By Juliet Umeh

A legal and investment expert, Mr. Ken Melly, has called on African governments to urgently operationalise the continent’s investment protection framework, warning that continued delays could hinder Africa’s ability to attract large-scale investments needed for infrastructure, mining, energy and economic growth.

Speaking on the topic titled: “Africa must operationalise its investment protection framework to unlock mega project potential,” Melly, a Partner at G&A Advocates, said harmonising Africa’s legal and regulatory systems is no longer an aspiration but a critical requirement for mobilising long-term capital across the continent.

He noted that three major events held in May, the Africa Forward Summit 2026, the Africa CEO Forum and the Mining Investment Conference & Expo, all pointed to the urgent need for Africa to reposition its investment partnership models and strengthen legal protections for investors.

Melly observed that despite Africa’s vast mineral resources, rapid urbanisation and growing population, the continent still attracts less than five per cent of global foreign direct investment, FDI.

“Fragmented frameworks, inconsistent investor protection measures and divergent dispute resolution systems continue to increase the perceived risk premium on African projects, thereby driving up the cost of capital,” he stated.

He stressed the need for African countries to fast-track ratification of the African Continental Free Trade Area Investment Protocol, adopted during the 36th African Union Summit in 2023.

According to him, the protocol remains Africa’s most comprehensive framework for harmonising investor treatment and facilitating cross-border investments, but it cannot take effect until at least 22 member states complete ratification.

“What is required now is urgency in processing and depositing those ratification instruments. Every month of delay is a month of forgone investment,” he warned.

Melly also called for stronger African-led dispute resolution systems, arguing that many cross-border disputes involving African investments are still being resolved outside the continent in cities such as London, Paris and Singapore.

He advocated wider adoption of the AfCFTA dispute settlement mechanism as the preferred platform for resolving investor-state and intra-African commercial disputes.

The legal expert further urged African governments to maximise emerging financial risk-sharing tools such as the New African Financial Architecture for Development, NAFAD, and the African Trade & Investment Development Insurance to attract private capital and reduce investment risks.

He maintained that Africa’s biggest challenge was no longer the absence of solutions but the failure to implement already agreed continental frameworks.

“The investment protection conversation is not merely technical discourse. It is a generational choice that could permanently change Africa’s narrative,” he said.