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
The pastor in charge of the Celestial Church of Christ at Agonvi Sea Beach in the Sakpo area of Seme border, Badagry, Lagos State, Mr Afolabi Hodonu, has been arrested by operatives of the National Drug Law Enforcement Agency (NDLEA).
The 45-year-old cleric was apprehended on Thursday, April 2, 2026, alongside his 35-year-old wife, Mrs Success Hodonu, with blocks of skunk weighing about 11kg.
A statement issued on Sunday by the spokesman of the NDLEA, Mr Femi Babafemi, disclosed that the couple were stopped at the Gbaji checkpoint, and a search of their Honda Pilot SUV led to the recovery of the drugs concealed in hidden parts of their vehicle.
Their arrest followed the apprehension of a fake security agent, Mr Sunday Samuel, 35, at the same checkpoint on Monday, March 30, while conveying 24.5kg of skunk from the Seme border to Lagos.
The statement further disclosed that NDLEA operatives also successfully dismantled a drug trafficking syndicate in high stakes intelligence led operations that lasted three weeks during which cocaine consignments concealed in tins of palm kernel extract heading to the United Kingdom were intercepted and the warehouse where the shipments are packaged raided, while all three layers of the group were unravelled, leading to the arrest of the kingpin.
The breakthrough began on Wednesday, March 11, 2026, when NDLEA officers of the Murtala Muhammed International Airport (MMIA) Strategic Command, Ikeja, Lagos, intercepted 3.10 kilograms of cocaine at the export shed of the airport. The illicit substance was meticulously hidden inside tins of palm kernel extract intended for shipment to the UK.
Two suspects handling the shipment, Idris Olayiwola Amoo and Akinlami Akinsoji Adedoyin, were promptly arrested.
To unravel the sender and the arrowhead of the drug syndicate, a well-coordinated sting operation was carried out on Thursday, April 2, leading to the arrest of Ezemuwo Joel, who operates under a fake identity as Ajayi.
His arrest provided the link to the syndicate’s head, 52-year-old King Arinze, who was flushed out of a hideout in the Isolo area of Lagos.
He was thereafter taken to his warehouse at 11, Ola Ifa Street, Bucknor, Isolo, where NDLEA operatives recovered 886 tins of palm kernel extract prepared for drug concealment; industrial tools, including a sealing machine, tin openers, paint sprays, 52 grams of cannabis sativa and a pack of hand gloves. Arinze has since confessed to personally draining the oil from the tins to conceal the cocaine.
In a separate operation in Borno state, NDLEA operatives on Wednesday, April 1, intercepted a female drug supplier to bandit groups operating between the North East and Chad, 28-year-old Aisha Adamu. She was arrested along the Gamboru Ngala road in possession of 4.3 kilograms of Colorado, a potent synthetic strain of cannabis.
In Adamawa State, NDLEA officers on patrol along Namtari road, Yola South, on Monday, March 30, intercepted a trailer marked RUW 947 XA transporting 48,000 pills of tramadol. The truck driver, Abdulaziz Ismail Korede, was arrested while a follow-up operation led to the arrest of the recipient, Idris Adamu.
While 60-year-old Idiatu Oladejo was arrested with 15kg of skunk in Isale Osun, Osogbo, Osun state, on Wednesday, April 1, NDLEA operatives, acting on credible intelligence, raided the Itaogbolu forest, Akure, Ondo State, where they recovered 351 kilograms of skunk and its seeds. No fewer than 28,600 capsules of tramadol were seized from a 66-year-old Aminu Usman Gembu when he was arrested at Aliade, Benue state, on Wednesday, April 1.
In Edo State, a suspect, Roland Owie, 37, was arrested on Monday, March 30, following the raid of his warehouse at Egbanke community, Orhionmwon LGA, where 1,378 kilograms of skunk were recovered.
A notorious drug dealer, 40-year-old Ayantola Omodunmomi (a.k.a Iya Elle) was on Wednesday, April 1, arrested at Eleta area of Ibadan, the Oyo State capital. Her arrest follows intelligence and surveillance on how she uses her 11-year-old daughter, Anjola, to deliver illicit drugs to her customers. At the time of her arrest, a 45.6kg skunk was recovered from her warehouse.
By Abba Dukawa
A chieftain of the ruling All Progressives Congress (APC), Mr Abdullahi Mahmud Gaya, reaffirmed his commitment to purposeful leadership, declaring he is not given to making empty promises to the electorate.
The politician, who intends to represent the Ajingi, Gaya, and Albasu Federal Constituency in the National Assembly in the 2027 general elections, stressed that his record of performance over two consecutive terms stands as clear evidence of his capacity and credibility, noting that his tenure has consistently delivered beyond expectations.
According to him, governance should be measured by tangible results rather than rhetoric, and his track record reflects a sustained dedication to the welfare and development of his constituency.
Speaking on Sunday while receiving various support groups at his residence in Kano, Mr Gaya reiterated his resolve to consolidate on past achievements and continue championing policies that will advance the collective interests of his people.
He urged them to return to their respective wards, villages, and towns to enlighten the electorate on the visible developmental strides recorded across the constituency over the past three years under his leadership, emphasising the need for voters to clearly distinguish these achievements from previous representations.
Mr Gaya further stated that there is no retreat in his resolve to contest the seat, stressing that the election is not about personal ambition, but about the collective well-being and continued progress of the people across the three local government areas.
He also urged them to take note that the Electoral Act 2026 outlines two methods through which political parties can nominate candidates, adding that these methods are direct primaries and consensus. Direct primaries involve all registered party members voting to choose their candidates, while the consensus method requires aspirants to voluntarily agree on a single flag bearer.
Speaking on behalf of various support groups, Mr Ismaila Ado, who has benefited from a monthly allowance as a volunteer teacher in one of the schools constructed during his tenure, stated that in addition to the allowance, the politician also facilitated his permanent appointment in the Kano State Ministry of Education.
Also speaking, an elder of the APC in Gaya Local Government Area, Mr Iliyasu Muhammad Gamoji, noted that prior to 2015, the communities of Ajingi, Gaya, and Albasu suffered from years of neglect and slow development.
He explained that when Mr Gaya represented the constituency in the House of Representatives, he did so with a strong commitment and a clear sense of responsibility.
He added that, over time, the lawmaker’s efforts brought tangible progress that positively impacted many lives, noting that roads were constructed, schools were improved, and the communities began to receive renewed attention and meaningful government support during his tenure.
By Aduragbemi Omiyale
The sum of N3.3 trillion has been approved by President Bola Tinubu to finally clear the outstanding debts in the power sector.
A statement issued on Sunday by the Special Adviser to the President on Information and Strategy, Mr Bayo Onanuga, said the “long-standing debts accumulated between February 2015 and March 2025.”
It was stated that the payment plan for the debts under the Presidential Power Sector Financial Reforms Programme should restore reliable electricity to the country.
“Following verification, N3.3 trillion has been agreed as a full and final settlement, ensuring a fair and transparent resolution,” a part of the statement noted.
“Implementation has begun, with 15 power plants signing settlement agreements totalling N2.3 trillion. The federal government has already raised N501 billion to fund these payments. Out of the amount, N223 billion has been disbursed, with further payments underway,” it added.
The statement said, “With payments reaching the power value chain, generation will be more stable. With power plants supported, electricity reliability will improve.”
“This programme is not just about settling legacy debts. It is about restoring confidence across the power sector — ensuring gas suppliers are paid, power plants can keep running, and the system begins to work more reliably,” the Special Adviser to the President on Energy, Ms Olu Arowolo-Verheijen, was quoted as saying in the statement.
“It is part of a broader set of reforms already underway — including better metering and service-based tariffs that link what you pay to the quality of electricity you receive.
“The government is also prioritising power supply to businesses, industries, and small enterprises — because reliable electricity is critical to creating jobs, supporting livelihoods, and growing the economy.
“The goal is simple: more reliable power for homes, stronger support for businesses, and a system that works better for all Nigerians,” she added.
President Tinubu has commended all stakeholders who supported efforts to resolve the legacy issues in the power sector. He has also confirmed that the next phase (Series II) will begin this quarter.
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