Team size: Seven

Nkemdirim (Nkem) Agboti has two decades of experience in Business Law, furthermore she is an accredited mediator, chartered secretary, and aspiring arbitrator. Currently, she serves as the head of legal and corporate affairs at Seven-up Bottling Company. Earlier in her career, she gained valuable experience at Olaniwun Ajayi, British American Tobacco, and UAC of Nigeria. Nkem also operated independently as ‘Amber Solicitors,’ catering to key clients in the FMCG, banking, professional services, and logistics sectors.

Nkem is a regulatory compliance expert with a key role in developing the 2014 Cigarette Standards for the Standards Organisation of Nigeria. She engages with government bodies, such as ministries, departments, and agencies, and contributes to legislative hearings on industry bills at both the national and Lagos State levels. Nkem also collaborates with various organisations, including the National Office for Technology Acquisition and Promotion, the Nigerian Customs Service, and the National Agency for Food and Drug Administration and Control, to ensure regulatory compliance for her employers.

Nkem is dedicated to public service, lending her efforts to the Nigerian Bar Association (NBA). She served as the secretary for NBA Lagos Branch Law Weeks (2017-2019) and as a council member in the NBA Section on Public Interest and Development Law. Nkem has also been involved in the annual Lagos State Settlement Week three times and holds a position on the Governing Board of The Lagoon School in Lekki, Lagos State.

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

In 2023, we guided the company in creating the Pepsi Music Academy (PMA) in partnership with Empire Distribution, the largest independent record label globally. PMA is a prominent initiative fostering the development of emerging artists, offering education, exposure, and entertainment. The top three PMA participants will additionally be granted recording agreements with Empire. This initiative reflects SBC’s dedication to contributing to society through the promotion of sports, music, education, and a sustainable environment.

We advised on the necessary agreements supporting the initiative and the partnership with Empire. This involved addressing intellectual property rights, outlining specific roles and responsibilities for both parties, establishing application screening requirements, identifying potential risks, and implementing solutions. Most importantly, was the establishment of means and structures to protect the work and well-being of participating artists at every stage of the project.

As an accredited mediator, I emphasise resolving disputes outside of court. Over the past year, our team has successfully resolved nearly every referred dispute, spanning leases, intellectual property, and labour law, without resorting to litigation or arbitration. We proactively prevent the company’s exposure to litigation risks and, when summoned to court, have used documentation to compel claimants to drop their claims or prompt the court to dismiss their claims.

As a general counsel, how do you anticipate and prepare for potential legal and regulatory challenges that may arise, particularly in light of emerging technologies and evolving business landscapes?

In a growing legal landscape, ongoing education, a robust professional network, and staying updated on legal regulations are key. With AI and abundant online information, the need for discretion is higher than ever. Carefully crafting clauses in contracts, especially regarding data protection, intellectual property, and dispute resolution, is essential. IT policies also require careful consideration in both drafting and implementation. Furthermore, companies should not underestimate the value legal advice on how information is generated, shared, and stored.

In your role, how do you balance the need to protect the organisation’s interests today while also considering legal implications and opportunities that may arise in the future?

Once you are convinced there is a solution to every problem, it becomes easy to support your company in structuring initiatives that will age well from a legal risk perspective. If the company is ready to listen and work with legal, the balance can always be struck. As someone dedicated to working in-house, I would not serve a company that did not value the advice that its counsel offers, because our advice is key.

How have you attempted to bring the legal department closer to your business colleagues?

I learned early in my career, at British American Tobacco, that ‘Legal Means Business’ (LMB). I was trained to understand that in-house lawyers are professionals at the heart of the business and since I have always carried this philosophy with me. We demonstrate LMB by ensuring we understand the business and by showing as much concern for commercial success as the managing director. We ensure that our solutions enable rather than disable. This is how the legal function earns and maintains its seat at every table within the organisation.