Contracts for Infrastructure Dev’t:

Lawyers Should Take Part in Negotiations

- Nico Halle, President of Cameroon Bar Gen. Assembly 

By Tanyi Kenneth Musa in Yaounde

Barr. Nico Halle, President of Bar General assembly in Cameroon

The President of the Cameroon Bar General Assembly, Ntumfor Barrister Nico Halle, has said that Africa will start having the development it is yearning for only when leaders of African countries realize the indispensible role that lawyers have in the development chain of their countries.

            Nico Halle made the salient remark in Yaounde recently, while addressing a gathering of lawyers drawn from Cameroon, Africa and Europe, to witness the solemn re-opening of the Cameroon Bar Association for the year 2018.

            Speaking to his learned colleagues, Nico Halle underscored the indispensible role lawyers should play in the negotiation of infrastructural development contracts between third world countries and their foreign partners. He noted that countries that successfully strike win-win deals with foreign investors do so because they invite lawyers on the negotiation table.

            The Senior Barrister and Solicitor of international repute noted that the theme for this year’s reopening of the Cameroon Bar: “Accompanying African States in Infrastructural Projects: the Role of the Lawyer”, was well chosen especially given that infrastructure development is Goal Number 9 of the 17 Sustainable Development Goals (SDGs) adopted by the UN at the SD Summit in New York, USA, in September 2015.

            “If I am asked whether or not infrastructural development in any country can be achieved without the assistance and advice of a lawyer my answer will be an emphatic and unequivocal no,” affirmed Nico Halle, who is also a globe-trotting peace crusader and international elections monitor.

 Continuing his advocacy, Nico Halle noted: “……..so many people in high places are still not conversant with the unavoidable role of the lawyer in society maybe because today everybody passes for a lawyer.….. A lawyer is a watchdog for the implementation of the rule of law for the growth of society. By the rule of law, I mean good governance, due process, accountability, justice for all, free and fair trials, etc…….A lawyer is an expert trained in the law to ensure that the rule of law prevails in society at all times…….. Unfortunately, the lawyer is not respected for his value in our society. Many high profile personalities do not know or appreciate the role of the lawyer, reason why there is high moral decadence, anarchy, and disorder.”

            A no-nonsense social critic known for his straight-talk, Nico Halle regretted that “sometimes the state negotiates deals with both local and foreign investors and only solicits the intervention of a lawyer when such deals become complicated or even unenforceable.”

            Nico Halle held his hearers spell-bound when he emphasized the utmost importance for lawyers to intervene at all stages and at all times during the negotiation process of infrastructure development and other contracts this to ensure respect and compliance with the law. 

 “When state authorities sign agreements with third parties, the legal framework of these agreements should be handled by the lawyer who should not only draft the contract/agreement but also accompany the execution of the said contracts……. It ought to be the common practice in modern business that when a top level government functionary is travelling to lobby for foreign investors, he should be accompanied by a pool of lawyers who are skilled in the art. Same should apply with General Managers of parastatals and other high level public servants who commit the state in different deals and agreements,” Nico Halle underscored, noting that by so doing the state is protected from unnecessary legal battles that are usually very costly to the taxpayer.

            Representing the government at the Bar re-opening, the minister of Justice who doubles as the Attorney-General of the Republic, Laurent Esso, pledged government’s support to lawyers, urging them to ensure best practices that are needed for national development.

            For his part, the president of the Cameroon Bar Council, Jackson Ngnie Kamga, on his part, encouraged the “men in wig and gown” to see the need to accompany the government in its development drive. But he at once also beseeched government to institute reforms that give lawyers their rightful place in the countries development process.