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In this edition, Ifeoma Utah, General Manager, Commercial Legal, MTN Nigeria, speaks to BusinessDay Law Editor, THEODORA KIO-LAWSON, about in-house legal services, investments in Nigeria, training for Nigerian lawyers, and the need for Nigeria to walk its talk. EXCERPTS…
Licensed to practice law in Nigeria and the state of New York, with a Masters degree in international transactions, Ifeoma Utah who heads a 22-man in-house team at MTN, begins her interview speaking about the difference between legal practice in Nigeria and the United States of America.
She said, “Legal Practice in the US is very competitive, and playing in a male dominated field, not only as a black but as a black female, meant you had to put in the work.
How did your legal training in Nigeria support the work you did in the US?
“Law School in Nigeria was mostly theoretical. All you had to do was memorize and reproduce all you have been taught, whereas in the US, learning the law is a hands-on experience. It opens you to the practical aspect of the law and I learned a lot from my experiences over there. I had to obtain a second degree in law, before going on to do a Masters,” she said.
As the interview progresses, Utah speaks of her decision to go in-house: “I found my inspiration to study law from reading books (which I loved to do a lot) and from the movies. I was enthused by the way lawyers engaged. However, on getting to law school, taking the courses; moving on to court attachment and law firm attachment, I realised early that litigation wasn’t going to be my thing.
During all of this process it was easy to see that I had a commercial and transactional mindset to the practice of law and so found myself tilting towards corporate commercial law.
With the utmost respect to litigation, I simply considered courtroom practice a total waste of my time.
I had at this time begun setting specific goals for myself and I envisioned that I would like to be a significant part of the growth of businesses.
I wanted to be a part of a process that helped them accomplish their set goals and become better. It is for this reason I towed the line of corporate commercial and transactional law. Helping businesses wade through legal and regulatory challenges to be become stronger and better has become the core of what I do. I am passionate about this and being successful at it, makes me extremely happy.
How has the legal team at MTN supported and steered the organisation away from some of its deepest regulatory crises in Nigeria to keep the business at the top?
A strong institution with a sustainable business structure will survive all eventualities. However, as in-house legal team, our approach is to offer risk-based legal services.
This entails us analyzing the company’s risks – both inherent and residual. We also evaluate the risk appetite of the institution before taking mitigating steps – planning for all possible eventualities. We work towards building in elements that keep the organisation going, regardless of what challenges it faces.
The team’s Commitment
Other than the business structure, there’s also the element of commitment. Members of the legal and regulatory team at MTN are very passionate about the work they do. We work closely with other divisions of the business to ensure the business is on the right path.
We consider ourselves business enablers and facilitators who should not only give legal advice but must contribute to the growth of the business. So, while we are mindful and advice against certain decisions or efforts that could pose legal and regulatory challenges to the business, we also ensure that we proffer efficient alternatives to these legal solutions. We take time to understand and evaluate the legal and regulatory needs of each of the divisions and how best to support them.
We also see ourselves as gatekeepers who protect the business from taking steps or initiatives that could get it into trouble and send it down. So we study bills and regulations within the jurisdiction, to see how it can potentially affect our business.
A good example is the new Federal Competition Act, which we have studied and currently in the process of carrying out a competition audit of our business to see areas where we are most exposed and to take proactive steps to protect ourselves. We do not intend to wait to get a letter from the Federal Competition & Consumer Protection Commission (FCCPC).
Do you consider the business environment in Nigeria an investment friendly one?
All I can say is that, we do not walk our talk in Nigeria. We need to begin to do this. We say we are trying to attract Foreign Direct Investments (FDIs) into the country but we fail to see that those we hope to attract are sophisticated investors, who own businesses in other parts of the world.
They have worked hard to earn money and will do all they can to protect their investments. They do not throw money around and so they want to see systems and processes in place that guarantee the protection of their investments.
Are there grave issues with the protection of investments in Nigeria?
In these parts, investors are having to deal with not only obsolete laws, but also draconian laws. Institutions and regulatory bodies are also bugged down with bureaucratic shortfalls, whereas, in several parts of the western world, public institutions are just as efficient as the private sector.
In Nigeria, government institutions need to be more committed to seeing businesses and investments grow and thrive in the country. The first contact and experiences most investors have upon arrival are with government agencies and we must begin to pay attention to the efficiency of our processes and ensure that we have a disciplined environment for businesses to thrive. To encourage FDI flow into the country, we must walk our talk as a nation.
Unlike many others, I do not think it is a lost cause. We have good examples of situations where Nigerian stood up to be counted and they were counted. All over the world, Nigerians who work in both private and public sectors in various countries have been recognised as diligent, efficient and consistent – be it in some of the greatest healthcare institutions in the world or in government institutions in other parts of the world. We are brilliant and hardworking people. We just need to bring that to bear in our own jurisdiction. Let us be our efficient selves right here in our own land. I believe in the Nigerian dream but I also believe that it would take everyone of us (the people) to make it happen.
MTN Collaboration with the Nigerian Bar Association (NBA) and the focus on the young lawyer
The Youth is the future. The older ones are set in their ways, and so for any sort of development, we think it’s best to begin with those who are still impressionable and whose mindsets are still malleable. That way, we can guide them towards defining and charting good courses for themselves.
There are people who mentored me, deposited knowledge and contributed to my growth and success today and it is important for me and the team here to give back to the profession; and what better organisation to do this with but the umbrella body of all lawyers in Nigeria – i.e. The Nigerian Bar Association (NBA).
