Getting the Deal Through – Gaming Nigeria

Getting the Deal Through

In Nigeria, gambling is conducted according to laid-down legislation on gambling that is referred to as ‘lottery’ in most jurisdictions, which collectively determines the types of gambling permitted in the country.

The legal elements of gambling are determined at two levels: nation- ally and individually among the 36 states that make up the Nigerian Federation. Consequently, gambling is defined to encompass different elements of gaming in each legislation. At the national level, the National Lottery Act defines gambling to include ‘any game, scheme, arrangement, system, plan, promotional competition or device for the distribution of prizes by lot or chance, or as a result of the exercise of skill and chance or based on the outcome of sporting events or any other device which shall be operated according to a licence’.

Read more on the pdf below.

https://lawallianz.com/wp-content/uploads/2020/06/LexGTDT_Gaming_2020_-_Nigeria.pdf

Africa’s Gaming Market and the post Covid-19 era

While Africa has avoided as devastating an impact from novel coronavirus (Covid-19) as Europe, North America and Asia, its effects have severely disrupted the continent’s gambling industry. This could provide an opportunity to expand and diversify the industry, writes Yahaya Maikori.

The coronavirus (Covid-19) pandemic is one economic disrupter that was not envisaged by any economists. Before this pandemic, several disease outbreaks such as Sars, Ebola, chicken flu and meningitis have threatened our very human existence. Typically the predictions during every round of the epidemic have been catastrophic for Africa for reasons which range from poverty or poor healthcare to weak infrastructure.

Fortunately, since the 1918 Spanish flu which wreaked global havoc, humanity, armed with science, has been able to contain, and in some cases extinguish, some of these diseases with speed and precision. But this pandemic, unlike previous outbreaks, has brought the global economy to its knees affecting almost every aspect of human and economic activity.

So how has Africa faired during this pandemic? Surprisingly most of sub-Saharan Africa seemed readier to combat the pandemic than most of Europe and North America. Some argue this is connected to Africa’s experience of dealing with similar outbreaks, while others attribute low infection rates to the tropical climate.

Regardless of what the reasons may be, most African countries have decisively put their populace under lockdown. Some have even imposed curfews, which have effectively led to the shut-down of almost every commercial activity.

How have these actions affected the gambling industry in Africa? And what will the industry look like post Covid-19?

Well, gambling was one of the first industries to feel the immediate impact of the pandemic through the indefinite suspension or outright cancellation of sporting events including the much-anticipated Olympics. The global suspension or cancellation of most sporting events has left punters without live games to bet on, aside from re-runs of filmed matches. The knock-on effect is that sports betting, which accounts for most of the industry’s revenue, has crashed to almost nil.

While virtual games are a favourite in certain markets, it is still not a substitute for live games. It is at best a supplementary game. Also, other forms of gaming are not immune  – casinos have been forced to shut their doors to customers, while online gaming even in the best of times seldom accounts for more than 30% of the players.

After two to three weeks of the shutdown, with a possible extension looming, many people have lost their livelihood and they are currently in survival mode. The industry itself, aside from the very few properly capitalised companies, cannot sustain more than a month’s wages if the lockdown continues beyond this period.

With the industry effectively comatose, how would the interplay of these dynamics play out in the post Covid-19 era? First, one should bear in mind that there may be several waves of infection, leading to several rounds of global economic shutdown until a vaccine is discovered.

I foresee a rash of regulatory, policy and legislative activity across the continent to amend online gaming laws, in a bid to block leakages associated with online gambling. South Africa will probably be at the forefront of legitimising online gambling, especially as the casinos – which are significant contributors to the economy – will lose revenue to countries such as Lesotho and Mauritius.

The current situation will likely lead us to two drastic behavioural shifts. First there will be the loss of players as a result of them taking time away from gambling, and even stopping permanently. On the flip side, there will be an influx of economic refugees who need to rely on gambling for income. Depending on how things develop, the net result of these patterns remains to be seen.

For operators which have been locked out of the booming business, this may be the perfect opportunity to introduce and promote games such as poker, esports, online casino, bingo and slots to a market which was fixated with football, and the social experience of retail betting.

Mobile games providers and other non-retail technologies can take advantage of the social distancing policy which has curtailed movement, to catch the attention of the retail market as well as engage its customers in a new channel.

In the last four weeks Europe and North America have witnessed a spike in online gaming – it’s not a stretch to see this pattern replicated in Africa. However, such growth may be slower considering affordability issues related to broadband and smart gadgets.

These concerns notwithstanding, this pandemic may be the tipping point for online gambling in Africa.

The silver lining in all of this is that our industry is not alone in this crisis. It’s a global situation that affects everyone and every industry in one way or the other. The world is entering uncharted territory of which gambling is but a very small cog in the wheel.

Nigerians in the Square Mile – A Guide to Foreign Investments

Nigerians in the Square Mile – A Guide to Foreign Investments

In the last decade, the Nigerian creative industry has become a strong cultural force dominating sub-Saharan Africa and making inroads globally.

For over a decade key institutions like the World Bank and British Council etc have been advocating the growth and the impact of the industry on the Nigeria economy. It was not until in 2014 after the rebasing of the Nigerian economy that the real picture began to emerge; for example, the film industry alone accounted for 1.4% of our GDP (i.e. $7.2Billion), employing over a million people aside from key sectors like music, advertising, software design, design publishing, fashion design, visual arts (photography, painting), performing arts (live music, dance, theatre, DJ), comedy, Audiovisual (Television and Radio), blogging, gastronomy (culinary arts)and Makeupetc.

Read more on the pdf below.

https://lawallianz.com/wp-content/uploads/2020/04/Legal-Guide-to-the-Nigerian-Creative-Industry.pdf

Gaming Law (Chambers)

Chambers Global Practice Guide

Definitive global law guides offering comparative analysis from top-ranked lawyers.

https://lawallianz.com/wp-content/uploads/2020/04/Gaming-Law.pdf

Lagos to become Las Vegas of Africa

Global Gaming Africa has announced plans to co-host the maiden Lagos International Poker Tournament as part of an initiative to establish the city as the Las Vegas of Africa.

To be held in the third quarter of this year the event will be a showpiece event for Nigeria, a region often overlooked on the world poker circuit. “It has been endorsed by the Lagos State Government as part of its initiative to drive tourism as well as grow the untapped casino industry. The industry, which experienced a hit as a result of government’s ban on slot machine importation in the late 1970s’, is gradually witnessing resurgence,” commented Yahaya Maikori, partner at Law allianz.

“For industry pundits the state governments’ endorsement was not surprising as the Governor has never hid- den his dream of making Lagos state the Las Vegas of Africa. To show further support the Ministry of Culture will bring its weight to bare, by organizing guided tours for players to key tourist spots which the famous slave trade market in badagry and cultural shows,” he added.

Independent research shows that poker is incredibly popular in the nation – especially amongst its expatriate communities who play mostly in private.

“The idea of a poker tournament aligns perfectly with the personality of Lagos state, which is now steadily becoming “Africa’s cultural capital” according to the Africa business central,” added Maikori.

Maikori: With ICE Africa, gaming will never be the same

With the maiden edition of ICE Africa proving a resolute success, Yahaya Maikori, partner at Law Allianz and founder of Global Gaming Africa (global advisors to Clarion Events), explains how Clarion came to choose Africa as the second market to push its flagship brand in – and how gaming on the content will never be the same again.

It was December 2015. Holed up in the Hilton Paddington I was working feverishly with some colleagues on delivering gaming regulations meant for an African jurisdiction. The lead consultant, Mario Galea (the pioneer regulator for the Malta Gaming Commission) at some point made mention of ICE – describing it as “Europe’s largest gaming event” held annually in London.

I had never heard of it before. But having just successfully co-hosted the first industry event in Lagos, Nigeria – the Sports Betting West Africa Summit – my curiosity was piqued and I logged onto the ICE website. I noticed that, despite the apparent growth of sports betting on the continent, the agenda had nothing on Africa. Spotting an opportunity I sent a mail proposing that I speak about Africa on one of the sessions at the up coming 2016 ICE London event, which was shortly followed with a call in which I was asked to justify to the organizers the viability of such a participation.

So from speaking at ICE to working together to set up a first panel on Africa at WRB Berlin, my company – Global Gaming Africa – entered into an agreement with Clarion to help in its African expansion.

We started with hosting the World Regulatory Briefing (WRB) in Lagos in 2016, then Nairobi in 2017, because we figured that Africa’s biggest challenge was how to regulate the industry. Soon after these two events Clarion Events brought in the host of the Gaming Indaba to further assist with the “Gaming in Africa” event held in Johannesburg last year. Evidently “Gaming in Africa” was used to test the market.

While I can’t speak for Clarion Events or advance reasons on why and at which point they decided to transmute from their previous branded African events, to host- ing their most prestigious event there, one thing is certain: as with any successful commercial venture on this continent, the decision was taken after extensive consultation and market research.

Time has told that Clarion’s Africa move was a perspicacious one. Since our first collaboration, the industry in Africa has grown in leaps and bounds. The growing interests have started to stimulate investments in some of the key African markets – our law firm alone has handled three acquisitions this year.

The quest for knowledge by regulators and the various arms of government is indicative of the changing attitude towards gambling in Africa.

Some of the highlights of the maiden edition of “ICE Africa” included the unveiling of John Kamara (Co–Founder of Global Gaming Africa) as its Ambassador.

Hosting the event in the Sandton Convention Centre (SCC) was good for branding and positioning of the event as SCC is known to host some of the largest and most prestigious events in Africa. The two day exhibition comprised a products and services showcase, co- located ICE VOX-style conference pro- gramme and world class training and staff development modules, solutions from leading gaming brands and extensive networking opportunities.

ICE Africa witnessed over 2,000 participants during the event – not bad for a maiden event, especially when compared to SiGMA or even the 30,000 yearly participants at ICE London, which have taken several years to grow.

There was also a wealth of exhibitors and gaming professionals looking to source products and/or service solutions, covering all sectors: betting; bingo; casino; lottery; mobile; online; payments; social; sports betting, and street and others.

With ICE Africa, gaming in Africa will never be the same. The journey of Clarion Event’s foray into the African gaming market is definitely a good template for European companies trying to enter the African market.

ICE Africa Champion Yahaya Maikori shines a light on the industry

For the second edition of ICE Africa this October, Clarion Gaming has launched a new initiative designed to champion key gaming jurisdictions on the continent. Ahead of this year’s show, Yahaya Maikori, partner at Law Allianz, a law firm covering South Africa and Nigeria discusses key regulatory issues facing the regions…

 

As one of this year’s ICE Africa Champions, what are your aims ahead of the event and in particular with reference to Nigeria?

Maikori: I partnered with Clarion to co-host its’ first event in Africa which was the World Regulatory Briefing (WrB) first held in Lagos, Nigeria and subsequently Nairobi, Kenya before it morphed into ICE Africa. My aims haven’t changed much over the years. I have been trying to showcase the industry opportunities in Nigeria specifically and Africa as a whole.

Why do you feel it’s important for gaming interests across Africa to have a professional rallying point such as ICE Africa?  

Maikori: ICE Africa is definitely a game-changer for the industry because it creates a professional market place, gives African’s a voice and a platform to share their local experiences with a view to improving cross-border business especially in terms of remote gaming. Also, with the coming in to effect of the African Continental Trade Agreement, regulators will have to explore how the treaty will affect their local markets and whether to adopt a uniform or common regulatory framework and what the trade-offs will be in order to align with the goals of the treaty.

Can the economic impact of responsible gambling be used to improve public perceptions of the industry? 

Maikori: The negative perception of gambling has roots in long held religious believes although I think there is a gradual change taking place.  From being seen as ‘sin, it’s now viewed as a ‘vice’ and in some developed countries, it’s perceived as pure entertainment. I think that regulators need to strike a balance between what is acceptable and what is unacceptable in order to create public confidence. Just to elucidate, the economic impact of revenues from gaming needs to be advertised while infractions by operators must be severely punished.

You’re taking part in the Next Step in the Regulation panel at this year’s event – from a legal perspective what do you see as the major pitfalls for operators in terms of compliance?

Maikori: Majorly I think that operators coming from properly regulated jurisdictions – who I believe should know better – have tried try to cash in on the lax regulatory framework across Africa instead of taking the initiative to implement industry best practices. I think that the current situation in Kenya was avoidable and we are beginning to see the backlash.  If the industry isn’t careful, I foresee similar responses across most of east Africa.

As one of the leading law firms focused on gambling/gaming in South Africa and Nigeria, what do you think other regions can learn in terms of how African gaming can progress?

Maikori: What I have noticed is that regulators in some African countries treat knowledge or expertise in gaming as the exclusive preserve of Europeans, thereby refusing to compare notes or seek assistance from their local colleagues. The reality is that some of the jurisdictions are way ahead and have a lot to teach their colleagues considering Africa’s socio-economic situation and the people’s sensibilities which are similar.

As an ICE Africa Champion you will be assisting with research into data about geographical engagement ahead of the event, are there any sectors you’re particularly interested in researching? 

Maikori: Yes I am particularly interested in Esports, why the global growth hasn’t quite caught on in Africa like sports betting, what the challenges are and how the continent can tap into it.

ICE Africa (2-3 October, Sandton Convention Centre, South Africa) provides an invaluable opportunity for operators, regulators and suppliers to meet, network, share best practice and see the very latest gaming products and services from 70+ of the industry’s leading innovators.  Described by industry observers as ‘A showcase event that Africa can be proud of’ attendees will benefit from a programme of engaging content including Thought Leadership, Training, Regulation, Online vs. Retail, Integrated Resorts, Branding, Marketing, Sports and eSports.

For more information on all of the opportunities available at gaming’s only B2B pan-African event and to register, visit: www.iceafrica.za.com

THE NIGERIAN CREATIVE ECONOMY: ITS HISTORY TO DATE AND CURRENT TRENDS

KEYNOTE/POSITION STATEMENT DELIVERED by YAHAYA MAIKORI [Partner LawAllianz ]

AT THE EUROPEAN UNION NATIONAL INSTITUTES OF CULTURE’S CLUSTER REGIONAL MEETING

ON THE 11TH DAY OF OCTOBER, 2012

The honorable Commissioner of Tourism, Lagos State, the EUNIC president and EUNIC Cluster representatives, the Director General, Nigerian Film and Video Censors board, the Country Director of the various foreign cultural organizations, my fellow speakers, ladies and gentlemen. It is a great honour for me to be delivering the Keynote at this very special occasion, in honor of the Nigerian creative industry.

According to the UNCTAD creative report “Usage of the term “creative industries” varies among countries. It is of relatively recent origin, emerging in Australia in 1994 with the launching of the report, Creative Nation. It gained wider exposure in 1997, when policymakers at the United Kingdom’s Department of Culture, Media and Sport set up the Creative Industries Task Force.

The designation has since broadened in scope beyond the arts and has marked a shift in approach to potential commercial activities that were not previously regarded purely or predominantly in non-economic terms.

For the purposes of this address, I will be adopting the formal classification of the Creative Industries, as developed by The United Nations Development Program (UNDP). According to this classification the Creative Industries comprise four key segments as follows:

First is Heritage: which include traditional cultural expressions, arts and crafts festivals and celebrations. Heritage also includes Cultural sites, museums, libraries and exhibitions.

Next is the Arts: these include visual arts, paintings, scultpture, photography and antiques as well as performing arts i.e live music, theatre, dance, opera and circus.

Thirdly we have Functional Creations: including, interior, fashion and graphic design among others. It also includes new media such as video games, soft ware, e books and other digitalized creative content.Fourth under the UN classification of Creative Industries is Media: this covers publishing and print media, books, press and other publications, films, television, radio and other broadcasting media.

I highlight these just to put a context into our discussions of the Creative Industry.

In the past decade, the Creative Industries have moved further towards the center stage in terms of its recognition as a major driver of socio-economic and cultural development of Nations and as well it should be, as creativity can also be defined as the process by which ideas are generated, connected and transformed into things that are valued.

The major drivers responsible for the extraordinary growth in the creative industries worldwide can be found in both technology and economics. The technological transformations in communications brought about by the digital revolution and the economic environment within which this revolution has taken place have combined to create the conditions for this growth. The convergence of multimedia and mobile telecommunication technologies has led to an integration of the means by which creative content is produced, distributed and consumed and has in turn fostered new forms of artistic and creative expression.

Over the period 2000-2005, international trade in creative goods and services experienced an unprecedented average annual growth rate of 8.7 per cent. However, African countries account for only 1% of this global export .

The Nigerian Creative Economy can be traced back before the advent of Colonialism, before the very constitution of Nigeria as it is currently configured. Nok, Terra Cota 500BC – 200AD and Benin Carvings proved to be both culturally and commercially viable both within and outside the shores of Nigeria. This however evolved in silos of creativity, which in themselves were highly fragmented and have largely remained so.

The first time there was an organized gathering with a focus on the creative industries in Nigeria was in 1977, during the Festival of Arts & Culture or FESTAC celebration. Ever since then the industry has more or less evolved in a largely unstructured manner.

The current explosion is ignited by an ongoing renaissance, fueled by the quest for cultural identity, driven by a youthful population who are creatively inquisitive and sustained by the digital, technology and telecoms revolution.

Unemployment is also one of the subtle catalyst of this industry.

FILM

The Nigerian film industry, which is euphemistically known as “Nollywood”, is known to be the most prolific film industry in the world. In 2005 according to World Bank figures officially overtook both Hollywood and Bollywood to become the 3rd largest film industry in terms of the number of films produced on a yearly basis. Following closely to Nollywood is another emerging and relatively unknown film industry called “Kannywood” coming from the Northern part of the country – this industry seems poised to surpass that of Nollywood.

Nollywood is reputed to have started totally be accident with a film called “living in bondage” 1992 by NEK Video Links owned by Kenneth Nnebue in the eastern city of Onitsha. Nnebue had imported a large number of blank video cassettes that he could not sell and came up with the idea of recording something on them to make them more marketable. The huge unexpected success of this film set the scene for others to produce similar films or home videos

Before these film makers we had the likes of Herbert Ogunde ,Eddie Ogboma to name a few.Typically a Nollywood film is shot within 15 – 20, days on location, with an average budget of $30,000 and it is released straight to DVD.

The film industry which has the most potential in terms of financial benefits has unfortunately had the least returns for reasons which I will highlight shortly – it is however pleasing to see a gradual shift in Nollywood’s value chain. Instead of a straight – to – DVD release, a new crop of movie directors have started targeting cinema releases both as an anti-piracy measure and as a means of trapping new revenue streams.

“Ije” is a case in point, shot with a budget of $1,500,000, it premiered in Europe ,USA and made about $100,000 in box office receipts alone . The movie shot on 35mm, has already made headway, winning several awards which include Excellence in Filmmaking (Canada International Film Festival and Hawaii International Film Festival) etc Since this film a host of other films have taken this new route.

MUSIC

Nigeria music has several genres which include highlife, afro beats, apala, juju, fuji etc but the music consumed by Nigerians then were predominantly foreign music i.e. R N B, pop ,reggae which were promoted by such international record companies such as Sony music, EMI ,polygram etc until piracy drove them away ;suffice to say that between the 60 – late 80s Nigeria had a thriving music industry – Our industry was actually acknowledged by no other person than Richard Branson in his biography “Like  a virgin”.

During that period Nigeria produced its biggest indigenous export – Fela Anikulakoputi (know for Afro beats), Sunny Ade during that period garnered 2 grammy nominations until Femi Kuti recent nominations.

For another decade the industry lay fallow with the disappearance of these record companies, until a company called KENNIS music signed a group of artists called The Remedies in 1999. This group basically fused as well as experimented with various indigenous Nigeria, African and popular foreign genres like hip hop while singing and rapping in pigeon English. This along with cheap CD duplicating plants signaled the emergence of Nigeria’s contemporary music.

The music has now come to been known as “Afro beats “ and it is widely available all over Africa and Europe and but unlike Nollywood its is known for its high quality production values and its commercial appeal. It is not unusual to hear Nigeria music being played in Selfridges or any of the FM stations in UK or the streets of Monaco.

As more of Nigerian music finds its way to such global platforms, Lots of Nigerian artists are snacking up international recording deals with companies like the Universal Music Group as well as getting the deserved recognition with such international wards like the BET,MTV Europe, MOBOs etc Touring Africa, Europe and America has become part of the schedule of most successful Nigerian artists.

Afro beats contributes about 50 % of the African content on such cable channels as Trace Tv, Channel O,Mtv Base Africa.

FASHION

From time immemorial clothing was solely used for covering up of the body and for protection from heat or cold or other environmental factors.In Africa, apart from the use of clothes for decoration of the body, the body was equally adorned with painting, tattooing or by the wise use of jewelry.

In recent years several fashion houses are emerging with designs and creations done with local fabrics and materials like batik ,tie and dye,adire,Aso Oke with embroidery for western designs, contemporary interpretation of old traditional wear .head gears like gele ,Jewelry like coral beads ,stones ,precious stones Labanella ,Olujimi King , Olujimi King was one of the very early designers who started using African fabrics for contemporary styles.

At a time, when many were still using the ankara and aso-oke for traditional iro and buba, he was already making jackets, waits coats, modified buba – and sokoto to suit international markets.

The industry I broken into pret a porter, fashion institutes, haute couture, though high street fashion is yet to develop. This is the prestigious Arise Fashion show which have been staged in during the New york fashion where Nigerians have exhibited at major fashion shows across the world ,this year a fashion label Jewel by Lisa was selected by Vogue italia to participate in its “who is next” talent hunt – It’s not unusual to see Hollywood stars adorning fashion pieces from Nigeria designers.

While these three sectors do not represent the whole industry they are key drivers of the Nigeria Creative industry ,they do not only symbolize the trends in each of the other sub sectors but they are the pillars on which the rest of the sectors revolve around i.e photographers ,media ,graphics,designs etc .

CHALLENGES

So what are the challenges of the Nigeria Creative industry? Irrespective of the sector it appears that their challenges are similar and only vary by context

1.Piracy /LACK OF APPRECIATION OF INTELLECTUAL PROPERTY RIGHTS

During the 1980s many international record labels such as Polygram and EMI decided to leave Nigeria due to rampant piracy coupled with the availability of new data storage technologies (e.g. Compact Discs, Digital Video Discs contrasted to Audio Cassettes) which provide an easy opportunity for unlicensed individuals, to copy and mass produce songs and movies etc.

Most Intellectual Property right owners do not appreciate the value of their rights and therefore unable to protect or enforce their rights; the enforcement agencies and even pirates and other types of infringers do not understand the philosophy behind Intellectual Property.

Though the last time the Copyright Act was reviewed was about 10 years ago, it is strong enough to provide the protection and enforcement tools required by IP owners.

Also the perceived weakness of the Nigeria Copyrights Commission is changing – in the last one year the commission has secured 27 convictions against pirates, now this is a positive development when juxtaposed with the 3 convictions recorded previously by the commission.

Furthermore, The Nigeria Copyright Commission is about to launch its copyright reforms roadmap next month.

2.ACCESS TO FINANCE

The industry has almost no access to formal financing mechanisms. The independent, self- employed producers generally re-invest the revenues earned from one film for the next one. Due to the unpredictable nature of the profitability of a film, banks and other financial institutions do not have models for assessing the creditworthiness of these projects. This significantly hampers the growth of the industry and discourages producers from innovating and pushing the boundary in terms of quality.

The intangibility of the Intellectual Property rights makes it difficult for financial institutions to collateralize.

Recently, the Federal Government of Nigeria in a show of recognition of the potential benefit of the industry set up the $200,000,000 entertainment intervention fund to help drive the industry, the fund is yet to make any impact as the disbursing banks have insisted on tangible assets as collateral thereby negating the intention of the fund.

3. DISTRIBUTION:

Proper and credible distribution channels are almost nonexistent. This prevents the industry from reaping its full financial benefit. At the moment there are few formal distribution channels accessible to consumers and this applies to all of the above sectors.

For example Nigeria is home to only a few formal cinemas in a few major cities which predominantly cater for international releases, 99 percent of screenings are therefore in informal settings therefore box office receipts remain marginal. According to the NFVCB, there are 6,8412 registered video parlors with a further 200,000 unofficial parlors

The quality of most Nigerian movies do not to qualify for screening in such cinemas.

Note however alternative digital distribution platforms are emerging from indigenous entrepreneurs like Iroking, spinlet and google /youtube has also been at the forefront of providing online platforms

4. QUALITY:

Poor and low quality standards, low budget of an average of 30,000 per film and short production times. The vast majority of Nigerian movies are not produced in studios and the duration of shooting generally ranges from 10 to 20 days. So the entire process of making a film is usually completed within 4 to 5 weeks. Most films are shot on location all over Nigeria with hotels, homes and offices often rented out by their owners and appearing in the movie credits. Using such locations it is very difficult to provide quality sound and lighting. Shooting is often also restricted by the other activities that are going on at the location.

5.MONETIZATION OF CONTENT /PRODUCT

It is reported that Nigerian movies are widely shown all over the African continent on national broadcasting networks without payment of any royalties to the original filmmakers.

What about music? The same applies, while our music is played all over Africa and Europe no royalty has accrued to the artists.

Fortunately, Copyright Society of Nigeria, which was recently licensed, has already started generating revenue for musician and the Copyright Commission is about to license the first audio – visual Collection Management Organization in Nigeria.

Several other revenue streams remain untouched in this industry, Until the industry can capture a greater proportion of the revenue streams it will be consigned to making low-budget, low-quality productions and will not have the ability to scale-up its operations and provide a larger number of well-paid jobs for Nigeria’s youth.

6.LACK OF RELIABLE DATA

Of all the challenges highlighted above, this remains the most critical of all, without reliable data any projections or interventions in the industry make the exercise mere conjecture and guess work.

I am however aware that the British council with the support of some local institutions have commenced the process of mapping our creative industry.

7. $200,000,000 GOVERNMENT INTERVENTION

While this intervention was a good initiative ,the government did not address the multifaceted problems bedeviling the industry and it ended up been a good government gesture.

I have tried as much as possible to highlight (without going into to much details) a brief history, trends and the accompanying challenges in the Nigeria creative industry.

There is no doubt that the Nigerian Creative Industry has come a long way, and I applaud the efforts of cultural organizations such as the British Council, Goethe Institute & Alliance Francais.

While the journey ahead of us may be long and tedious, we shall console our selves with the Chinese proverb which says that “the journey of a thousand miles starts with one step” .

Without pre-empting the direction of this discourse I will need to quickly add the following for your information:

–       Nigeria is estimated to have a population of 167,000,000

–       70% of the population are under the ages of 30 (demographic asset )

–       Youth unemployment accounts for about 25% – 40% of the working population depending on the states

–       Nollywood alone employs about 1,000,000 direct and indirectly (next only to agriculture)

–       The creative industry accounts for 5%GDP out of the 11% of non oil exports

–       Because of the poor structure it is estimated the the creative industry is loosing about $200,000,000 in North America and Europe each

–       There are a 100,000,000 active mobile subscribers,7 million Facebook users and ranks 31 Facebook statistics (according to country usage (social bakers),

 

In closing, I will like to wish us all a very productive time out; I have seen the lineup of speakers, I am very expectant and am sure we are in for a very insightful session today. It is my hope that we will move this beyond just highlighting the action points to actually taking action within our various spheres of influence.

Thank you once again for having me.

God bless.

AFRICA REGULATORY ROUND-UP – IS THERE A CASE FOR A PAN-AFRICAN GAMING REGULATION?

As the African market continues to attract the attention of international operators, there is a growing demand for pan-African regulation, writes Yahaya Maikori. Whether that is justified, or indeed possible, remains unclear.

The sentiment in this article’s headline is borne directly from the European experience. If such a proposition is not remotely possible in North America, or even Asia, why is it being called for in Africa? Why should an entire continent be subject to a single regulatory framework?It’s borne out of ignorance, when everyday conversations can include phases such as “I am going to Africa” or “I have never been to Africa”. The continent is not a single entity.

The term “Africa” conceals much of the continent’s diversity and paradoxes. For example, there is different jurisprudence governing the various legal systems of the 54 African nations. North Africa, comprising seven countries, is primarily based on Islamic law, which is morally against gambling.

In Egypt, for instance, gambling is banned outright, though for tourism purposes they have made exceptions to allow foreigners to patronise casinos, while sports betting thrives illegally. Morocco, though a Muslim country, surprisingly allows almost all forms of gambling. Perhaps the country’s mixture of Islamic, European and African influences, coupled with a thriving tourism industry, accounts for this tolerance.

Though both Egypt and Morocco share a common jurisprudence, its application in each country is very different. As liberal as Morocco may seem to be, I doubt that it will ever legislate for the gambling industry. In West Africa, only five members of the 17 Economic Community of West African States (ECOWAS) speak English as their official language. The rest are predominantly French, sprinkled with a few Portuguese and Dutchspeaking countries. Though intended to create a regional market, poor transportation connections, substandard implementation of the various protocols and inadequate communication arising from language barriers has substantially hampered intraregional commerce between the member countries.

Ordinarily, language shouldn’t be a barrier for trade in contemporary times, but in Africa languages have deeper cultural, social, moral and traditional significance compared to Europe, which can derail such initiatives.

A cursory look at the various markets also indicates that legislative activity seems to grow along the same direction as their most active sub-sectors to the exclusion of the less vibrant ones.

For clarity, South Africa probably has the most mature gambling market on the continent. Yet despite the surge in payment providers and online gaming it has refused to address remote gambling in its current draft law.

In Nigeria, online sports betting is recognised though it is yet to be regulated, but since sports betting has grown exponentially other sub-sectors, such as casino and slots (which were a big thing barely 30 years ago), have been neglected.

In any case, since the gambling sector’s significance is only just becoming apparent in most economies, it is yet to be recognised as an industry that warrants most African governments’ attention.

Having considered these challenges are there any viable vehicles for the advancement of this proposition?

Perhaps African Union’s new initiative, the Africa Continental Free Trade Agreement (AFCTA), which seeks to organise Africa into one market, has the capacity to provide a vehicle for such an effort.

The African Union has shifted its focus from addressing Africa’s political challenges to addressing its economy, which is projected to be worth $5tn when properly harnessed.

Intra-African commerce is currently estimated to comprise 15% of the continent’s trade, compared to Europe’s 71%. Not even the growth of ecommerce has improved intracontinental trade – a result of the fragmented nature of the continent’s economy and its infrastructural deficits, especially in information and communications technology.

The African Union’s initiative provides some hope but there are already fears on how to harmonise Africa’s heterogeneous economies, especially those with the largest income disparities.

While opportunities for ecommerce are at the forefront of the ongoing negotiations, the reality is that the journey has just begun and gambling will not be a priority in those talks.

With this situation we are left with probably one likely vehicle: the Gaming Regulators Africa Forum (GRAF) – a platform for African regulators. Hopefully, it may be able to provide a possible solution by ensuring uniformity of regulation among all its members.

Uniform regulation across most of Africa, though far from the ideal proposition, provides at least some clarity as to what to expect in most African markets in terms of licensing and taxation, as well as legal certainty for operators.

Perhaps this is the first step towards establishing some form of pan- African regulation.

African Regulatory Round-up: Pan-African Regulation

As the African market continues to attract the attention of international operators, there is a growing demand for pan-African regulation, writes Yahaya Maikori. Whether that is justified, or indeed possible, remains unclear.

This sentiment is borne directly from the European experience. If such a proposition is not remotely possible in North America, or even Asia, why is it being called for in Africa? Why should an entire continent be subject to a single regulatory framework?

It’s borne out of ignorance, when everyday conversations can include phases such as “I am going to Africa” or “I have never been to Africa”. The continent is not a single entity.
The term “Africa” conceals much of the continent’s diversity paradoxes. For example, there is different jurisprudence governing the various legal systems of the 54 African nations. North Africa, comprising seven countries, is primarily based on Islamic law, which is morally against gambling.

In Egypt, for example, gambling is banned outright, though for tourism purposes they have made exceptions to allow foreigners to patronise casinos, while sports betting thrives illegally. Morocco, though a Muslim country, surprisingly allows almost all forms of gambling – perhaps the mixture of Islamic, European  and African influences, coupled with a thriving tourism industry, accounts for this tolerance.

Though both countries share a common jurisprudence, its application in each country is very different. As liberal as the Morocco may seem to be, I doubt that it will ever legislate for gambling industry.

In West Africa, only five members of the 17 Economic Community of West African States (ECOWAS) speak English as their official language. The rest are predominantly French, sprinkled with a few Portuguese and Dutch-speaking countries. Though intended to create a regional market, poor transportation connections, poor implementation of the various protocols and poor communication arising from language barrier has substantially hampered intraregional commerce between the member countries.

Ordinarily language shouldn’t be a barrier for trade in contemporary times, but in Africa languages have deeper cultural, social, moral and traditional significance compared to Europe which can derail such initiatives.

A cursory look at the various markets also indicates that legislative activity seems to grow along the same direction as their most active sub-sectors to the exclusion of the less vibrant ones.

For clarity, South Africa’s probably has the most mature gambling market on the continent. Yet despite the surge in payment providers and remote gaming it has refused to address remote gambling in its current draft law.

In Nigeria, online sports betting is recognised though it is yet to be regulated, but since sports betting has grown exponentially other sub-sectors such casino and slots – which were a big thing barely 30 years ago – have been neglected.

In any case, since the gambling sector’s significance is only just becoming apparent in most economies, it is yet to be recognised as an industry that warrants most African governments’ attention.

Having considered these challenges are there any viable vehicles for the advancement of this proposition? Perhaps African Union’s (formerly known as the Organization of African Unity), new initiative, known as the Africa continental free trade agreement (AFCTA) which seeks to organise Africa into one market, has the capacity to provide a vehicle for such an effort.

African Union (AU) has shifted its focus from addressing Africa’s political challenges to addressing its economy, which is projected to be worth $5tb when properly harnessed.

Intra-African commerce is currently estimated to comprise 15% of the continent’s trade, compared to Europe’s 71%. Not even the growth of ecommerce has improved intra-continental trade – a result of the fragmented nature of the continent’s economy and its infrastructural deficits, especially in information and communications technology.

AU’s initiative provides some hope but there are already fears on how to harmonise Africa’s heterogeneous economies, especially those with the largest income disparities. While opportunities for ecommerce are at the forefront of the ongoing negotiations, the reality is that the journey has just began and gambling will not be a priority in those negotiations.

With the above situation we are left with probably one likely vehicle, the Gaming Regulators Africa Forum (GRAF) – a platform for Africa regulators. It may hopefully be able to provide a possible solution by ensuring uniformity of regulation amongst all its members. Uniform regulation across most of Africa, though far from the ideal proposition, provides at least some certainty as to what to expect in most African markets in terms licensing and taxation, as well as legal certainty for operators.

Perhaps this is the first step towards establishing some form of pan African regulation.

Yahaya Maikori is the senior partner of Law Allianz, a leading African gaming and entertainment law firm. He also co- founded Global Gaming Group, a business that has advised regulators, companies, and startups across key markets in Africa’s growing gaming industry.