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 Adedapo Adesanya
To boost fertiliser production, strengthen food security and advance Nigeria’s domestic gas utilisation agenda, Renaissance Africa Energy Company Limited has signed a 16-year Gas Sale Agreement (GSA) with Indorama Fertiliser FZE for the supply of up to 60 million standard cubic feet of natural gas per day from the Assa North Ohaji South (ANOH) Gas Processing Facility.
The agreement was signed by the chief executive of Renaissance, Mr Tony Attah, and Indorama’s counterpart, Mr Manish Mundra, with both executives describing the deal as a significant milestone in advancing Nigeria’s domestic gas utilisation agenda, industrial development, and agricultural growth aspirations.
“This agreement reflects our commitment to unlocking the value of Nigeria’s abundant gas resources through partnerships that create real and lasting impact,” Mr Attah said, adding: “By supplying natural gas to a major fertiliser producer such as Indorama, we are supporting a value chain that is critical to food security, agricultural productivity, industrial growth, and economic development.”
The agreement will provide Indorama Fertiliser with a secure and reliable source of natural gas to support uninterrupted production and enable the company to meet growing domestic and regional demand for fertiliser products.
The resulting increase in fertiliser availability is expected to contribute to improved crop yields, enhanced agricultural productivity, and strengthened food security across Nigeria and Africa.
Commenting on the agreement, Mr Mundra said the deal was an important milestone for the company in its ambition of supporting Nigeria’s agricultural transformation agenda.
“Reliable access to natural gas is fundamental to fertiliser production, and this long-term arrangement provides a strong foundation for sustainable operations and future growth,” Mr Mundra said. “We appreciate the partnership with Renaissance and look forward to leveraging this collaboration.”
The transaction aligns closely with Nigeria’s Decade of Gas initiative and further demonstrates the strategic role of natural gas in driving industrialisation, supporting manufacturing, enhancing energy security, and enabling economic diversification.
By Modupe Gbadeyanka
About 48 properties linked to the immediate past Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami (SAN), have been forfeited to the federal government of Nigeria.
This was after the Economic and Financial Crimes Commission (EFCC), on Wednesday, July 15, 2026, secured the final forfeiture of the properties, which include Rayhaan University in Kebbi State, including the Rayhaan University Permanent Site, Rayhaan University Temporary Site, Rayhaan University Third Site, the Rayhaan University Vice Chancellor’s House and Rayhaan Radio along Sani Abacha Bypass Road, Birnin Kebbi.
Delivering the judgment yesterday, Justice Joyce Abdulmalik of the Federal High Court, Abuja, held that the EFCC had successfully established that the properties were reasonably suspected to be proceeds of unlawful activities and were not acquired from lawful sources of income.
The court further held that the respondents merely claimed ownership of the properties without providing proof of how they acquired them with funds from lawful sources.
According to the court, non-conviction-based forfeiture proceedings require respondents to adduce evidence showing the lawful sources of the funds used in acquiring the properties, and not merely make bare assertions of ownership.
On January 6, 2026, Justice Emeka Nwite granted the interim forfeiture order following an ex parte motion moved by counsel to the EFCC, Ekele Iheanacho (SAN), and on May 27, 2026, the case was heard before Justice Abdulmalik, who adjourned the matter for judgment yesterday.
The other properties finally forfeited to the federal government are: a luxury duplex at Amazon Street, Plot No. 3011 within Cadastral Zone A06, Maitama District, Abuja (File No. AN 11352); a two-winged large three-storey building situated at No. 3 Onitsha Crescent, Area 11, Garki, Cadastral Zone A03, Abuja (formerly Harmonia Hotels Limited); Plot 683, Jabi District, Cadastral Zone B04, comprising a five-storey building (now luxurious Meethaq Hotels Ltd., Jabi, with 53 rooms/suites); Property No. 3130 within Cadastral Zone A04, Asokoro District, FCT, Abuja, comprising terraces; Property No. 3 Rhine Street, Maitama, Abuja (Meethaq Hotels Ltd., Maitama, with 15 rooms); and Plot No. 1241B, Asokoro District (No. 11A Yakubu Gowon Crescent), Asokoro District.
Others are: Shop No. C52, Citiscape – Shariff Plaza, Plot 739, Cadastral Zone A07, Aminu Kano Crescent, Wuse II, FCT, Abuja; No. 4 Ahmadu Bello Way, Nasarawa GRA, Kano; Plot 157, Lamido Nasarawa GRA, Kano; a commercial plaza comprising commercial toilets, laundering facilities, warehouse tanks adjacent to Birnin Kebbi Market; 100 hectares of land along Birnin Kebbi–Jega Road; and another 100 hectares of land along Birnin Kebbi–Jega Road.
Others are: a four-bedroom bungalow at Gesse Phase II, Birnin Kebbi; Shops Nos. A36 and B3, Vegas Mall, Wuse II, Abuja; No. 26 Babbi Drive, BUA Estate, Abuja; No. 27 EFAB Estate, 5th Avenue, 59th Crescent, Gwarimpa, Abuja; a four-bedroom house with two-room boys’ quarters at No. 10B Doka Crescent, Abakpa GRA, Kaduna; Plot No. 13, IPENT 7 Estate, Karsana District, Abuja; a bedroom duplex with boys’ quarters at No. 12 Yalinga Street, off Adetokunbo Ademola Crescent, Wuse II, Abuja; two warehouse shops B40 and B46, Wuse Market, Abuja; acquisition of twin houses at Zone E, Apo Legislative Quarters, Cadastral Zone B01, Plot 1401, Gudu District, Abuja; and properties acquired by Khadimiyya for Justice & Development Initiative at the Academic Garden City, Birnin Kebbi, sold by the Federal Housing Authority Mortgage, namely: nine units of three-bedroom bungalows, three units of two-bedroom bungalows, and 5.4 hectares of land.
Also forfeited are the Rayhaan Agro Allied Factory in Kebbi State, including the factory buildings, factory machines and plant units, factory mosque, Rayhaan Mill staff quarters, and the Rayhaan Bustan Building, Azbir Arena, Kebbi State, including Azbir Hotel, Printing Press, Gallery, Gardens, Mosque, Azbir Clothing, and Azbir Pharmacy and Supermarket.
Other forfeited properties include the Al-Afiya Energy tanker garage opposite Rayhaan University Health Centre along Sani Abacha Bypass Road, Birnin Kebbi; Rayhaan Security House off Sani Abacha Bypass, Birnin Kebbi; an uncompleted two-storey plaza located opposite Central Motor Park (Eastern Park), Birnin Kebbi; Amasdul Oil and Gas Ltd. filling station structure along Sani Abacha Bypass Road, Birnin Kebbi, near Jambali Automobile Workshop; the assets of Zeennoor Hotel at Kabuga Satellite Town, off Gwarzo Road, Kano, with 131 rooms; Zeennoor Mosque at Kabuga Satellite Town, off Gwarzo Road, Kano; and the old Zeennoor Hotel building.
By Adedapo Adesanya
French President Emmanuel Macron will undertake a state visit to Nigeria later this year in a move aimed at deepening diplomatic, economic and security cooperation between the two countries as it seeks to reset its Africa strategy more towards Anglophone Africa.
French Ambassador to Nigeria and ECOWAS, Mr Marc Fonbaustier, announced the proposed visit during the celebration of France’s National Day in Abuja on Tuesday.
He described the visit as a major milestone in the growing relationship between Nigeria and France, adding that the trip is expected to take place anytime from late September to November. It would come two years after President Bola Tinubu’s state visit to Paris.
Mr Fonbaustier said the meeting between the two leaders would provide an opportunity to assess the progress made under the existing bilateral roadmap and define new areas of collaboration that would deliver mutual benefits for citizens of both nations.
“I am pleased and honoured to announce that, two years after President Bola Tinubu’s state visit to Paris, the President of the French Republic, Emmanuel Macron, will travel to Nigeria for another state visit this fall,” the ambassador said.
“Together, our two Presidents will assess the progress of our roadmap and outline the key elements of our relationship for the years to come. These will undoubtedly be ambitious and mutually beneficial for our two peoples.”
The French envoy said the partnership between Nigeria and France was built on mutual respect and equality, stressing that both countries engaged with each other as partners rather than through interference or imposition. According to him, both governments remain committed to open dialogue, joint decision-making and pursuing shared interests.
He noted that Nigeria and France were working together to promote economic growth, create jobs and improve living standards while protecting the environment, biodiversity and natural resources.
The envoy pointed to recent commercial partnerships involving Carrefour and HyperCity, Accor and Shoreline, as well as Canal+’s acquisition of MultiChoice, saying they reflected expanding economic ties between both countries.
Mr Fonbaustier also praised the initiative spearheaded by Nigerian businessman, Mr Abdul Samad Rabiu, to establish a House of African Worlds in Paris, describing it as another symbol of strengthening cultural and economic relations between France and Africa.
On governance, the ambassador said both countries remained committed to democracy, the rule of law, freedom of expression and equal opportunities, adding that the French Embassy continued to support programmes focused on empowering women, young people and persons with disabilities.
He also highlighted ongoing cooperation in agriculture through the French Development Agency, particularly projects aimed at strengthening food security and improving agricultural value chains across northern Nigeria and the ECOWAS region.
Speaking on security, Mr Fonbaustier said Nigeria and France continued to work closely in tackling terrorism and strengthening regional stability, noting that both countries were supporting efforts to improve the capacity of nations confronting extremist threats across West Africa.
The ambassador further revealed that Macron’s interest in Africa was shaped by his six-month stay in Nigeria as a student more than two decades ago, saying the experience significantly influenced the French President’s vision for Africa and his approach to diplomacy on the continent.
