The final day of the 2023 Annual Conference of the Nigerian Bar Association’s Section on Business Law (NBA-SBL) in Lagos saw a flurry of both Breakout and Plenary Sessions devoted to some of the most salient issues engaging the minds and professional preoccupations of the legal ecosystem in the country today.
NEWSWIRE Law & Events Magazine’s correspondent at the Conference reports that the first of these sessions examined the rise of the Nigerian creative industry with the aid of artificial intelligence (AI) and other digital enablers, the industry’s ability to navigate as well as influence the regulatory environment in a manner that recognises and rewards creators, and the feasibility (or otherwise) of harmonizing regulation across jurisdictions.
Moderated by Paul Okeugo , Founder and President of Chocolate City, the panel comprised of Christian Aniukwu , Partner at Stren & Blan ; Mrs. Lynda Alphaeus , a Director at the Nigerian copyright commission (NCC); Akin Agunbiade , an Associate at the law firm of Aelex; and the internationally renowned singer/songwriter M. I. (whose real name, of course) is Jude Abaga , currenly the CEO at Incredible Music, a record label. Unavoidably absent at the session was Mena Ajakpovi , Partner at the law firm of Udo Udoma & Belo-Osagie.
Arguably the second-largest employer of labour in Nigeria today, the exponential growth of the creative industry has the enormous potential to transform the country’s economy – especially in its digital manifestation and its ability to scale up its value chain in a global market. With this growth, however, has come a great deal of concern among stakeholders on issues such as data privacy; intellectual property (IP) management; copyright violations; and ownership of AI-generated content, etc.
NEWSWIRE Magazine correspondent reports that in the course of interrogating these and related issues, the panelists made a number of insightful observations, such as:
- the need to recognize that creative expression is a fundamental human right (of free speech, etc ) and to craft the regulatory environment and enforcement mechanism accordingly;
- the number of Nollywood movies, in particular, so far produced in Nigeria in 2023 (280) speaks to two things – according to Aelex’s Agunbiade: one, the light and sensible regulatory approach being employed by NITDA (the National Information Technology Development Agency) in its bid to balance ethical standards with the promotion of innovation; and two, the need on the part of relevant stakeholders to invest in infrastructure that encourages the development of the industry beyond the confines of Lagos, Abuja, Port Harcourt and Onitsha (where the bulk of these movies are shot and produced);
- the need to rejig legal instruments such as the Nigerian Copyright Law, the Creative Industry Act and the Nigeria Startup Act to make provisions for digital innovations in a manner that leaves no ambiguity as to the distinction between human interference and AI-generated content; and
- the need to prevent the appropriation of content from creators from disadvantaged backgrounds by industry players in the advanced world.
As society evolves, the panelists agreed, the law must evolve alongside – and that holds for the creative indistry as it strives to maximize the opportunities (and minimize the risks) of the 21st global digital marketplace.
The second Breakout Session examined the growth of ADR as a viable mechanism in nigerian and International jurisprudence – especially in relation to commercial transactions – and the feasibility or otherwise of a Nigeria- (or Africa-) based arbitration hub – in these times when intra-African integration and efforts to deepen the impact of such instruments as AfCFTA (the African Continental Free Trade Agreement) are gaining greater traction by the day.
The panel convened to examine this issue was moderated by the President of the Lagos Court of Arbitration , Prof. Wole Olawoyin, SAN, who was joined by a panel comprising two other SANs, namely, Chukwuka Ikwuazom , a Partner at Aluko & Oyebode; and Mazi Afam Osigwe , Managing Partner at Law Forte. Also on the panel were the only female, Mrs. Folashade Alli , Principal Partner at Folashade Alli & Associates; and Jide Adesokan , a Partner at Stephenson Harwood (who participated virtually).
NEWSWIRE Magazine’s correspondent at the confab reports that apart from the question of whether the focus of ADR management in Nigeria should prioritize the country’s strategic interests, or simply focus on ensuring an efficient ADR framework across the board, of particular interest to the panelists was the need to establish – and gain global recognition for – an Africa-centric arbitration centre (preferably based in Lagos, Nigeria) to cater for African commercial disputes, as opposed to the current practice of exporting such processes to non-African jurisdictions.
Whatever the location of a given ADR seat, however, the panelists recognised the inescapable value of a strong, independent and ethical national judicial system, one that inspires confidence among both its citizens and international investors. In the words of Adesokan in particular, that in fact is the best argument for having an arbitral hub. He noted that NONE of the BRICS nations (ie Brazil, Russia, India, China & S/Africa) is an arbitral hub, but thanks to their strong judiciaries and favourable ease of doing business profiles, among other factors, they have done quite well in attracting foreign investments. Other factors that aid investment, he added, are the general reputation of the nation of the arbitral seat as far as the ease of enforcing arbitral fees, and the integrity of the arbitral processes, are concerned.
On these and other matters, Mrs. Alli argued that Nigeria still has a way to go, but that such measures as the establishment of an Award Review Panel (ART) and the promulgation of the 2023 Arbitration & Mediation Act, are set to bridge any gaps militating against Nigeria’s ability to maximize the ADR option.
On their parts, both SANs, Messrs Ikwuazom and Osigwe, endorsed the efforts articulated by Mrs. Alli, even as they also shared the concerns of Dr. Agbakoba and Mr. Adesokan on the need to bring the nation’s judicial system up to par with the needs of ADR, and to banish the present system which gives ADR no particular advantage over litigation in the resolution of disputes as far as relative costs and speed of implementation, etc are concerned.
In conclusion, the panelists all endorsed the idea of an Africa-centered arbitral centre in which countries on the continent can enrol. First, though, they said, the country’s judicial architecture needs to be overhaul to make it fit for purpose (puropse here being to serve as a magnet for greater foreign and local investment in the country’s economy).
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