“Lawyers Must Integrate ESG, Human Rights In Practice” — NBA-LEC Urges Climate-Competent Legal Advice
The Legal Education Committee of the Nigerian Bar Association (NBA-LEC) has called on lawyers to fully integrate corporate due diligence on environment, social, governance (ESG) and human rights, when providing counsel.
They also called on governments at all levels to provide increased funding for legal education in Nigeria in order to enhance the development of climate-competent lawyers that can effectively advise clients on global best practices relating to climate change, biodiversity, pollution control and sustainable development in infrastructure and development projects.
These recommendations were made at the 3rd online Seminar Series on Legal Education organized by the NBA-LEC. Recall that as part of the NBA’s efforts to enhance legal education and practice in Nigeria, NBA President, Mazi Afam Osigwe, SAN inaugurated the Legal Education Committee under the leadership of Professor Damilola Sunday Olawuyi, SAN, Deputy Vice Chancellor at Afe Babalola University, Ado Ekiti (ABUAD), with the mandate to promote and advance functional legal education in Nigeria, especially through training sessions and conferences on modern teaching approaches.
In exercise of this mandate, the NBA-LEC introduced the Webinar Series on Legal Education Series, a gathering of academic, legal practitioners and industry experts to discuss practical approaches for promoting the reform and transformation of legal education in Nigeria. This 3rd edition of the series recorded a huge turn out of more than 850 attendees.
While welcoming delegates to the workshop, Chairman of the NBA-LEC, Professor Damilola Olawuyi, SAN highlighted that the rapid introduction of ESG standards in legislation, industry guidelines, and contracts worldwide to address planetary emergencies, such as climate change, biodiversity loss and pollution in key sectors, is transforming the legal profession, especially the meaning of contractual due diligence and the way we practice and teach law. According to the Learned Silk, “to be a competent lawyer in this rapidly changing regulatory landscape includes being commercially aware of climate and energy transition risks. It is for this purpose in that we have put together this Webinar Series to provide an opportunity for stakeholders in legal education, particularly faculty, students, and administrators to explore how to tailor legal education to meet contemporary realities and needs.”
On his part, the keynote speaker, Prof. Onyeka K. Osuji, Dean and Professor of Law, Essex Law School, University of Essex, United Kingdom highlighted the nature, scope and application of ESG in transactional and regulatory context. He noted that the emerging ESG standards place additional duty of care on lawyers to acquire the knowledge, skills, attitudes, dispositions and competencies required to provide risk-free legal advice in today’s rapidly changing world. Drawing from his extensive experience in the UK, the erudite professor also stressed that to effectively perform these roles, legal educators must integrate practical skills in legal education and training both at the University and bar training.
Moderated by the chairperson of the Webinar Series subcommittee of NBA-LEC, Ozioma Soludo, who is also an associate at KENNA, the ensuing panel discussion featured insightful contributions from leading practitioners from Nigeria and beyond. The panelists, Mrs Folashade Alli, SAN, one of the leading arbitrators in Nigeria with about 40 years’ practice experience and current Chairperson of the Section on Legal Practice of the Nigerian Bar Association; Professor Ayodele Morocco-Clarke, Professor of Energy, Climate and Environmental Law and Policy at Nile University of Nigeria, Abuja, as well as Paula-Ann Novotny who is a partner at the global law firm, Webber Wentzel and member of the Business and Human Rights Committee of the International Bar Association, expertly analysed the meaning of ‘climate-competent lawyering’ in Nigerian and global contexts. The discussions also examined the ESG imperatives and the challenges and opportunities for legal education and professional training; the urgent need for universities to integrate climate change and ESG into law curricula and professional standards, as well as comparative perspectives and lessons from global best practices in climate-related legal education. The speakers also highlighted the future role of lawyers in advancing sustainability and regulatory compliance in line with global best practices.
While discussing the way forward, the workshop commended the NBA leadership for providing the innovative platform to reflect on the way forward and called for the swift implementation of the NBA Legal Education Endowment Fund which could go a long way in mobilizing financial support for infrastructure and technology upgrade to implement practice-focused training in universities. While calling on law firms, companies and other stakeholders to contribute to the Fund, the workshop also called for more joint research projects between NBA and law faculties, as well as tailored research programs and subsidized conferences for academic lawyers, as a way of incorporating theoretical and practical law aspects in the profession.
