For most Nigerian Female Lawyers, it is a tortuous journey to the peak of the legal profession. In spite of these challenges, Mrs Olabisi Soyebo surmounted all to become the first female Senior Advocate of Nigeria from the North in 2008. She told Onikepo Braithwaite and Jude Igbanoi in chat last weekend, about her journey to the peak of her career as a legal practitioner, her deep seated concerns over the worsening economic situation in Nigeria, and the unprecedented mass exodus of Nigerian youths and professionals to greener pastures
You were elevated to the rank of Senior Advocate in 2008, the eighth woman to be elevated, the first from the Northern Zone and possibly the first from a younger age bracket. Tell us about your journey to elevation. Almost 50 years since the establishment of the rank, there are still less than 30 female Senior Advocates; what do you think is the reason for this? Is it discrimination against women? The world watched in bewilderment when the National Assembly shamelessly refused to pass gender based Bills before it unapologetically. This seems to have set the advocacy for gender rights backward. What is the way out? What would be your recommendation to the Presidential candidates with regard to inclusiveness and gender parity, as Kwara and Ekiti State have done?
My journey was a fairly traditional one. It started sometime after graduating from secondary school, Federal Government Girls College, Bakori in present Katsina State, when I was contemplating possible career choices, and my brother Jide suggested law as an option. With the encouragement of my parents, after my A Levels, I proceeded to the College of St Elizabeth, New Jersey in the United States in 1982 with the intention of studying Pre-Law for two years before proceeding to obtain my JD in an American university. However, after nearly two years at the College of St Elizabeth, my guidance counsellor, after reviewing my course credits noted that I only needed to take an extra year of course credits to obtain a full first degree in the social sciences, and that’s how I ended up with a BA in Sociology after three years of study, as opposed to the usual four academic years. Still yearning to study law, I proceeded to the University of Buckingham in the United Kingdom, from where I graduated with an LLB(Hons) in 1987.
I returned to Nigeria and was called to the Nigerian Bar in 1988. My NYSC posting was to Kaduna State, with my primary place of assignment being the law firm of Messrs Abdullahi Ibrahim & Co. Indeed, I have been in active legal practice with Messrs Abdullahi Ibrahim & Co to date.
Interestingly, when I first joined Abdullahi Ibrahim & Co, I’d indicated a preference for commercial solicitors work; but soon after, under the invaluable tutelage of our founder, Alhaji Abdullahi Ibrahim CON, SAN (of blessed memory), I found myself immersed in active litigation practice and realised it was an aspect of the practice of law which I really enjoyed, despite the usual challenges and frustrations. I haven’t looked back since.
After many years of dedication to the practice of law, I was encouraged by those around me to put in my application for conferment with the rank of Senior Advocate of Nigeria. I did so, and to the glory of God, I was privileged to be conferred with the rank in 2008. It was upon conferment that my attention was drawn to the fact that, apart from being the eighth woman elevated to the rank, I was also the first female Senior Advocate of Nigeria from the Northern Region. There is no doubt that, there is a disparity in the number of male and female Senior Advocates. I believe the reason for the dearth of female Senior Advocates may, in part, derive from the career choices being made. As while we qualify in higher numbers than our male counterparts, a high percentage of women leave the profession entirely within a few years of qualification, or they leave to different work environments. Each leaves with a story, and underlying these stories are most times efforts to achieve equality in the workplace or a good work-life balance.
It is certain that a career in active legal practice, can practically take over your life as a litigator. It is a profession that can easily consume all your working hours, and once you start a family, it can become tricky, especially in a traditional working environment where presenteeism reigns and flexibility is limited. From personal experience you do experience some guilt and struggles as you juggle pursuing a career and family life, especially in the early years when starting a family.
Furthermore, even though there are more women entering the legal profession than men, there is also no doubt that the issues of inequality and discrimination still arise in the workplace, and the legal profession is definitely no stranger to such. It can be covert, but it is still there. Luckily, some progress has been made, not only in the legal profession, but in the society at large. However, we still have a long way to go.
I have been extremely fortunate as a female in the legal profession. As a young practitioner, I had a boss (Alhaji Abdullahi Ibrahim CON, SAN) who treated all counsel in chambers equally; and, regardless of gender, assigned the same tasks across board. That was perfect mentorship! He instilled in me, amongst many other things, the importance of hard work, professional integrity and confidence. I learnt, I grew, and here I am today. I must add that, I also had supportive colleagues.
The distressing refusal of the National Assembly of the Federal Republic of Nigeria to pass the gender based Bills presented before it, has indeed, taken gender rights many steps backwards. However, we must call it out. It is unacceptable. Women must remain undaunted, and must continue to speak up and use their voices and influence to demand for real change. We must not allow ourselves to be stereotyped or held back by stereotypes, and we must support other women and celebrate each other’s successes. More importantly, in the instance, we also need law makers who are deeply knowledgeable, visionary, far sighted, courageous and committed. Finally, we need more men generally to care about this issue as much as many women do – everyone must be at the table.
Our presidential candidates for the 2023 elections, must champion true equality in their proposed policies and appointments. Nigerian women possess leadership skills, which the nation needs for the drive to prosperity. But, to harness this, they must be given the opportunity to use the best of their abilities, and all must come to recognise that diverse voices at the table ensures better outcomes. Real measures and actions need to be taken, to promote the empowerment of women.
You specialise in commercial litigation and arbitration. How has the slow pace of litigation affected your commercial practice? Has it fostered the development of arbitration in Nigeria? What can be done to ingrain arbitration in Nigeria?
One of the challenges affecting Lawyers in practice, is certainly the slow pace of the judicial process. However, I must be quick to say that this view is shared globally, except that the degree of delay has been found to be graver in certain jurisdictions. Interestingly, a lot has changed in my years of practice. With commercial parties becoming more aware of the availability of arbitration and other alternative dispute resolution processes to resolve their disputes, the trend is now for more agreements executed by parties to contain arbitration clauses. Consequently, this drift piqued my interest in arbitration, leading me to obtaining a Diploma in International Arbitration, and I have been a Fellow of the Chartered Institute of Arbitrators (UK) since 2014. I started out by acting as a Registrar to arbitral panels, and over the course of time, going on to now sit as an Arbitrator both internationally and locally. Acting as an Arbitrator has been very fulfilling, and I am sure my practice experience has been an extra bonus in enriching it.
To fully ingrain arbitration in Nigeria, it is important that the parties and practitioners alike, must be confident that the gains of arbitration are available to them, such as speedier resolution of their disputes, confidentiality of the process, finality and enforceability of arbitral awards, support of the arbitral process by the national courts and current legislation that meets the new developments in the industry, to mention a few. Fortunately, our legislature has now passed a new Arbitration and Mediation Bill which is awaiting the assent of the President, and which will replace the Arbitration and Conciliation Act 1988 which had been long overdue for amendments to meet the current dictates of the time. Finally, we must continue to raise awareness of Nigeria as an arbitral seat/arbitration hub, where arbitral disputes can be effectively resolved.
During President Jonathan’s tenure, a Sovereign Wealth Fund of $1 billon was established. You were listed as a member of the Committee to administer the fund. Kindly, shed some light on what that initiative achieved, and how it impacted on the economy?
In 2011, the Nigerian Sovereign Investment Authority (Establishment) Act came into force. It established the Nigerian Sovereign Investment Authority (NSIA) with the mandate to make investments through three distinct funds namely, the Future Generation Fund, the Nigeria Infrastructure Fund and the Stabilisation Fund. The aim was to build a savings base for future generations of Nigerians, enhance the development of infrastructure locally, and promote fiscal stability for the country in times of economic stress respectively, for the benefit of Nigerians and future generations. I was a member of the inaugural Board of Directors from 2012-2015. The NSIA at the time, immediately resolved to apportion the available funds to each of the Future Generation Fund, the Nigeria Investment Fund and the Stabilisation Fund to kick start the laudable program.
Despite all the political distractions, the NSIA was immediately able to keep its focus and make considerable progress with respect to the capital allocation of the seed funding of $1 billion with recorded returns in investments on each of the Future Generation Fund and the Stabilisation Fund. Capital commitments were also made to the Nigeria Infrastructure Fund in areas such as the agricultural sector, and progress was made with the flagging-off of the Second Niger Bridge project by the then President in March 2014. The Infrastructure Fund also invested in the Nigeria Mortgage Refinance Company, in efforts to stimulate the development of the local mortgage industry, as well as initiated the development of sophisticated diagnostic centres in the six geopolitical zones of the country. A lot of commendation must be given to the then Minister of Finance, Dr Ngozi Okonjo-Iweala, for supporting and indeed, shielding the NSIA from a lot of the politics in the national field of play at the time. The NSIA has grown into one of the best governed Sovereign Wealth Funds (SWF), with it being the highest ranked SWF in Africa.
I believe that if the NSIA is allowed to function independently, not exposed to any politics of the day, and is properly funded in accordance with the law setting it up, it would indeed, flourish, and rise to be counted amongst the first tier SWFs. We must always remember that our SWF is for our own benefit, and that of the Nigerian children yet unborn.
The Covid-19 pandemic visited untold hardship on Nigerian Lawyers. Along with the JUSUN Strike and #EndSARS, many Lawyers took to menial jobs to survive, including Uber driving. As a Senior Advocate, what did you learn from this, especially from the perspective of your Juniors in chambers?
The Covid-19 Pandemic was indeed, an eye opener. It was truly distressing, to learn that Lawyers had to resort to such jobs to survive. As a learning experience, it has shown that the legal profession must grow to where we can support one another. I do know that we must come together, and build a strong and virile NBA that can support its members in challenging times. It is noted that the NBA presently has an initiative cum insurance scheme in place, and we hope to see it fully at work. The pandemic has also shown that the profession must not be too rigid – we must now be able to take full advantage of technology, with, for example, the advent of virtual proceedings in courts, and this must also filter down to the law firms with more mobile working policies.
I must acknowledge my juniors in chambers who appreciated that even through the lockdown and ‘downturn’, the chambers was still able to meet its commitments to each of them, despite the challenges being faced by some of their colleagues and even in the profession.
There are complaints that the quality of some of the Lawyers who are elevated to the Bench is not the best, and it has been a cause for concern for several years, given the crucial role of the Judiciary in society. You were once a member of the NBA Screening Committee to recommend Lawyers for the Federal High Court Bench. From that experience, what would be your recommendations towards reforming the process, to ensure that it is only the brightest and the best that are elevated to the Bench?
This is an issue that has attracted some attention in recent times, as we cannot close our eyes to the fact that this selection process has far reaching effects forming the foundation of subsequent elevation to the appellate courts. Therefore, the process for the appointment to the High Court Bench must be based on merit, and must be character-driven. I believe the yardsticks are already there, such as knowledge of the law, hard work, integrity, courage, previous antecedents etc. However, the question borders on the application of the established criteria. The process must be transparent, and politicians must not be allowed to manipulate the process. We must not go back to the times when the outcry against appointments made was so loud, even the Justice Reform Project (JRP), a group made up of senior Lawyers, was constrained to challenge the appointments in court.
The Judiciary can only be effective when it has endeared the confidence of the public as the last hope of the common man, by exhibiting the highest standard of judicial independence and integrity.
Finally, I must salute the many silent Judges and Justices who stand out in brilliance, hard work and integrity, and continue to dispense justice without fear or favour.
What are your expectations of the Acting Chief Justice of Nigeria? Do you have an agenda in mind for him?
My Lord, the acting Chief Justice of Nigeria, Hon. Justice Olukayode Ariwoola, is a very fine jurist, with a wealth of experience in the administration and delivery of justice. Indeed, he is from both sides of the divide – the Bar and the Bench. He is already well aware of all that needs to be put right, such as setting down a rigorous, meritorious and transparent process of appointments, zero tolerance for corruption, welfare of judicial officers and non-interference with the judicial process, etc.
My prayer is simply for the Almighty to endow him with the guidance, wisdom and strength of spirit, to leave a legacy of an independent, dignified and efficient Judiciary which will be the envy of other jurisdictions globally.
Do you have any objection to the Muslim-Muslim ticket of the APC? While some believe that it is unacceptable, especially vis-à-vis the constitutional provisions regarding equity and inclusiveness, others argue that, given the turmoil that Nigeria is facing at the moment, what is paramount is the capacity to rescue the country, and not the religious make up of the Presidential ticket. Kindly, share your views on this
Nigerians have the inalienable right to determine who governs them. A Muslim – Muslim or Christian – Christian ticket of any party at first presentation is disquieting, bearing in mind the need for inclusivity and the fostering of unity. The legitimate view of those who are disenchanted by the current events should not be ignored, or summarily dismissed. However, I believe our first instinct should be for self-preservation. We need to be rescued, from the precarious situation we are in right now as a nation. Our attention and focus must be on getting the most competent team as presented by any of the registered political parties, to salvage our situation and we must not, despite how tempting it is, allow our sentiments to rule the day. Our prayer, backed by our actions, should be for progress, peace and unity to reign in our nation, and to be the legacy we leave for generations to come.
Your brother Silk, Femi Falana is in the process of filing a suit against INEC on the list of newly appointed Resident Electoral Commissioners, some of whom have been labelled partisan. Also, INEC bewildered the nation a few days ago by revealing that its website was hacked. Given these challenges, would you say the process leading to the 2023 elections is on course?
I am not privileged to have the details of the suit filed by my Brother Silk, Femi Falana. However, it is imperative that the Independent National Electoral Commission (INEC) must remain and be seen to remain independent and nonpartisan, as we are at a critical stage in the history of this nation; and it is the actions and processes of INEC that will endear confidence in the voting public, and encourage voters to come out to vote on election day.
On the issue of INEC’s website being hacked, my understanding is that INEC confirmed that all the attempts to so do failed. There is no doubt that we are in the digital age, and cyber-attacks are a common phenomenon; however, what is important is that INEC’s cyber security system must continue to be robust enough to repel such attacks. With less than 160 days away, we have been reassured by INEC that their preparations are on course with regard to the 2023 elections. We have the new Electoral Act 2022 in place. Bimodal Voter Accreditation System (BVAS) is being deployed. INEC’s outings at the recently concluded Ekiti State and Osun State Gubernatorial elections have been given a pass mark by a good number of accredited observers, and even voters. Still a post-election audit should have now revealed all lapses and challenges encountered, to prevent future occurrences and prepare for a better outing in 2023.
It is our hope that these past outings are a warm-up and reflection of INEC’s preparations to meet the expectations of Nigerians, with regard to the 2023 elections. What is important is for the elections to be, and to be seen as, free, fair and credible; with the results reflecting the voting will of the electorate.
Finally, the question we should ask ourselves is, whether we are ready to exercise our right to vote on election day. We must not undermine this right in any way.
Kindly, share your views on the state of the nation, with emphasis on the campaign promises of this administration in 2015.
Nigerians across the length and breadth of this country, are lamenting the hardships being suffered from the high and unbearable cost of living to the state of insecurity everywhere. The price of food in the market continues to rise daily, such that it is practically impossible to make any reasonable shopping budget for any subsequent visit to the market. The end of the long drawn out strike by the Academic Staff Union of Universities (ASUU) is not in sight; the foreign exchange rate continues to soar; there is the unending challenge of poor power supply; our debt profile has reached a peak, and corruption is staring us all in the face. There is a total feeling of unease.
17. Without mincing words, from conversations and observations, it has obviously become unbearable for a disturbingly great number of Nigerians. The exodus of the youth and professionals, is troubling. A lot of people have been left disillusioned by this administration which came in on the mantra of change. Our understanding was that, it was to be a change for the better. Unfortunately, any strides made in infrastructural development, have been overshadowed by the avalanche of socio-economic and political challenges surrounding and bearing down on us. Our Commander-in-Chief has reassured us that the end to our security challenges is in sight. That is a light at the end of the tunnel that we are anxiously, and indeed, desperately, looking forward to seeing. The enormity of our nation building project, is now upon us. All hands must return to deck, as we must rescue our nation from the brink.
Thank you Learned Silk.
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