General
ESG Obligations Leading to Risk of Increased Litigation for African Businesses
By Darryl Bernstein
As African businesses begin to recover and build the resilience needed to successfully navigate COVID-19 disruption, a focus on Environmental Social and Governance (ESG) strategies is proving to be essential for long-term success.
In order to stay competitive, organisations based in Africa are engaging meaningfully with ESG to build robust sustainability strategies that meet stakeholder expectations and enable compliance with global and domestic mandatory and voluntary ESG standards and codes.
ESG encompasses a broad range of issues across the spectrum of Environmental (climate change, biodiversity, waste, water and resource use, pollution), Social (human rights, labour practices, HSE, diversity); and Governance (corporate governance, ethics, compliance) matters.
As climate change impacts become clearer and nearer, there is an increasing emphasis on the Environment aspect of ESG. After the pandemic, initiatives in Africa are expected to have a heightened focus on green, low-carbon and sustainable development, via, for example, clean energy production, community care initiatives, green transport and sustainable water projects, wildlife protection programmes and low-carbon development projects.
There is a major role for ESG policies to play in mitigating some of the effects of climate change, through planning and building for hotter temperatures, higher sea levels and more extreme weather conditions, for example.
Organisations are adopting new strategies that address climate change risk and identify the sustainable opportunities that arise from addressing climate concerns. To regulate this, there are likely to be developments from African regulators in the near future that address climate risk disclosure requirements for businesses operating on the continent.
Post-pandemic, the discussions around ESG are also resulting in an added emphasis on the Social aspect – which, among other things, focuses on protecting an organisation’s workers and the wider local populations in which these businesses are based.
Organisations are looking at ways to build better social programmes that are more resilient to future pandemics and ensure good business practice. A focus on issues such as enhancing considerations around the health and safety of employees and communities, implementing diverse and inclusive workplace cultures, and building good management teams that can pull employees together in all kinds of remote, physical workplace and hybrid settings, put companies in a strong position to move forward.
The Governance aspect has also been emphasized by the pandemic, with an increased focus on due diligence around compliance with regards to anti-bribery and corruption, data privacy and cyber security legislation, for example.
Some of the larger African jurisdictions have already implemented mandatory ESG and sustainability reporting frameworks and, going forward, more African regulators are expected to replace current voluntary frameworks with mandatory ones or to adopt new mandatory frameworks. In turn, organisations operating in Africa will seek guidance and more detail from corporate regulators on how they want to see ESG reported and the practices behind the reporting process.
In South Africa, there are many laws that govern ESG factors, including business and financial sector conduct, economic and social empowerment and environmental protection. Voluntary codes such as the King IV Code on corporate governance and the Code for Responsible Investing in South Africa also serve as a guide to businesses on ESG considerations.
Other examples include Kenya, where the Capital Markets Authority introduced Stewardship and Corporate Governance Codes in 2017 and Nigeria, where the Nigerian Code of Corporate Governance was introduced in 2019. Globally, in addition to numerous country-specific laws, there are a plethora of voluntary sustainability-focused codes and standards, including the UN Guiding Principles on Business and the Human Rights and UN Guiding Principles Reporting Framework.
ESG risk management has become a mainstream component of corporate due diligence programmes, and corporate boards are being held accountable for their ESG practices by their shareholders, stakeholders and management teams. Risks for non-compliance with the multitude of global and local laws, voluntary codes and best practices governing ESG factors range from criminal prosecution and hefty fines to reputational risk and business failure as a result of not fulfilling ESG commitments.
Actual and perceived non-compliance with ESG regulations and best practices have engendered activist shareholder protests and action against the parent companies of global groups. A key challenge for businesses is navigating where the laws end, and business strategy and market expectations begin. This is especially the case when navigating the major global issues of, for example, environmental standards and human rights responsibilities. Such issues often lead to activism, litigation and class actions if a business falls short of sustainability standards or appears to be breaking publicly made promises.
Contractual liabilities around ESG must be carefully considered, as contracts that stipulate compliance with certain standards can trigger a breach of contract claim if there is seen to be any violation of the terms. It would be better for businesses to ensure in advance that they can fulfil specific ESG obligations before agreeing to them contractually. Limitations of liability should also be agreed upon to mitigate the risks.
Further, if companies have made public promises regarding their ESG obligations and they are seen to be not fulfilling such obligations, they could be vulnerable to the threat of class actions that are brought by consumers and shareholder activists. Companies should identify what ESG goals can be properly measured, and what goals should be clearly defined as being aspirational and ensure that this is accurately communicated in the public domain. Reputational damage from ESG non-compliance escalates quickly and can be difficult to recover from.
For African organisations, maintaining a long-term sustainability strategy ensures sound financial performance, full compliance with local and global laws and frameworks, and substantially increased resilience in a challenging post-pandemic environment. In the current global environment, ESG is no longer just about doing the right thing, the dial has shifted and having a legally sound and comprehensive approach to ESG considerations is a prerequisite for business success.
Darryl Bernstein is a Partner and Head of the Dispute Resolution Practice at Baker McKenzie in Johannesburg
By Modupe Gbadeyanka
Celebrated broadcaster with Arise TV, Mrs Ayo Mario-Ese, has charged women to be open to collaboration and not limit themselves.
The charming media personality was one of the panellists at the UBA Business Series themed Introducing Gen W – The Evolved Woman, held at the UBA House in Lagos last Thursday.
At the event moderated by popular actor, Mr Tobi Bakre, the Morning Show anchor on Arise TV expressed worry about females who are usually laidback about speaking up and sharing their achievements, and said that women need to own their stories.
“A lot of women are doing phenomenal work and are sometimes afraid of showcasing what they are doing. As an evolved woman, you have to find out what you are comfortable doing, create your own unique offering, and also be open to collaboration,” she submitted.
Another panellist, Ms Joycee Awosika, described an evolved woman as one who has awareness of who she is.
“That woman does not need to ask to sit at the table; she is creating her own table and adding value. As your company is growing, you must grow too, and always do an audit of where you need to become a better leader,” the energy economist stated.
For a digital entrepreneur, Ms Tomike Adeoye, the question of what a woman is bringing to the table has now become obsolete, as the evolved woman is now bringing their own table.
“She is now more vocal about their struggles, setting the standards, and she is not ready to give up on her dreams,” she declared.
For the founder of Fine-Funky, Ms Olufunke Davies, she remarked that, “Creating unique designs that are affordable remains my driving force and something that has helped me grow as an evolved woman.”
In her remarks, the Group Head for Brand, Marketing and Corporate Communications at UBA, Ms Alero Ladipo, said, “Raising each woman is actually not that hard, because everyone has their community as well as their story; and so as women, we need to take a position so that we can give to others.”
She said the Gen W platform of the lender is dedicated to the evolved woman, adding, “Through expert insights, real stories, and practical resources, the platform connects women who are building brands, creating businesses, growing careers, and leading across industries. They also have access to a plethora of discounted products and loans. The best part: it is open to every woman. No UBA account needed. This is Gen W, for the evolved woman.”
This edition of the UBA Business Series was hosted to mark International Women’s Month.
By Adedapo Adesanya
The Nigerian Navy has intensified its crackdown on crude oil theft and illegal bunkering, destroying a reactivated illegal refinery site in Rivers State and intercepting suspected stolen petroleum products in Calabar.
The Director of Naval Information, Captain Abiodun Folorunsho, disclosed this in a statement on Sunday in Abuja, revealing that personnel of the Nigerian Navy Ship SOROH, operating under Operation Delta Sentinel, destroyed a reactivated illegal refinery site at Okolomade Community in Abua-Odual Local Government Area (LGA) of Rivers State.
He said the action followed credible intelligence that a previously dismantled illegal refining site had resumed operations.
According to him, an Anti–Crude Oil Theft (Anti-COT) team deployed to the location discovered that the dismantled refining oven had been reconstructed.
“Further exploitation of the area led to the discovery of additional refining equipment and storage facilities containing about 3,000 litres of product suspected to be illegally refined Automotive Gas Oil (AGO),” he said.
Mr Folorunsho added that the illegal refining infrastructure—including ovens, storage tanks, hoses, connected pipes and newly acquired metal components used for illegal refining—was destroyed in line with operational procedures.
He said personnel of the Nigerian Navy Ship Victory, in another operation, intercepted about 3,950 litres of suspected stolen petroleum products at the Nigerian Ports Authority (NPA) area in Calabar, Cross River.
He said the interception was based on credible intelligence on suspected siphoning of petroleum products from vessels berthed at the port.
The naval patrol team, according to him, swiftly deployed to the area and traced the illegally siphoned products to a trailer park within the port facility.
“On sighting the naval patrol team, the suspected perpetrators fled the scene, after which the area was cordoned off and the illegally siphoned products secured,” he said.
The official said further inspection led to the recovery of about 3,950 litres of Automotive Gas Oil stored in drums and jerrycans, which had been evacuated to the naval base for further necessary action in line with extant regulations.
He noted that the successes aligned with the directive of the Chief of the Naval Staff, Vice Adm. Idi Abbas, to intensify operations against crude oil theft and other maritime crimes across Nigeria’s maritime domain.
The captain reiterated the Navy’s commitment to sustaining the operational tempo of Operation Delta Sentinel through intensified surveillance, patrols and intelligence-driven operations aimed at combating crude oil theft, illegal bunkering and other forms of economic sabotage.
Search Engine Optimization isn’t what it used to be.
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Search engines—especially Google—have become dramatically smarter.
Modern ranking systems analyze:
- Topical authority
- Content depth and expertise
- User engagement signals
- Link quality (not quantity)
- Brand credibility
- Search intent satisfaction
SEO today is no longer about “gaming the algorithm.” It’s about becoming the most trusted answer in your industry.
That’s where RiseGrower comes in.
🚀 What RiseGrower.com Is Built For
We specialize in performance-focused SEO strategies designed to:
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Search engines reward expertise and trust.
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We help brands dominate entire keyword clusters—not just single keywords.
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From crawl optimization to structured data, we ensure search engines fully understand and prioritize your content.
🔥 Why Most SEO Strategies Fail
Many businesses struggle with SEO because:
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If your goal is sustainable organic growth, you’re in the right place.
⚖️ White-Hat SEO Only
We believe in:
- Real editorial placements
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We do not use:
- Private Blog Networks (PBNs)
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Long-term growth requires integrity.
📈 The Rise of Performance-Based SEO
The future of SEO isn’t “deliverables.”
It’s measurable outcomes.
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AI-generated content is flooding the internet. Competition is rising daily.
Search engines will increasingly reward:
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🚀 Launching Soon
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If you’re ready to:
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