MANAYE ABERA, General Manager & Founding Partner

A distinguished corporate and commercial lawyer, Manaye Abera boasts an exceptional career spanning over 16 years, with a legal practice extending to all Ethiopian Federal and Oromia state courts in Ethiopia. He is one of the founding partners of Makkobilli Law Firm LLP, where he assumes the roles of a General Manager and the Legal Director for the Firm's Corporate, IT, IP, Data Protection & Privacy practice. Holding a Master of Laws (LL.M.) in International Business Law from Central European University (Hungary, 2010) and a Bachelor of Laws (LL.B.) from Mekelle University (Ethiopia, 2007), he brings a rich academic foundation to his legal practice, positioning him as a respected authority in the field of corporate and commercial law.

Biography

Overview

Prior to his role at Makkobilli, Manaye honed his skill set through a diverse and impactful roles as a Legal Manager at Ethio Telecom (HQ), an Attorney and Legal Consultant at Manaye Abera Law Office, as well as serving as a Probono Lawyer, Director of Legal Aid Services, and a Lecturer of Law at Jimma University. This diverse background equipped him with a unique blend of theoretical knowledge and hands-on experience, enabling him to adeptly handle corporate challenges, civil disputes, and crisis situations with finesse and professionalism.

In his tenure as a Legal Manager at Ethio Telecom (HQ) – the only telecom operator in Ethiopia until the recent entry of Safaricom Ethiopia into the market – Manaye demonstrated exemplary leadership by overseeing a team of in-house lawyers dedicated to a range of crucial responsibilities, including damage recovery litigations, employee disciplinary actions, telecom fraud prosecutions, and support for justice sector. Notably, he navigated complex matters concerning telecom and IT laws and regulations, actively contributed to the development and enhancement of Ethio Telecom's corporate policies, procedures, manuals, and guidelines, and lodged criminal accusations on behalf of the company and collaborated closely with the Ethiopian Federal Police and Addis Ababa Police Commissions in investigating and prosecuting crimes affecting Ethio Telecom’s legal interests. He also advised Ethio Telecom and justice sector stakeholders on strategies to mitigate legal risks associated with SIM card replacements and ownership frauds, telecom service subscription frauds, mobile money and digital banking frauds, as well as gaps in Ethiopian telecom and IT related legislations. Furthermore, Manaye delivered numerous capacity-building trainings for Ethio Telecom employees, including legal teams, internal audit teams, and information security teams, as well as for federal and state judges, public prosecutors, and police officers. These training sessions focused on enhancing understanding of the Ethiopian legal framework concerning critical issues like digital banking, mobile money-related fraud, telecom fraud, data protection, privacy, cyber regulations, and cybercrimes.

In his independent legal practice, Manaye has accumulated substantial expertise in guiding clients through a diverse array of corporate, commercial, and civil disputes, as well as crisis management scenarios. His role involved conducting investigations, collaborating with regulatory bodies and law enforcement agencies, devising litigation strategies, and advocating for clients across all phases of legal proceedings. His representation spanned a wide spectrum of intricately layered civil, commercial, and corporate litigations in various forums, including Ethiopian state and federal courts, arbitral tribunals, and administrative bodies.

While serving as a Law Lecturer at Jimma University and as a visiting lecturer at Ambo University, Manaye delivered a diverse range of courses to undergraduate and graduate students. His teaching portfolio encompassed subjects such as Ethiopian company law, advanced company law, theoretical foundations of business law, Ethiopian law of sales, secured transactions law, contract law, property law, international and domestic commercial arbitration, law of international sale goods, international trade law, IP law, banking and insurance law, bankruptcy law, and various other private law courses.

Manaye's significant contributions as a researcher include his publication of a comprehensive book on Ethiopian Company Law – a book which delves into the various forms of business forms recognized by Ethiopian law, outlining their distinct characteristics and the legal framework governing aspects such as formation, member rights & obligations, operations, management, restructuring, and dissolution for each business structure.

As a prominent figure in legal aid work, Manaye played a pivotal role in spearheading the establishment of Jimma University Legal Aid Center, where he served as Director and provided pro bono legal services. Through this center, he facilitated access to justice for marginalized individuals living in and around Jimma. His initiatives garnered recognition from the Ethiopian Human Rights Commission who, under the leadership of the then Chief Commissioner (Ambassador Tiruneh Zena), commended the initiative and scaled up the project nationally in collaboration with UNDP. Manaye's dedication also led to his selection as one of the "100 World Young Leaders" by Women Deliver in 2013.

Manaye also actively participated in the revision processes of the 1960 Ethiopian Commercial Code (specifically Book II on business organizations) and initiatives to amend the Ethiopian Civil Code (pertaining to Property Law). These experiences equipped him with invaluable knowledge and skills to adeptly address legal issues, adapt to evolving legal landscapes, and efficiently meet the legal needs of his clients.

Specializing in corporate law, corporate governance, M&A (including private equity practice), anti-trust, IT, IP, and Data Protection & Privacy, Manaye brings a wealth of legal expertise and versatility to the table for negotiations, dispute resolutions, litigations, and provision of innovative, reliable and accurate advice to clients on contentious and non-contentious corporate and commercial law matters

Bar Admission

Licensed to practice law at all Federal courts of Ethiopia

Education

Master of Laws in International Business Law (LL.M.) from Central European University (2010, Hungary) (accredited by the New York State Education Department)

Bachelor of Laws (LL.B,) from Mekelle University (2007, Ethiopia) (Accredited by Ethiopian Ministry of Education)

Languages

English

Amharic

Afaan Oromoo

Selected Experience

Represented clients in a diverse range of complex and large scale civil, commercial and corporate litigations in multiple forums such as Ethiopian state and federal courts, arbitral tribunals, and administrative tribunals;

Advised a number of foreign investors, who are mostly foreign nationals of Ethiopian origin, on the nature and structures of Ethiopian business vehicles to select from, conducted due diligence on their behalf, prepared incorporation documents, and assisted them in kick starting their business ventures in Ethiopia;

Prepared or assisted in the preparation of various corporate policies, procedures, processes, manuals and guidelines of Ethio Telecom  (such as revision of sales and marketing policy, development of whistleblowing policy and procedure, drafting of employee social media use policy, revision of information security management policy, revision of SIM card sales guideline, etc),

Prepared or assisted in the preparation of various corporate policies and guidelines for prominent companies in Ethiopia  (such as board of directors rules of conduct);

Advised a telecom company and justice sector stakeholders on measures to be taken to mitigate legal risks emanating from SIM card replacement and ownership fraud, telecom services subscription frauds, mobile money and digital banking frauds, gaps in the law and practice of various Ethiopian legislations (such as Protection of Telecommunications and Electric Power Networks Proclamation No. 464/2005, Telecom Fraud Proclamation No. 761/2012, Computer Crime Proclamation No. 958/2016, Communications Service Proclamation No. 1148/2019 and about a dozen directives issued by Ethiopian Communications Authority);

Represented a prominent company in negotiations regarding a damage recovery dispute involving a very large sum of money and successfully settled the matter;

Prepared a data center and software sale contract on behalf of a client;

Handled a number of IP rights registration on behalf of various clients;

Submitted criminal accusations on behalf of major companies and closely worked with Ethiopian Federal Police and Addis Ababa Police Commissions in investigation and prosecution of crimes committed against corporate clients;

Participated in consultations regarding the drafting of the new Commercial Code of Ethiopia, which is now passed into law, and the revision of Ethiopian Civil Code, which is still pending; and

Delivered a number of capacity building trainings for Federal and State judges, public prosecutors and police officers on Ethiopian legal framework regarding various issues such as digital banking and mobile money related frauds, telecom frauds, data protection and privacy, cyber regulations and cybercrimes.

Areas of Practice

Intellectual Property & Technology Rights

Construction and Engineering Law

Administrative Law and Regulatory Compliance

Capital Markets

Corporate Services

Data, Privacy & Cybersecurity

Fintech

Antitrust/Trade Competition

Financial Services Regulatory Compliance

International Trade

Investment

Land and Natural Resources

Litigation, Arbitration & Other ADR

Mergers & Acquisitions

Tax & Customs Duty

Technology Transactions

Telecom Regulation and Compliance

Publications

Published a book on “Ethiopian Company Law” (ISBN: 978-99944-79-80-1) (2020)

Published an article on “Physical Persons’ Eligibility to Acquire Membership in Business Organizations: A Descriptive Analysis of Ethiopian Legal Framework” on Jimma University Law Journal, Vol. 9, Dec. 2017 (Print: ISSN 2074-4617) (Online: ISSN 2411-9601)

Co-developed a number of law school teaching materials on various legal subjects for Jimma University School of Law

Wrote a paper on “Scope of Arbitration Agreement as a Ground for Refusal of Recognition and Enforcement of Arbitral Awards Under Article V(1)(C) of The New York Convention.” LLM thesis (Jun. 2010);

 

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