Omobola Ibidapo-Obe Ogunfowora is a lawyer with over two decade post-bar experience. She has worked with a number of seasoned Law firms and on the board of Zenith Bank Plc as an independent non-executive director. In this interview with NGOZI OKPALAKUNNE, she spoke on the administration of justice in Nigeria; the dangers of the plural legal system that Nigeria operates, the Competition Law signed in January 2019 by the immediate past administration, among other issues. Excerpts:
By way of introduction, may we know you better?
I am Dr. Omobola Ibidapo-Obe Ogunfowora, a lawyer called to bar in 2003, with 20 years of experience. Holding a doctorate in Law, I specialised in competition Law, also known as anti-trust Law in the USA. I am a partner in the law firm of Olusola Ibidapo-Obe & Co. I serve as an Independent Non-Executive Director on the board of Zenith Bank Plc, Nigeria’s largest commercial bank. Additionally, I am an Independent Non-Executive Director on the board of Zenith General Insurance and Prudential Zenith Life. My educational journey includes lecturing at the University of Lagos (UNILAG), Faculty of Law before my PhD, and involvement in educational initiatives like Barton College Lagos and The Oye Ibidapo-Obe Foundation for Educational Transformation which aims to provide succour to indigent students by using education as a tool to lift millions of people out of poverty. I am married with children.
What inspired you to venture into the field of Law?
Influenced by my mother, who is also a lawyer, my interest in law comes from a desire to understand and shape societal rules. Law offers a noble career and equips one with life skills and a versatile academic foundation. It fosters excellent communication and critical thinking, valuable in various professional fields, from Business to Science and Information Technology.
As a lawyer with a PhD in Competition Law, what were the driving forces that propelled you to focus on that aspect of law?
I was drawn to Competition Law for its role in promoting market fairness and regulating anti-competitive conduct by companies. This field is pivotal in ensuring consumer protection, leading to higher quality products and competitive pricing.
The Nigerian legal system is considered to be over-clogged due to diverse bureaucratic court processes. What would you say is the underlying problem for this issue that is plaguing our judicial sector?
Nigeria operates a plural legal system. The laws we have are derived from the English Law, Customary Law, and the Islamic Law. These complexities alone can cause problems as they may make the implementation of diverse laws difficult. This is because the law is sometimes not always clear about what is applicable in certain circumstances. This is one of the major issues I would say is affecting the Nigerian legal system.
Another problem is that there might not be enough judges. This means that the lack of enough judges would make court processes slow. It means that it would be difficult for a case to conclude which would invariably lead to delayed justice.
If there were more judges, these cases would be handled more expeditiously, and litigants would also be able to get the justice they seek quicker. The application of justice does not solely rely on the judges. The lawyers, the judges, and the administrative staff in courts also have a part to play in the administration of justice either in Nigeria or any country. The importance of a competent, independent, and impartial judiciary cannot be over-emphasised. The public must have a strong belief in the independence of the judiciary and the integrity of its judges.
Apart from these, there may also be a need for an improved court environment so the existing judges can do their work better. We also have security challenges as well and there have been cases where judges were kidnapped while in court. These issues will lead to a clog in the administration of justice.
There have been recent clamours for the independence of the judiciary across all levels of governance, but it appears political office holders are not interested in making it a reality. What would you say is the problem and why does it appear to be a difficult thing to do?
The judiciary must be independent of the other arms of government as it would enable them to perform their duties more expediently. An independent judiciary acts as a check on the powers of the executive and legislative arms of government with the aim of upholding the rule of law. When the executive intimidates the judiciary, this will automatically impede the administration of justice and it would lead to the clamour for the independence of the judiciary.
Independence, in this case, would also mean that they are not getting enough finances to run adequately. If the executive arm of government oversees allocating funds for capital expenditure of the judiciary, then it is going to be difficult for them to be independent. If the judiciary is not independent of the executives, then it will be easy for executive suppression to take place.
This will automatically hinder the administration of justice. It will be difficult for the judiciary to be independent if their funds are coming from the executives. This is why there would be a clamour for financial autonomy and the total independence of the judiciary where they will oversee their resources.
As a lawyer with a special interest in competition law, consumer protection laws and trade-related issues, what is your view on how well the Nigerian government seeks to address issues relating to consumer protection in Nigeria?
The Nigerian government has made great strides in addressing consumer-related issues in recent years. There is a law that protects the rights of consumers in Nigeria and that is the Federal Competition and Consumer Protection Act (FCCPA) which was enacted in 2018. This Act led to the establishment of the Federal Competition and Consumer Protection Commission (FCCPC). This Commission has the mandate to protect the interest of consumers by providing them with a wide variety of products at competitive prices while also trying to prohibit anti-competitive practices.
In recent times, these are the commendable steps the government has taken. The FCCPC is doing a lot to protect the interests of the consumers. There have been various investigations which have led to businesses being shut down due to practices that are harmful to consumers.
There have been reports about online money lenders, also known as loan sharks, who send defamatory messages to the contacts of people who default in paying them. The FCCPC stepped in to release a list of licensed loan companies which people can borrow money from in a bid to sanitise the money lending ecosystem. Even in the case of electricity regulation and the high tariffs people pay, the FCCPC has stepped in to address the situation.
I believe the commission is working hard to provide Nigerians with some protection. I would, however, say what needs to be done is to provide constant awareness. Apart from the FCCPC, the government has established different agencies over the years that have been set up to look out for the interests of consumers.
These agencies include the likes of the National Agency for Food and Drug Administration and Control (NAFDAC), the Federal Road Safety Corps (FRSC), the Nigerian Communications Commission (NCC), the Standard Organisation of Nigeria (SON), among others. The main aim of these organisations is to regulate the industry they relate to and also look out for the interest of consumers.
Also, when you look at the FCCPA, you will see that it gives consumers different rights – the right to select their supplier; the right to cancel the advanced reservation of a booking; they have the right to choose who they want to buy from; they have the right to return goods; and they have the right to safe and quality goods. The big question, however, is whether Nigerians are aware of the existence of these legal provisions. The elites may be aware of these provisions but the lay man may not have this information at their disposal. I think the area of creating more awarenessis where more work needs to be done. This will also protect Nigerians from being cheated by any company.
The previous Buhari administration signed the country’s first comprehensive Competition Law in January 2019. What are the gains of this newly signed law for Nigerians and why do you think successive governments didn’t deem it fit to create such a law?
The enactment of the competition law has been in the pipeline for many years. It has been in the works since the administration of President Obasanjo. I guess the bureaucratic processes involved in enacting laws delayed it from coming to light earlier than it did.
However, other laws served almost the same purpose of protecting consumers. That might have been why a competition law was not signed. Initially, there was a Consumer Protection Act which served to protect the interest of consumers, but it was replaced by the Federal Competition and Consumer Protection Act (FCCPA) when it was signed. To buttress this, different sectors had their regulators. For example, we have the National Agency for Food and Drug Administration and Control (NAFDAC), the Standard Organisation of Nigeria (SON), the National Communications Commission (NCC), the Nigerian Electricity Regulatory Commission (NERC), etc. However, now that we have a competition law, the provisions of the Act supersede that of other existing laws in a situation of conflict.
Speaking about the advantages, the law ensures that there is a fair ground for competition to take place. The law also gives room for fair play among various providers. The law also helps to champion innovation and better pricing which provides consumers with access to better goods and services.
One thing that is crucial to state is that the law provides consumers with the right to safe and quality goods. For instance, if you go to the hospital and something goes wrong with you, the Commission is empowered to investigate the operational standards the hospital upholds. Similarly, if you notice that you are being charged exorbitantly for either your electricity or your telephone services, you can report it.
If you observe a particular company is running either a monopoly or even a cartel, you can flag it up with the Commission. The most important thing the law seeks to achieve is to stop questionable business practices.
Recent economic data predict that Nigerians would experience an exponential rise in the prices of food items, household commodities, amongst other items. As a consumer protection advocate, what should the Federal Competition Consumer and Protection Commission (FCCPC) do to ensure Nigerians pay the actual prices for goods?
The FCCPC had recently gone to different States like Oyo and Plateau to establish the Electricity Resolution Complaint Platforms. These platforms were designed to address electricity-related concerns like billing issues, metering issues, and transformer problems. These are some of the many things that the Commission is doing to enhance the complaints of customers.
I know also that the Commission is providing all forms of alternative methods for people to effectively file their complaints. They have a complaint portal on their website so customer-related issues can be resolved. This is how they can come in to assist consumers so they can derive value for the goods or services they purchase.
The cost-of-living crisis is a global problem that is not limited to Nigeria alone. In the UK, it is a challenge that is being experienced on a day-to-day basis. The government needs to continually provide awareness so customers can lay out their complaints if they feel that they are paying exorbitant prices for any product. As such, Nigerians should be encouraged to make reports via the available channels to strengthen the operations of the Commission.
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There have been recent attempts by the FCCPC to clamp down on digital money lenders in Lagos due to the unethical ways they go about recovering their monies. What is your take on the Commission’s intervention?
The FCCPC recently released a list of fully approved digital money lenders nationwide. The Commission has also advised that people should engage the services of only certified money lenders. I am also aware that they are working with the popular app stores to delist some of these money-lending apps.
The Commission had to take these steps because digital money lenders tend to deploy crude tactics to get their money back from those they borrowed. As such, they tend to harass customers in unimaginable ways sometimes making use of AI and deepfake technology to threaten customers in a bid to recover their funds. It is against this backdrop that the FCCPC steppedin to make sure digital money lending is more regulated. I strongly believe that these actions are highly commendable.
What strategies would you propose to the FCCPC to strengthen their operations to ensure the rights of consumers are met across the country?
The answer to this question revolves around the need for more consolidated efforts to be channeled towards awareness. The Commission must employ methods to make sure that the populace isaware of the core functions of their existence as well as their rights under the law, particularly when they feel cheated. I can say that there are a lot of things that have been done already by the Commission regarding the resolution of consumer-related complaints.
Competition Law should also be a course of study in universities. This is one of the viable ways of creating awareness. Once the populace is aware of the full provisions of the law, it makes the work of the commission more expedient.
There are many youths aiming to positively impact the legal process in Nigeria by studying law. What would be your advice to those who are considering to follow this path?
Studying Law offers diverse career paths and develops skills applicable in various fields, including IT and the sciences. The adaptability of a career in law to evolving sectors like Artificial Intelligence highlights its relevance in contemporary society. For those interested in studying law, patience and dedication are key to a rewarding career.
