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In this interview, Andrew Skipper, Partner and Head of Africa, Hogan Lovells, a multinational law firm co-headquartered in London and Washington DC, spoke on the Nigerian legal industry and its role in promoting investment in Nigeria. He spoke with Jide Akintunde, Managing Editor, Financial Nigeria magazine, after the participation of Hogan Lovells at the Nigeria Summit, which held on March 7-8 in Lagos.

Jide Akintunde: As a multinational law firm with over 45 offices around the world, including a Johannesburg office, why has Hogan Lovells not opened a Nigeria office?
 
Andrew Skipper: At the moment, the regulatory framework in Nigeria restricts international law firms from opening offices in the country. However, we don’t see this as a problem. Our priority is to ensure that our clients get the best services and Nigeria offers one of the most developed and sophisticated legal services in Africa. We also find the quality of the firms we work with in Nigeria meets a high international standard.

We believe strongly in encouraging local capacity building in Africa and so we work closely with local counsels to share and develop knowledge.

JA: What is driving your interest in Nigeria now and what kind of presence is Hogan Lovells planning to have in the country?
 
AS: We all know that Nigeria is now the biggest economy in Africa with one of the largest and growing populations in the world. To support this growth, the country will need to develop its infrastructure and find a way to reduce its huge power deficit and manage an increasingly diversified economy. This will require collaboration between the public and private sectors, which will naturally attract international investment. As one of the leading global law firms advising on similar projects across other emerging markets, we have both the skill, expertise and knowledge to provide commercial legal advice that will help to bring large, complex and multifaceted projects to fruition as well as support clients in cutting edge areas such as Fintech and cybercrime.

JA: Political cases tend to show the Nigerian legal system as inefficient. Corruption is often insinuated as the driver of the inefficiency. But while commercial disputes can take years to resolve in the court, they get resolved. Do you think the Nigerian legal system is evolving at a pace that is compatible with the country’s rising profile as a frontier market, compared to its peers?

AS:  As a retired Nigerian Supreme Court judge memorably remarked when giving expert evidence in the English courts a few years ago, "the mill of justice can grind very slowly in Nigeria".  As a result, Nigerian companies are increasingly turning to arbitration – usually seated outside Nigeria – for resolution of their commercial disputes. It will be interesting to see whether Nigerian courts respond positively to this development, e.g. by streamlining their own procedures in order to make Nigerian litigation more user-friendly. It will also be important for Nigerian courts to show that they are committed to supporting, and not intervening in, the arbitration process.

JA: What can the country do to deepen legal practice in the areas of commercial law, in light of foreign investment flows (FDI and portfolio investment) to Nigeria and rising domestic investment and innovation?

AS: As I said on a panel at the recent Economist Nigeria Summit 2016, currency, corruption and complexity will be the major barriers to foreign direct investment in the country. Ultimately, these 3 C's lead to uncertainty which can act as a concern for many international investors. The legal industry also has a role to play. Strong reforms in the key sectors of energy, infrastructure, agriculture, manufacturing and banking will send the right signals to the market and attract more investment, both regional and international, which will increase competition and naturally create an environment for new innovations.

JA: How does Hogan Lovells decide its Pro Bono services, and how useful have they been in the jurisdictions where you have offered them?

AS: Our pro bono work is aligned with UN Global Goals and is decided according to the firm's priorities and resources.  We have a three-year commitment to the Women and Girls and, in particular, we are fully committed to our NGO partners’ focus on three areas: tackling gender-based violence; the secondary school education of the girl child and the empowerment of women. We are currently undertaking a number of pro bono projects in those areas in different regions which include the support of Barefoot Solar College; Coaching for Hope and the SPRING Accelerator. Our aim is to make a tangible difference to the lives of women and girls.

JA: The regulatory $5.2 billion fine of MTN (reduced to $3.9 billion) by Nigerian Communication Commission was at some point taken to court for adjudication. Now that the case is out of court for settlement, the fine remains subject of a debate. What, in your view, would be the best way to resolve the issue?

AS:  As we are not involved in the case, we do not have insight of the details and so cannot comment.

JA: What is your outlook of Nigeria’s investment and legal services?

AS: Overall it's positive. Short-term headwinds and challenges are clearly an issue. But in the long term, Nigeria offers great prospects and opportunities. If you are a serious player in global business, you need to be there!

About Andrew Skipper

Andrew Skipper is Partner in the corporate commercial practice of Hogan Lovells where he is renowned for his work and considered by clients as a 'star…very calming influence…has the ability to crack through difficult negotiations' in the Legal 500 2013. He is educated at University College, Oxford.