Kamo Sende is a qualified Nigerian lawyer currently pursuing his PhD at Robert Gordon University, Aberdeen, Scotland. His doctoral research focuses on trade liberalization, sustainability, and food security.
Find out how this exceptional lawyer, with an LLM in Law and International Commercial Law, transitioned into becoming an advocate for small-scale farmers in the Global South.
I would like you to introduce yourself to our audience and readers.
My name is Kamo Sende, and I’m a Nigerian-qualified lawyer with seven years of post-call experience. I’m currently pursuing a PhD in Agri-trade Law and Policy.
My research is focusing on international trade law, sustainability, and food security for small-scale farmers in the global south. The geographical scope of my research is Nigeria and Mexico.
I hold an LLM in Law and International Commercial Law from Robert Gordon University, Aberdeen, where I’m also currently pursuing a PhD.
My professional background includes roles in compliance, and I am also the managing partner of a law firm; SBL Solicitors and Advocates. I am passionate about international trade, commercial law, and, basically, environmental issues.
Outside of my academics, I am actively involved in volunteering in my niche area, which is law and environmental issues. This, I think, allows me to give back to my community.
Extracurricularly, I like to play badminton.
Can you give us an overview of contract and corporate law and how it impacts businesses?
As I said, my area has basically been corporate and contract law. Corporate and contract laws form the foundation of business operations.
Contract Law governs the negotiations that people go into daily on how they want to transact and do business. It is the framework for negotiations and transactions, defining how parties conduct business together. Essentially, every business relies on contracts to exist – from simple contracts to complex partnerships.
Corporate Law on the other hand regulates the formation, governance and dissolution of corporate entities. It sets the tone for how companies are structured, managed and held accountable.
Together, I think these two domains do not just impact businesses – they drive them. They provide the necessary structure for businesses to operate efficiently, manage risks and pursue opportunities.
How about small-scale businesses that have no contract written down and are just into the business of buying and selling? What role does contract law play in those types of businesses?
Let me first say not every contract has to be written to be binding. Contract law plays a crucial role even in small-scale businesses that buy and sell without formal agreements. I think this is an area where people often misunderstand the whole idea of a contract. The whole idea of a contract is the agreement made. In many jurisdictions, it does not have to be written.
I practised law in Nigeria, and I’m currently in the process of qualifying to practice in Scotland as well – and in these jurisdictions as in most in the world, contracts don’t necessarily have to be written before they are valid. So the whole idea of a contract significantly for businesses is to provide legal protection for them, that’s why I said it’s more like a driving force of the business.
Suppose you are a small-scale business owner and you want to go into contract. In that case, the whole thing you are looking out for is to get protection for yourself, to get clarity and certainty for your business, to try to create a manageable management system, and to do general planning for your business. These contracts do not necessarily need to be written down.
These oral contracts can be as binding as the written ones although I must note that they are more challenging to prove in case of a dispute. However, small businesses rely on these contracts for their day-to-day operations.
To illustrate in my niche area; small-scale seed producers or GMO developers may enter into partnerships with larger corporations to protect their innovations. These contracts, whether written or oral, will create legal protection for intellectual property, clarity on business relationships and confidentiality safeguards.
In essence, contracts, oral or written, are essential to businesses of all sizes as they do not just provide a framework for transactions but also ensure the protection of interests.
Since you said a contract does not necessarily need to be written, what about a situation where a party goes back on a contract that is unwritten? Can you still go to court and get a win for a contract that is unwritten?
Yes, you can still go to court and potentially win a case for an unwritten contract, but it presents challenges. In Nigeria, where I’m from, and in Scotland, where I am currently, unwritten contracts are legally binding. However, there’s an enforceability challenge.
The main issue is proving that the terms of the contract exist. For example, we might have a simple oral agreement to deliver something on a particular day. That’s easy enough to enforce. But if there’s a dispute about product quality or return policies, it becomes much harder to prove what was agreed upon.
In enforcing these contracts, especially in litigation, courts consider circumstantial evidence, witness testimonies, and other factors to determine the terms of an oral contract.
However, trying to prove the existence of specific terms can be difficult. That’s why it’s always encouraged to have written contracts, even though oral contracts are enforceable.
Some jurisdictions place limitations on the enforceability of oral contracts, such as specific time frames for enforcement.
So while you can go to court and potentially win a case based on an unwritten contract, it’s generally preferable to have written agreements in commercial practice. They provide clearer evidence and make enforcement easier if necessary.
What aspect of corporate and contract law excites you the most? What motivated you to practice law in Scotland?
What excites me most about corporate and contract law is how it forms the backbone of business interactions. I find it fascinating how these legal frameworks can shape entire industries and economies. The constant evolution of these areas, especially with new technologies and global markets, keeps it challenging and interesting.
As for practicing law in Scotland, I’ll be honest – it isn’t something I sat and planned about. My path in life, I must confess has been more about following opportunities than a grand plan. I started in litigation back home, then moved to corporate law. When I came to Scotland, I couldn’t immediately practice as a lawyer, so I got into a bit of compliance. I am not practicing here yet, I am only in the process of requalification.
The move to qualify in Scotland is partly about expanding my horizons and gaining international experience. The legal system here has some similarities to Nigeria’s, both being based on common law, but there are enough differences to make it an exciting challenge.
What really drives me now is my current focus at the PhD level. It’s where I’m most passionate, diving deep into agri-trade law and policy. It’s a niche area that combines my interest in corporate law with global issues like food security and sustainable development.
So, while I can’t claim I always dreamed of practicing law in Scotland, I’m glad I am taking the step. The process of requalification which I am on has opened up new perspectives that I might not have had otherwise.
Tell us about your experience as a doctoral researcher. What is the focus of your research?
My research is an exploration of international trade laws and policies and how they affect small-scale farmers in the global south, and as I mentioned earlier, my focus areas are Nigeria and Mexico.
I come from Benue State in Middlebelt Nigeria. My immediate community is traditionally made up of farmers, and I have grown up among these farmers. So you can say my research is basically informed by lived experiences, sort of.
I understand essentially that these farmers are crucial to local food security, but they often suffer or struggle to compete in the global market. Now, my research basically explores how trade laws impact their ability to farm sustainably and then ensure food security for their communities.
The big question is: can we make international trade laws work better for small-scale farmers? I’m examining the tensions between free trade, that’s trade liberalization, and then environmental sustainability and food security, and how these things play out in real life for farmers.
My goal is to find a balance between what appears to be competing interests and then maybe suggest trade policies that will better support farmers and sustainable agriculture in the entire global south.
When I began the research early, I had the inspiration to centre it on the African nations because, of course, the sentiment of not just being from an African nation, but I feel like the small-scale farmers in the African nations are the ones competing for the most.
As I started the research, I realized that the entire global south is something to consider. So I decided to choose Nigeria as my country and Mexico centrally because I felt like these two countries were going to bear a resemblance to what happens in the global south.
Nigeria is sitting on one end of the world, with the economy deeply reliant on the European economy, and Mexico is sitting on the other end of the world, with the economy deeply reliant on the U.S. economy.
With these two nations being analyzed, we should be able to get an idea of what the small-scale farmers in the global south are going through.
Findings are still coming, and data is still being explored, so I cannot authoritatively say this is what I have solved now and these are the policies I am recommending. I am basically just discovering.
Do you think Nigeria will ever be at that point where our goods and products can be accessed by other countries to help boost our economy, and what would you say about the current trend of the North refusing to send food down to the South?
The part that forms my research is the concept of trade liberalization. My research centers on trade liberalization, sustainability, and food security.
Trade liberalization is the process of reducing or removing barriers to international trade between countries. These barriers can include tariffs, taxes on imported goods or quotas, subsidies, and various non-tariff barriers like complex regulations and licensing requirements.
When countries remove these things to enable goods from other countries to freely come in and move about, that whole concept is called trade liberalization. Sustainability means carrying out activities in a way that doesn’t harm our planet. Food security ensures we have healthy food for people to eat. My research focuses on considering these paradigms separately, how they impact small-scale farmers, and how they’re progressing in the global south in developing countries.
I emphasize this because I don’t want people to lose the message of my research, which isn’t focused solely on trade liberalization, sustainability, or food security, but essentially how all of these have impacted small-scale farmers, who are my focus.
Trade liberalization and free trade are often used interchangeably. Some might say they’re slightly different, others might say they’re not, but I see them as closely related concepts. Trade liberalization is the actual process of removing barriers, while free trade is more of a theoretical concept where trade flows within countries without restriction. The ultimate end goal of trade liberalization is free trade.
Regarding northern Nigerians refusing to send food to the South, that isn’t an official government decision. It’s a decision taken by people with political, tribal, or regional sentiments. I might not fully understand their sentiments to comment, but I don’t think a nation that wants to prosper will restrict trading with other people.
My area of expertise is international trade, so I can’t really comment on this current situation, which is more of a political issue than a government one.
