Prof Damilola Olawuyi, 37, is the youngest academic to become a Senior Advocate of Nigeria. He tells TOFARATI IGE about his career, family and other issues
How do you feel being the youngest Senior Advocate of Nigeria?
I thank God for the wonderful opportunity and privilege of being recognised as a Senior Advocate of Nigeria. Being the youngest legal academic ever to receive the rank makes it even extra special, and I hope it serves as a positive inspiration to all youths out there that great things happen when we stay positive, dedicated and committed to our goals.
What stirred your interest in Law?
Growing up in a family of six, myself being the last, I was generally seen as very energetic and vocal from a young age. I was the one that spoke when others were timid, the one who called for fair distribution of household chores and the resulting benefits (food, in most cases), and the one to settle fights and disputes. I also had a strong interest in current affairs, so I became involved in debating right from the primary school stage. My father noticed my interest in social justice issues at an early age and he began to encourage me to read newspapers. He would buy different newspapers and bring them home for me, and also discuss the key contents with me. I read about famous lawyers such as Aare Afe Babalola (SAN) and Chief Gani Fawehinmi (SAN) of blessed memory, and I secretly admired their commitment to justice and societal development. These naturally developed in me a strong passion for social development issues.
However, my path to studying law was not as straightforward. I actually studied Law by mistake. And that is easily the best mistake I have ever made. I made very good results in the junior secondary school examination― one of the best in Oyo State at the time. Consequently, I was compelled to enroll in the science class, based on the cliché at the time about what intelligent people should study. However, given my interest in social sciences, I insisted on adding Literature in English and Government to my combinations as a science student, which was seen as abnormal at the time. After succeeding in the West African Senior School Certificate Examination, I was very close to enrolling for Computer Engineering at the university but I was told that the course was not commencing that year. At that point, I called my father with great disappointment, but he asked me, ‘Do they have Law’? The answer was yes, and I had the required combinations to be admitted. That was how I transformed from a science student to a Law student. I have never looked back since then.
What is the most challenging case you have ever handled?
In my practice, I provide legal representation and expert advice to governments of different countries, especially in oil and gas and environmental law matters, which comes with different challenges. The most complex case I have been involved in was when a client had a major operational blowout and had over 700 claims filed against them at the same time. In such a circumstance, it takes a lot of time, patience and careful negotiations to separate the wheat from the chaff and to get the client back to a good position. Also, in such cases, negotiating with affected local communities and stakeholders can be very complex and challenging, especially when emotions are still high. It was indeed a good learning experience that has greatly prepared me for handling complex environmental and oil and gas related cases.
Which do you find more fulfilling― practising Law or teaching it?
I find both law teaching and practice to be equally stimulating and fulfilling. My continued engagement with practice gives me fresh perspectives on the workings of the law, which allows me to provide my students with fresh real life examples and scenarios. My students, therefore, gain practical and commercially relevant knowledge from an early stage. In the same vein, my research and publications provide the sharp insights and analysis that help my practice in very significant ways. Working on different academic publications and research projects means that I can be aware of the latest developments in law at every point in time, which enriches my practice, especially the process of preparing for court cases and arbitrations. I also like the serenity and collegiality of the university, which allows scholars to think, innovate, and unearth new ideas through society-relevant research.
What are your duties as the Deputy Vice Chancellor of the Afe Babalola University?
As the Deputy Vice Chancellor, Academic, Research, Innovation and Strategic Partnerships, I oversee all academic and research programmes of the university. I also chair a number of university committees, especially the University Research and Innovation Board, which implements programmes to promote research, innovation and societal impact in the university. As a world class and research active university, our goal is to ensure that the high number of research publications produced by our faculty and students are widely disseminated across the world, and influence decision making in key sectors and industries. I work closely with the Vice Chancellor and all colleges to ensure that we achieve this goal, while also attracting international grants, partnerships and collaborations with other research minded universities across the world. Some of the results of our high energy approach to research and innovation are already evident in the number of high impact publications generated by our faculty members. Some of these publications have shaped discussions on COVID-19, solid minerals development, agriculture, oil and gas, climate change and public health, to mention but a few.
What are the challenges you face in the course of doing your job?
The COVID-19 pandemic has posed big challenges to all universities worldwide. For example, several of our planned in-person conferences and outreach activities have been affected. We are, however, very fortunate to have a team of dedicated and supportive staff that have made the process less daunting. Through their innovation, we have been able to move several of our activities online through teleconferencing, webinars and telework. I am indeed proud of the leadership role that ABUAD is playing in spearheading innovative and ICT-driven education in this country.
What are your short-term and long-term goals for the university?
We have a bold vision at ABUAD, which is to achieve the highest standards of excellence in societally-relevant research, innovation and enterprise development, and to become one of the world’s top tier research intensive universities. With exceptional strengths in agriculture, medicine, law, entrepreneurship and engineering, among others, our strategic plan for the next five to 10 years will be to consolidate this leadership, while continuing to raise our profile, presence and reputation as an internationally engaged world-class university. Under the leadership of our able Vice Chancellor, Professor Elisabeta Olarinde, the university has recorded significant strides in areas of functional ICT-based learning. ABUAD is one of the few institutions in Nigeria that have been able to continue functioning seamlessly despite the pandemic. When you walk around (the campus), you also see our emphasis on entrepreneurship and practical learning. Many thanks to the innovation, sagacity and foresight of our founder, Aare Afe Babalola (SAN), ABUAD has a Talent Discovery Centre, where students immerse themselves in innovation and skill development. We are never afraid to push the boundaries of knowledge. We believe that innovation is the primary function of world class and research-driven universities. So, very soon you will hear more about our post-COVID 19 innovations, publications, and programmes.
Some people feel that despite the high fees paid by students, the quality of lecturers in private universities is not as good as those in public institutions. What is your reaction to that?
I think that erroneous sentiment has now been permanently laid to rest due to the several significant landmark achievements and contributions of private universities to the Nigerian education landscape over the last two decades. I am a living proof of the highest quality of education provided by private universities. I graduated from Igbinedion University, Okada (Edo State), did a Master’s degree at Harvard University (a private university in the United States), and now, I teach at ABUAD. I am a product of private universities and I have been able to attain the peak of my profession due to the high quality of education and support that I have received.
What makes a university world class is not whether it is public or private. It is the high quality of its research staff and the available infrastructure for research and innovation.
As the Vice Chair of the International Law Association, what do you do?
The International Law Association was founded in Brussels (Belgium) in 1873, and it aims to promote the study and clarification of public and private international law worldwide. The ILA is headquartered in London (United Kingdom) under the chairmanship of the Right Honourable The Lord Mance, a former Deputy President of the Supreme Court of the United Kingdom. As a Vice Chair, I sit on the Management Committee and the Executive Council of the ILA, and provide insights and contributions to the functioning of the association worldwide. I also serve on special committees that are created from time to time to advance the development of international law in different parts of the world.
What were the highlights of your time as a visiting professor at Columbia Law School, New York?
It was a great privilege and honour to serve as a David Sive Visiting Scholar at the Sabin Centre for Climate Change Law at the Columbia Law School, New York (United States of America). Firstly, I enjoyed the rich culture and energy of New York― a very vibrant and multicultural city known for being a hub of entertainment. More importantly, I enjoyed the warmth and reception of my colleagues at the Columbia Law School who made the task of settling in and conducting research less stressful. I also enjoyed my interactions with the students in class, especially the very intelligent questions they asked which further enriched my own research projects. In all, it was a wonderful experience which greatly allowed me to transplant some important notions on climate justice in the United States to inform and influence the development of the law in this area in Nigeria. Some of the articles and books I developed during that time have received accolades and awards.
You were recently appointed as an Independent Expert on the African Union’s Working Group on extractive industries, environment and human rights. How has the experience being so far?
It has been an enriching experience so far. The working group comprises foremost thought leaders and policy experts in natural resources law in Africa, with the mandate to examine the impact of extractive industries in Africa within the context of the African Charter on Human and Peoples’ Rights. For over 11 years, the working group has played an active role in informing the African Commission on the possible liability of non-state actors for human and peoples’ rights violations in the extractive industries, especially oil and gas, and solid minerals development. Among other functions, the working group formulates recommendations and proposals to African governments on the appropriate measures and activities for the prevention and reparation of violations of human and peoples’ rights by extractive industries in Africa. One important initiative that we are currently working on is to establish more guidelines and awareness on how to address problems of illicit financial flows in the extractive industries in Africa. The working group also recently published a detailed newsletter that aims to create awareness across Africa on how to address adverse human rights impacts of the extractive industries.
What are some of the most notable books you have published?
I have several books in areas of natural resources, energy and environmental law. I will however mention some of the few that have received national and international awards. My most famous books are The Principles of Nigerian Environmental Law (2015), Food and Agricultural Law in Nigeria (2016), The Human Rights Based Approach to Carbon Finance published by the Cambridge University Press (2016), Extractives Industry Law in Africa published by Springer Switzerland (2018), and most recently, Local Content and Sustainable Development in Global Energy Markets, also published by Cambridge University Press (2021).
From your perspective, what qualities make a good lawyer?
I often tell my students that Law is a service profession. Just like restaurants, our value is intricately tied to how well we serve our clients. So, diligence and hard work are very vital to building a successful law practice. For lawyers and law students, hard work simply means leaving no stone unturned in preparing for every case or examination. The best Law students read as if their entire lives and futures depend on it, while advocates that devote themselves to comprehensive and multi-jurisdictional research often find the missing piece in their clients’ cases. This means when facing their work, they shut out all distractions and prepare vigorously. Also, good lawyers master the art of amiable networking. It is very important to actively build relationships with colleagues within and outside the profession, in order to widen one’s horizon and knowledge base. Consistent diligence and hard work breeds reliability. Reliability, in turn, breeds an increased network of viable contacts and allies. An increased network brings boundless opportunities, and opportunities ultimately open the door for success.
You have practised and taught Law in Europe, North America, Asia, Africa and the Middle East. What are the peculiar differences in the way law is practised in each of those places?
Teaching and practising law in multiple jurisdictions requires an in-depth knowledge of the key legal traditions of the world, namely common law, civil law, and Islamic law. In Nigeria, as it is in many commonwealth countries and former British colonies, we largely apply common law principles in legal drafting and contractual interpretations, as well as in case preparation and in courts. The first time I had to work in civil law jurisdictions such as France, China, Russia, and Qatar, it was a significant transition as their oil and gas laws have strong influence from the civil codes. In those jurisdictions, law is as written in the codes and a lot of things are not opened to wide interpretations. Being a global lawyer means one must be ready to learn fast and one cannot be set in one’s ways. I have been able to immerse myself in those legal traditions to such a point that I now have the temerity to author books on civil law and Islamic law. For example, my co-edited book titled, Negotiating Joint Operating Agreements in Civil Law Jurisdictions, is a compendium of best practices on oil and gas law from 21 civil law countries. Furthermore, given my experience working in the Middle East, I have also authored an environmental law book for Arab countries, which explores the influence of Islamic law and principles on environmental protection. As I tell my students, being a global lawyer means one must have an in-depth understanding of the comparative law principles that underpin the multiple but convergent legal systems of the world.
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