Team size: Seven

What are the most significant cases and transactions that your legal team has recently been involved in?

The Lafarge Africa legal team has been actively involved in various corporate transactions over the years. Some of these transactions include schemes of mergers, schemes of arrangements, rights issues, and debt restructuring. We have also participated in divestment of ownership and investment, as well as the divestment of Lafarge South Africa Holdings from Lafarge Africa.

Furthermore, we have been involved in the Implementation of the Nigerian Code of Corporate Governance, the renegotiation of Accugas Energy contracts (now known as Savannah Energy), and the FIDIC road and infrastructure construction contract at Mfamosing Calabar.

Finally, our team has been actively engaged in engineering, procurement, and construction contracts, as well as turnkey contracts.

How does the in-house legal function contribute to the overall dispute resolution strategy of the organisation?

The Lafarge Africa legal team adopts and implements three major approaches across its business operations that contribute to the overall dispute resolution strategy of the organisation.

Legal risk workshops are regularly conducted for new employees during induction and on a quarterly basis. Tailored trainings are also provided for existing employees and specific departments as needed. The goal is to educate employees on various risk areas, including emails, letters of demand, claims, complaints, allegations, and other potential legal issues. Employees learn to identify risks and take recommended actions, with an emphasis on contacting the legal and compliance team. Additionally, monthly legal risk teasers are published on the company’s internal communications platform for all employees to enhance awareness.

Secondly, contract management. We have integrated ourselves into every department and the overall organisation, overseeing the structuring, negotiation, and finalisation of all business arrangements and transactions. This involves thorough legal documentation, including contract agreements, formal letters, and letters of agreements, to address and mitigate potential legal risks in each transaction. Dispute resolution clauses are standard within our contract agreements, encompassing amicable resolution by senior managers, informal and formal mediation, and, as a last resort, litigation or out-of-court settlements in certain cases.

Thirdly, collaborate and take ownership. Upon notification of a potential dispute, claim, or demand, the legal team will guide the relevant department throughout the entire process. A designated member of the legal team will investigate the facts, organise cross-functional meetings for input, and align on recommended actions. This includes drafting formal letters, scheduling meetings, obtaining approvals, negotiating resolutions, and ensuring closure of all necessary actions. Knowledge gained from these experiences will be shared in the legal risk workshops.

Could you share an example of a time when you came up with an innovation that improved how your legal team works and did not come at a large expense?

Lafarge Africa was incorporated in 1959 and has been in operation since 1960. Considering the significance and volume of some of its legacy records, it became imperative to implement a document records management system. The legal department, serving as a repository for legal documents, predominantly stored most of the documents in paper format. This practice was inefficient, primarily due to the time required to search and retrieve information.

To address this operational inefficiency, I secured approval for (a) the IT department to establish a dedicated Google Drive folder, independent of employee emails, and (b) outsourcing a third-party company to bring their scanner in-house. I negotiated the terms of the scanning service to be volume-based, with fees tied to the number of documents scanned, serving as both motivation and a performance metric for the provider. Additionally, an Excel dashboard was implemented for easy access to files and folders on the centralised Google Drive.

I have also implemented a practice of including a centralised legal team email in all outgoing emails and storing templates of various documents on the Google Drive folder separate from official emails. This ensures compliance with data protection laws and safeguards company records, preventing potential risks from ex-employees retaining sensitive information in their personal folders The centralised legal email serves as a backup, allowing the legal team to maintain access to crucial records despite employee attrition. These strategies have saved the company the cost of acquiring a scanner and maximised the use of the scanner based on the performance matrix, rather than a fixed sum.

Ultimately, my organisation and team benefit significantly from operational efficiency, regardless of location or personnel changes. The templates stored on Google Drive transform each team member into a mobile legal department, enabling swift onboarding for new counsel. The external Drive ensures document longevity, preserving the company’s records for sustainability and posterity beyond our employments.