we would continue to dash the hopes of the millions of Nigerians who look up to us to fight injustice, condemn unpopular government policies and check abuse of power. Under an Olumide Akpata NBA Presidency, the voice of the NBA will be heard in respect of the policies and actions of government. Our position must be unequivocal in defence of the supremacy of the constitution, the sanctity of the rule of law, the independence of the judiciary and the need for respect of judgments and orders of courts at all times.

Nigerian judiciary is perceived as corrupt due to judgments that do not meet the expectations of Nigerians. This is worsened by the conflicting decisions of courts. What do you think about the mode of recruiting judicial officers?

Over the years, the Bench has been flooded with a lot of people who should not be there. Competence has largely been thrown out of the process and many judges have been appointed on the basis of relationships. This must stop. We have judges who have knowledge and/or character deficiencies, and this erodes public confidence in the judiciary. The processes for recruiting and appointing judicial officers must be objective and transparent and it must be founded on competence. If the members find me worthy to occupy the office of President of the NBA, I will use that high office to liaise with the National Judicial Council and the State Judicial Service Commissions to ensure that appointments of judicial officers to the superior and inferior courts are objective and transparent. The NBA whose members are appointed to the bench must play a major role in ensuring that only the very best end up on the bench. This is the only way we can restore the dignity of that noble office.

Before we end, let us step away from the law for a bit. What type of music do you like? What books interest you?

For music, honestly, I like it all. From Van Halen to Victor Uwaifo. I love music, I love to party and love to dance. It’s really a function of what I hear and how I feel. Phil Collins, Barry White, Luciano Pavarotti, MajekFashek, Lucky Dube, Julio Iglesias, Anita Baker. The list goes on. For books, I read more biographies. I enjoyed Femi Okunnu’s biography and the story of the march from Ibadan to Lagos to protest the defense pact with the United Kingdom was very inspiring.

We need a Bar where every lawyer feels welcome, has a voice and and can aspire to any heights without limitation or discrimination regardless of their practice area. This is part of my pledge and I will ensure that it happens.