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‘Briefs not determined by competence but relationship’

By YETUNDE AYOBAMI OJO.
27 October 2015   |   3:37 am
The need to develop a judiciary that supports investment and develops human capital and critical infrastructure is very imperative. It will help to close the gap and ensure new laws that will help people cope with challenges of globalisation. A Lagos-based lawyer, Oluwole Kehinde, speaks on how obsolete laws impede development among other issues in…

Oluwole KehindeThe need to develop a judiciary that supports investment and develops human capital and critical infrastructure is very imperative. It will help to close the gap and ensure new laws that will help people cope with challenges of globalisation. A Lagos-based lawyer, Oluwole Kehinde, speaks on how obsolete laws impede development among other issues in this interview with YETUNDE AYOBAMI OJO.

What is your reaction to the way and manner ministerial nominees are been screened by the Senate?
Basically, what I can see from the screening exercise is that it is just business as usual. I do not expect them to embarrass anybody but I expected that they would have ask questions that will really deal with specific issues that need to be addressed. Most of the questions seem to be directed at issues on which the nominees have prepared their mind to talk on. I am not in any way saying that that has anything to do with the character and the competency of any of candidates but I felt that the nature of some the questions asked were answered in affirmation rather than denial. You don’t expect anybody to tell you, he is not going to work for the progress of Nigeria or is not going to cooperate with the president and other ministers. They ought to ask them question that will really tackle the issues that are on ground and are really challenging the nation. So when they asked them questions and the nominees goes on with what they have done in the past and what they do presently, I don’t think there is anything difference in the usual approach.

As a legal practitioner, how do you think Nigerian lawyers can elevate their skills to cope with the challenges of globalized profession?
This has to do with professional development. It is very fundamental.  Also, the profession and economy must provide enabling environment. I have been involved in conferences and fora where issues like this were discussed and you find out in most cases, that the economy itself does not support the participation of the local professionals beyond particular limit because most of the clients involved are foreigners. In most cases, along with their investment, they come with their lawyers. And at the end of the day in most cases, you find out that what Nigeria lawyers do is to use or act as agent to some of these foreign lawyers. Which means that, their fees and other levels of engagement are determine by those other lawyers. But then, even if they want to engage Nigeria lawyers, there is need for them to prepare ahead to be able to meet the task of the job to be engaged upon, so they will be able to discharge it effectively. Lawyers need to prepare themselves to go beyond the traditional lawyers we use to be so that when briefs come, we would be able to meet up with the challenges they pose. Another problem I think is our traditional set up. Whether you like it or not, most briefs are not determined by the competency of the lawyers but by relationship. People just feel that the job should be given to a particular set of people because they are close to them. So, some of these are issues to be dealt with. But like I said, you need to be prepared to face the challenges in areas such as Communication, Oil and Gas and some other similar areas. For instance I attended a conference, I found out that they are already dealing with factual currency, which has more to do with non-bank currency. It means dealing with currencies and transactions that physical money is not involved.  If you look at it, these are areas that are developing more advanced economies such as the United State and European countries. The development has not started in Nigeria. So you find out that for us to even say we are dealing with such issues does not arise at all. The level of the development of our economy is also a challenge on the degree of involvement that a lawyer can have with regards to some of growing area. Recently our Evidence Act was amended to meet the need of electronic evidence and these are the things that have been going on in developed countries for years. We are coming up with technology law now, but where is the technology? The people bringing it come with their lawyers, so certainly, you have few hands in such specialized area. The economy itself has not captured some of those area. Notwithstanding, I think primarily, we need to groom ourselves in the expectation that when the obligations come, we will be able to meet up with them.

Lots of people are of the opinion that some of our laws impede development. What is your position?
I just mention the issue of electronic evidence for instance, that was not allowed under the old Evidence Act. When transactions are carried out electronically, and you have difficulty in proofing transactions that you’ ve carried out electronically, it will in one way or the other affect business transactions. People have been talking about Land Use Act for instance, that it creates a lot of bottlenecks for land transaction. Even though the intendment was to create proper land security of titles for land owners, at the end of the day you find out that the clog put along the wheel, especially by government affects land transaction. Let us look at the building regulations and Town Planning Laws. Lagos state now by their building regulations, you must have title. Meanwhile it may take you up to three years if you buy land to be modest, to get Certificate of Occupancy (C of O) and there are some cases that the money you take to process the CofO is enough to erect a self-contain house. So, when you look at those things, a lot of people ignore the law and go ahead. The level of default is higher than before. So there are so many properties today that do not have building plan because the requirements government put in place to achieve that cannot be undertaking by them. Well, the law is there, you expect that government will make a distinction between commercial structure, land scale building and small family houses for cottage buildings. But they just have a blanket law there and apply it to everybody. You’ll see that the way they apply the law, the thing has boomeranged.

And what they intend to achieve, they are far from achieving them. The rate of default is higher and there are lots of breaches. Take traffic control, for instance, how is the law been operated?

What is your reaction on the late appointment of the Attorney General of the Federation?
So many people have spoken, but I think it is just like any other minister’s office. There are certain approvals by law that are supposed to be giving by ministers. May be Oil lease licences by the Minister of Petroleum. Then the Attorney General of the Federation too. I don’t think is in the interest of the country to have it delayed for so long.

How do you think the government should tackle the proliferation of small arms in the country?
I don’t know what they are doing about it, but I think the problem of small arms is a reflection of the social disequilibrium in the society. Sometime ago, I was discussing with a client who said his son was involved in a street fight. Along the line, policemen came. They wanted to arrest the boy, the boy ran away. The man confessed that his boy was a member of a cult group and he said on many occasions when they want to arrest the boy, the boy will get wind of it. He gets hint from who? From some members of the cult who are in the police force. You see the situation! The informant are telling them they are coming to arrest them‎ and the boy will run away. At the end of the day, they caught up the boy and arrested him that was when he narrated the story. I said socio disequilibrium because you find out that network has broken down. In some cases, when you call policemen to respond they will not. May be because they don’t have requisite equipment, weapon to tackle them or there is somebody somewhere who has interest in what they are doing and then they withdraw. Then again, the ignoble role of politicians. The boys are engage by politicians to support their base. Government should adopt a holistic approach in dealing with it. They have to tackle it by beaming searchlight on the security men, politicians and schools.

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