African legal luminaries under the African Bar Associations (AfBA) have formed a formidable group with huge inspirations from the International Bar Conferences in Harare Zimbabwe in 2015. Now, the body which was strengthened after the Abuja 2016 council meeting tested their force with their successful interventions in the Gambia and Burundi crises. AfBA came to Port Harcourt, Rivers State, last week and resolved to pursue their new-found strength towards rescuing the continent in the economic front by using legal frameworks to create better business environments.
The charge was led by a non-lawyer, a solder, economist and statesman, the immediate past president of Tanzania, Jakaya Kikwete, who examined and dissected the prospects of legal/regulatory framework for doing business in Africa.
The tone was set by the alternate chairman of the local organising committee, Ibrahim Eddy Mark, who assured the lawyers of adequate provisions for their safety, security, and discuss all through the week. He said working with the state governor, the barrister as chief host, Nyesom Wike, it was clear that there would be no second-hand standards. With governor of Sokoto and other top state government functionaries in attendance, the LOC boss said the 20 sessions were lined up for speakers drawn from Africa, Europe, America and the Caribbean.
African leaders must create jobs and economic prosperity – Wike
Governor Nyesom Wike declared the conference open and stated that the great task before African leaders was to provide the enabling fiscal and regulatory environment for the private sector to create jobs and provide economic prosperity and security for the people.
“The upswing of stable democratic governments and appreciable investments in development infrastructure has contributed in no small measure to positively change the continent’s economic narratives.”
He said despite being weakened by the global recession, reports affirm Africa’s positive economic outlook as one of the world’s most attractive frontiers for trade and investments.
The governor informed the African Lawyers that Rivers State has been repositioned as Nigeria’s investment destination. “I have not increased taxes, levies but we rather blocked multiple taxes. Investors no longer have to go through intricate processes to set up in Rivers State. We have tackled insecurity such that everywhere is safe; businesses, homes and communities,” he said.
We stand to achieve economic and social objectives – Joseph Dauda, chairman, Nigerian Forum
Governor Wike is a strong pillar of the Bar, his financial support is unquantifiable. AfBA stands for uplifting of Africa and we stand to achieve economic and social objectives. We need to be in the forefront of directing the welfare of citizens. Africa faces a myriad of problems: human trafficking, cross border crime and bad governance, misuse of security personnel against the citizens and bastardisation of judicial officers.
Where are the African lawyers? Let the local Bar associations call the African Bar to help them. Instead, we see rivalry and envy amongst groups. There should be no basis for bickering. There must be respect for people’s right of association. For Africa to succeed, cooperation is highly needed.
Make court judgments binding and enforceable – Hannibal Uwaifo, president, African Bar Association
AfBA should fight this and liaise with the African Union (AU) and the United Nations (UN) to fight against disobedience of court judgments. Problem of Africa must be solved by Africa; thus the theme is very apt: ‘Dissecting the Legal/Regulatory Framework for Doing Business in Africa’. Robust dialogue will lead to better deals to our people.
AfBA has called on France to intervene in the Cameroon situation before it gets out of hand. Port Harcourt is a safe and beautiful city, please enjoy it. This is a city of milk and honey.
AfBA tested strength with Gambia, Burundi
Uwaifo further observed that the AfBA has grown steadily since the Harare International Conference of 2015 and this council was elected at the Abuja council meeting in 2016.
“It was the collective brainstorming that mandated the AfBA to intervene in the crisis in Gambia (Yayah Jameh and Adama Barrow) and Burundi. Our recommendation is what resolved the Gambian crisis while our fact-finding mission to Burundi exposed the western media posturing. Africa discovered how Africa is often maligned by major actors in the West. We resolved the problems.
“The story of Port Harcourt is unique. The milk and honey of the nation, Garden City, has had its challenges but continues to thrive. Port Harcourt enjoys a high volume of economic activities that attracts a healthy admixture of cultures from within and outside Nigeria. Port Harcourt is thus a perfect host of the AFBA Conference,” he said.
“The guest speaker (Kikwete of Tanzania) is a great son of Africa. Listen to him so we can together bring glory to Africa. Do not forget what brought this continent to this sorry state. With very weak institutions, rampant corruption, impunity, red-tapism, uncoordinated immigration and customs rules, and the very many self-inflicted blockades that hamper free movement of human and material resources, and people and human rights abuses, to state a few. Africa fails to enforce women, children and minority rights where 90 per cent of its citizens wallow in abject poverty while the rules and economic saboteurs live in opulence. There are no good roads, and plans for future.
“Our legal system which should be the bedrock of investments confidence is not unaffected by the malaise of corruption and other inefficiencies that have permeated the lawyers society. The legal profession is in crisis and we need urgent solutions. Lawyers engage in unethical and unprofessional practices. We need to do a better job of policing ourselves so we can properly lay claim to the true creeds of this esteemed profession. The AfBA pledges to be a clear leader in this regard,” he further observed.
France must save Cameroon, now
Uwaifo continued: “I will not end this address without mentioning the human rights abuses being perpetrated by the Cameroonian government against the people of Southern Cameroon which has been under siege because the people protested against breaches bilingual rights. Many civilians have been brutalized and killed on this account. In fact, the vice president of AfBA, Felix Nkongho, who is also president of English Speaking lawyers, was tricked into a negotiation meeting and abducted and thrown into jail to this day.
“The government of Cameroon has so far refused to accept peaceful end to its irresponsible acts of intimidation and oppression. Once again, we appeal to President Paul Biya to act wisely, responsibly and in the interest of all the citizens of Cameroon. Chairman of Council, Joseph Dauda, has propelled the AfBA to great heights and remains a tireless force in offering his personal resources to the association.”
Aminu Tanbuwal, Sokoto State governor
In his good will message, Aminu Tambuwal, Sokoto State governor, said: “Africa must continue to believe in her people and strive to live in peace. Key objective must be to promote development in Africa and for Africa to develop Africa. We have our share of challenges but they are not insurmountable. AFBA played a critical role in stopping Gambia crisis in the last elections. Let the AfBA work together to repair image of Africa and project Africa as a continent of peace.”
Why is Africa still poor? – Jakaya Kikwete, Tanzania ex-president
By 2050, Africa would be 2.4 billion people and 20 percent of this would be young people of 15 to 24 years. Africa presents a huge market and workforce with 60 percent of uncultivated land. It is the future of humanity. There is much unutilised land. Our people ought to be wealthy and healthy, but we are still the least developed continent, with many below poverty line. Africa has 20 of the 27 poorest countries of the world, and 50 per cent of Africa states are poor.
Colonialism no more an excuse
There is the excuse of colonialism (colonial exploitation) which turned African economies into feeder economies to European economies; example; all railway lines lead to the coast for export of agric produce to Europe and import of finished goods but not for integration of ethnic communities or their economies. Nothing has changed economically for Africa despite independence. Blaming colonialism 50 years after is no more fashionable, we bear part of the blame for not doing much to transform our economies.
There is urgent need for a new African economic order; abundant natural resources are not enough. Some African countries have been pursuing economic reforms since 1990 but only one made it to top 50 in ease of doing business rating. Good business environment is sin qua non to investment, business boom and development.
Invest, invest, invest again
“If you don’t invest, you stagnate, except others will have to give you food to eat, cloth and everything. If we can’t attract investments in our various economies, we cannot develop or exploit the abundant resources. They will be dead capital. Africa continues to get the smallest share of Foreign Direct Investment (FDI) of $59Bn; Asia $443Bn, EU $1 trillion. Not much is coming to Africa and the little that comes is to extract natural resources. That is why Africa’s development is very slow; that is why poverty is high,” he said.
According to him, “Africa must prioritise investment policies and ease of doing business; tackle its weak base that lacks access to credit and mentorship in entrepreneurship; else, African countries will remain backward and will lead to social tension and instability. Julius Nyerere called it economic colonization which will lead to political and social crisis in the future. There is need to reform. Yes, some African countries are trying; South Africa, Kenya, etc are reforming; 37 out of the 54 African countries have adopted reforms.”
Africa, not viewed favourably by investors
He further observed that “Africa must move to an excellent position in order to attract investment. Africa must realise that it is not viewed favourably by investors; now, terrorism has joined to stifle Africa’s investment climate. The image conflict is that a problem in one African country is punished on all the others; eg Ebola scare.”
Solutions
Resolve the issues and move Africa up on ease of doing business ranking. Take action now. As president, I used to read the rating reports and cause action to be taken. I would call the ministers but they would tell me, oh, other people are jealous of us. Everybody is defensive. I convened a stakeholders’ summit and ordered where things should be fixed. Though I left in 2015, but we have moved from 139 to 137, clear seven steps better.
Tanzania will move up if the president continues doing the right thing.
Investment is the oxygen of an economy, else, retrogression
So, let it be continuous objective because there is no option. Assist the local to grow, encourage the foreign to come. Help in skills, access to funds, mentorship, good governance, stability at all times, investment policies designed to equity, don’t shortchange anybody.
I have spoken as an economist and a soldier; I leave the laws to you lawyers.
Egyptian delegate:
I am intoxicated by the hospitality of our Africans. Tracing the solution to ethics and morals makes me proud to be an African. What keeps us going is the strength of the civil society. I see AfBA as leading the civil society, I see Africa Rising.
NBA sec-general:
Create synergy among African lawyers for progress. Wike is always ready, willing and able to support the Bar any time he is called upon.
VP: international Criminal Association:
Enemies of Africa are Poverty and Disease. Targeting business improvement is good theme, African integration is the focus.
Ignatius Chukwu
