Legal experts in business law from West Africa have ended a
week-long workshop in Cotonou, Benin Republic on the process of
examining the compatibility of 15 ECOWAS draft legal instruments with
existing laws of the Organization for the Harmonization of Business Law in
Africa (OHADA).
The 2-8 September 2012 meeting enabled seven Anglophone
legal experts in business law from non-OHADA States to discuss with their counterparts from OHADA signatory countries, focusing on
areas of commercial contract, sale and carriage of goods and the
security of tenure of business premises of foreign and local nationals,
The workshop was held within the regional business law
harmonization project, a process that was started in 1996 by the ECOWAS
Commission in order to ensure the harmonization of commercial and
business laws in the region. The project was discontinued but revived in
2006 before which uniform Acts in this area had been harmonized by OHADA
with applicability in French speaking Member States.
Ultimately, the project will ensure that the legal
instruments are aligned with existing OHADA instruments and contribute to
the creation of a business law environment in the region that is based on
best practices and procedures.
The Acting Director of Legal Affairs of the Commission, Mrs.
Henrietta Didigu explained at the opening of this second workshop that
the objective of the alignment exercise is to “establish a
harmonized business law environment and thus facilitate and promote
intra- and inter-regional trade among Member State,” with the purpose
of deploying them as tools for attracting additional Foreign
Direct Investment into the region.
Since OHADA instruments are already applicable in some
Member States, she said, the Commission is obliged to take them into
account within the process of its harmonization project as they have become
“a vital reference point for the evolution of the ECOWAS Community
Draft
Business Acts, particularly in those areas of law already
existing in the OHADA regime.”
Mrs. Didigu said the project is at a stage “where the
Commission’s consultative team of experts from both OHADA and non-OHADA
zones are helping the Commission to examine the extent of harmony
achieved in the texts that have been produced.”
The inaugural workshop under the exercise was held in April
2012 during which participants examined the Directives on the
Principles of Company Law and related Commercial Entities.
A final text was developed which when adopted would become
the reference for applicable Company Law Principles in the
region.
The outcomes of the workshops will be presented to a meeting
of the Community’s legal experts later in the year, whose
recommendations will be considered by the decision-making authorities of the organization.
Released By: ECOWAS Publicity Arm