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So What if Nigerian Courts Set Aside Foreign Arbitral Awards? Revisiting Limak V Sahelian Energy.
In December 2021 the Nigerian Court of Appeal pronounced in Limak v Sahelian Energy that Nigerian courts may set aside foreign arbitral awards. This has caused a stir among Nigeria’s multinational investors and in legal circles. Investors and businesspeople would naturally be worried that arbitral awards obtained by them in foreign neutral seats may be nullified by Nigerian courts. In this article, we conclude that the Limak decision is not as significant as it seems at face value.
Disputes seem to be an inevitable feature of complex construction and engineering projects, whether they concern delay, payment, or quality issues, and often a combination of all three. It should also be common ground that such disputes tend to be expensive, lengthy and require substantial management resources without any certainty as to the ultimate outcome. …
Read moreFifteen (15) Aluko & Oyebode Lawyers Ranked across eight (8) Practice Areas in the 33rd Edition of the IFLR1000 Guide We are pleased to announce that the latest rankings released by the IFLR1000 Guide have recognised fifteen (15) lawyers from Aluko & Oyebode as leading practitioners. These leading lawyers have earned their rankings based on …
Continue reading “15 Aluko & Oyebode Lawyers Ranked in the 33rd Edition of the IFLR1000 Guide”
Read moreA Notary Public in Nigeria is authorised to carry out certain official acts including attesting to or certifying the authenticity of a deed or other legal documents such as birth certificates, school certificates, biodata pages of international passports, marriage certificates, etc. He also carries out the functions of administering oaths and witnessing the execution of …
Read moreWe are pleased to announce that Aluko & Oyebode has achieved a remarkable total of 44 listings in the 2023 Who’s Who Legal (WWL): Nigeria report, marking a significant achievement as the law firm with the highest number of listings in Nigeria this year. Thirteen (13) of our partners have earned prestigious rankings across various …
Continue reading “Who’s Who Legal (WWL) 2023: Aluko & Oyebode Leads with 44 Notable Listings”
Read moreThe Third Alteration to the 1999 Constitution of the Federal Republic of Nigeria, elevated the status of the National Industrial Court of Nigeria (NICN) to that of a superior court of record and conferred it with exclusive jurisdiction over labour, employment, and industrial relation matters. The jurisdiction of the NICN is expressly set out in …
Read moreIntroduction On 12 June 2023, the President of the Federal Republic of Nigeria signed the Evidence (Amendment) Act 2023 (the “Act/Amendment”) into law. It is important to note that the Amendment does not repeal the Evidence Act 2011 (the “2011 Act”) and is intended to reflect technological advancements in evidence-taking, particularly in court proceedings. This …
Continue reading “Highlights of the Evidence (Amendment) Act 2023”
Read more“Work of ART” or “Tool for the ARTful Dodger”? The Award Review Tribunal mechanism in the Arbitration & Mediation Act 2023
Read moreOur Managing Partner, Joke Aliu, contributed to the recently published report, “Africa’s Growing Dispute Resolution Landscape.” This collaborative publication by the UK Ministry of Justice (MOJ) and GREAT Legal Services in partnership with Africa Legal provides a comprehensive analysis of the evolving Alternative Dispute Resolution (ADR) landscape in Africa and its significance in the region. …
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Read moreWe are pleased to announce that Aluko & Oyebode has been recognised in five practice areas in the 2023 edition of Chambers Global Guide, with our Of Counsel, Chairman, and nine other lawyers ranked. Furthermore, our Fintech practice has received a ranking in the Chambers FinTech Guide 2023. The five areas of practice recognised are: …
Read moreIntroduction In the Nigerian judicial system, garnishee proceedings are a commonly used means of executing monetary judgments. The process is governed primarily by the Sheriffs and Civil Process Act[1] (“SCPA”) and involves applying to the court for an order, commonly known as a garnishee order absolute, attaching the money of a judgment debtor in the …
Continue reading “Garnishee Proceedings in Nigeria: The Need for Reform”
Read moreAluko & Oyebode is delighted to have advised Access Bank Plc (“Access Bank” or “Bank”), one of Africa’s largest retail banks, on its restructuring into a non-operating financial holding company. The restructuring, which has culminated in Access Holdings Plc (“Access HoldCo”) becoming the listed parent entity of Access Bank, its subsidiaries and related group companies …
Read moreWe are pleased to announce that Aluko & Oyebode has been ranked in five (5) practice areas in the 2022 edition of Chambers Global. Additionally, the Firm received the most Band 1 practice rankings and the most individual rankings for a law firm in Nigeria. 5 Practice Area Rankings Banking & Finance (Band 1) Corporate/Commercial …
Continue reading “Aluko & Oyebode recognised as a leading firm in Chambers Global 2022”
Read moreDisputes in the Nigerian construction industry are driven primarily by political, commercial, project delivery, claims-related and legal risks. Commercial, project and legal risks could be the result of lack of regulatory expertise; ambiguity in contractual requirements; poorly defined project scope; improper risk allocation matrix; combative contracting culture; lack of sophistication of the project team; border …
Continue reading “The Construction Disputes Law Review (Nigeria Chapter)”
Read moreOur Partner, Tunde Fagbohunlu, SAN has co-authored a chapter on “Substantive Protections: Obligations” in the first edition of Global Arbitration Review’s The Guide to Investment Treaty Protection and Enforcement. This chapter discusses three distinct substantive protections: umbrella clauses, transfer of funds clauses and prohibitions of performance requirements. For each substantive protection, he provides an overview …
Continue reading “The Guide to Investment Treaty Protection and Enforcement (First Edition)”
Read moreThere has been a lingering debate in both legal and academic circles as to the proper interpretation of the compensation provisions of the Oil Pipelines Act (hereafter referred to as “the OPA”) since the Nigerian Court of Appeal issued its famous decision in NAOC v. Ogbu. Whilst several commentators argue that the decision was reached …
Read moreWe are pleased to announce the conferment of our Partner, Mark Mordi, FCIArb, with the rank of Senior Advocate of Nigeria (SAN) by the Nigerian Legal Practitioners Privileges Committee. He was sworn in by the Chief Justice of Nigeria at the Supreme Court, Abuja on 8 December 2021. Mark joined Aluko & Oyebode in 1996 …
Read moreOn Monday, 9 August 2021, the Federal High Court (FHC), Port Harcourt Division, declared that the Rivers State Government (and not the Federal Inland Revenue Services (FIRS)) is empowered to collect Valued Added Tax (VAT) and Personal Income Tax (PIT) in the State (the “Rivers State VAT Decision”). Background of the Case The Attorney-General of …
Read moreWe are delighted to announce that Aluko & Oyebode has maintained its Tier 1 rankings in the latest edition of IFLR1000. The Firm has been recognised for its outstanding work in multiple practice areas including Tier 1 rankings in the following: Banking Capital Markets: Debt Capital Markets: Equity Mergers & Acquisitions Project Development: Infrastructure Project …
Continue reading “Aluko & Oyebode Receives Top Rankings in the 31st Edition of the IFLR1000 Guide”
Read moreAluko & Oyebode has been listed among the world’s top international arbitration law firms in Global Arbitration Review’s GAR 100 (14th Edition), the authoritative global independent researches of the best law firms specialising in international arbitration. GAR is the leading global resource on international arbitration news and community intelligence. Now in its 14th edition, the …
Read moreWe are pleased to be shortlisted in twelve (12) categories for The African Legal Awards 2021, the most for a law firm in Nigeria. African Law Firm of the Year – Large Practice Banking & Finance Team of the Year – Large Firm Capital Markets Team of the Year Competition and Regulatory Team of the …
Continue reading “Aluko & Oyebode Shortlisted for The African Legal Awards 2021”
Read moreThe Partners of Aluko & Oyebode are pleased to announce the admission of Imaobong Haastrup into the Firm’s Partnership. Prior to this elevation, Imaobong was a Managing Associate in the Firm’s Dispute Resolution Practice. She joined Aluko & Oyebode in 2011 and specialises in commercial litigation and arbitration with a focus on Oil & Gas …
Continue reading “Aluko & Oyebode admits Imaobong Haastrup into the Firm’s Partnership”
Read moreWe are pleased to announce the appointment of Aluko & Oyebode Senior Associate, Tosin Iyayi, as the Secretary of the Insolvency and Restructuring Committee of the Nigerian Bar Association Section on Business Law. Tosin is a seasoned litigator and a core member of the Firm’s banking, insolvency, and debt recovery dispute team. She has represented …
Read moreIn a bid to streamline the taxes and levies collectable by each tier of government within the Nigerian federation and also provide a legal regime to check arbitrary imposition of taxes and levies on individuals and businesses, the then Head of State, General Abdulsalami Abubakar, promulgated the Taxes and Levies (Approved List of Collection) Decree …
Read moreWe are delighted to announce that Aluko & Oyebode has been ranked a top-tier Nigerian law firm in the 2021 edition of the Legal 500 EMEA, a guide to the best lawyers and law firms across Europe, the Middle East and Africa. The Firm was ranked in six (6) main practice areas that are researched and …
Continue reading “Aluko & Oyebode Retains Top Rankings in The Legal 500 EMEA 2021”
Read moreThese questions relate to the effects that insolvency proceedings initiated in Nigeria produce on arbitration commitments (foreign as well as national/local) involving the insolvent party. Part I: Impact of Insolvency Proceedings on Ability to Commence or Continue Arbitration Does the law of Nigeria contain any provision on the effect that the opening of insolvency proceedings …
Read moreOperators in the Nigerian oil and gas industry are familiar with the Guidelines issued by the Department of Petroleum Resources (“DPR”) on the release of Nigerians working in the industry. The extant Guidelines were released on 17 October 2019 and replaced the Guidelines issued by the DPR on 5 March 2015. In brief, the Guidelines …
Continue reading “National Industrial Court of Nigeria’s decision on the 2019 DPR Guidelines”
Read moreWe are pleased to announce that Aluko & Oyebode has been ranked in five (5) practice areas in the 2021 edition of Chambers Global. Additionally, the Firm received the most Band 1 practice rankings and the most individual rankings for a law firm in Nigeria. 5 Practice Area Rankings Banking & Finance (Band 1) Corporate/Commercial …
Continue reading “Aluko & Oyebode Recognised as Industry Leader in Chambers Global 2021”
Read moreAluko & Oyebode in collaboration with Baker Mckenzie will host a Roundtable Series on Oil & Gas Construction Law covering the following topics: Procurement methods and risk allocation (Tuesday, 26 January 2021) Regulatory landscape, local content requirement and compliance considerations (Thursday, 4 February 2021) Effective contract management (Thursday, 18 February 2021) Dealing with contractor claims …
Continue reading “Oil & Gas Construction Law Roundtable Series”
Read moreWe are delighted to announce that Aluko & Oyebode has been named the Nigeria Law Firm of the Year at the Chambers Africa Awards 2021. Chambers and Partners, in announcing the award, described the Firm as: “A well-known firm at the forefront of the market across numerous practice areas. Aluko & Oyebode is often engaged in some …
Read moreAluko & Oyebode is pleased to announce the appointment of Reginald Udom as the Managing Partner of the Firm, effective January 1st, 2021. Also effective January 1st, Kofo Dosekun, the current Managing Partner, will become the Chair of the Firm’s Management Board, while current Chairman, Gbenga Oyebode, will stay actively involved as an “Of Counsel”. …
Continue reading “Announcement of New Managing Partner: Reginald Udom”
Read moreWe are pleased to announce the conferment of our Partner, Chukwuka Ikwuazom, with the rank of Senior Advocate of Nigeria (SAN) by the Nigerian Legal Practitioners Privileges Committee. He was sworn in by the Chief Justice of Nigeria at the Supreme Court, Abuja on 14 December 2020. Chukwuka Ikwuazom was elevated to Partner in the …
Read moreAluko & Oyebode (“The Firm”), Nigeria’s largest and leading full service law firm, in collaboration with other law firms such as Hogan Lovells, Linklaters and Baker Mckenzie, as well as the Lagos Chamber of Commerce International Arbitration Centre (LACIAC) and Association for Consulting Engineers in Nigeria (ACEN), hosted a virtual regional training workshop on dispute …
Continue reading “Legal Workshop on Dispute Management for Infrastructure Projects in Africa”
Read moreThe purpose of this communication is to convey our deep appreciation for the support and encouragement from our clients, friends, and colleagues from far and wide during these difficult and challenging times. Earlier this year, we were faced with challenges that arose from the COVID-19 pandemic. These challenges have persisted to date. More recently in …
Continue reading “Recent Unfolding Events”
Read moreIt is elementary law that parties are bound by the provisions of the contract or agreement which they have voluntarily entered. This typifies the doctrine of the sanctity of the contract. Consequently, the court is bound to construe only the terms of the contract in the event of an action arising therefrom. This is because the …
Continue reading “Termination without Reason: Has the Law in Nigeria Changed?”
Read moreThe President on Friday 7, August 2020 signed into law the Companies and Allied Matters Bill, 2020. The new Companies and Allied Matters Act 2020 (the Act) repeals and replaces the extant Companies and Allied Matters Act, 1990. Some of the provisions of the Act include the following: Private companies (including foreign-owned private companies) can …
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Read moreWe are pleased to announce that we have been shortlisted in three (3) categories for The African Legal Awards 2020: Environmental & Renewables Team of the Year Litigation and Dispute Resolution Team of the Year Transportation and Infrastructure Team of the Year Click Here for more information. The African Legal Awards set out to recognise exceptional achievement from within Africa’s …
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Read moreNigerian jurisprudence generally allows the joinder of a person as co-plaintiff or co-defendant to a suit pending before a court of first instance. Thus, under most of the rules of the courts of first instance, an application may be made by a party to a suit for the joinder of another person as a co-plaintiff …
Continue reading “Joinder of a Person as a Co-Respondent to an Appeal”
Read moreNigeria has adopted strict measures at both national and state levels to curb the spread of the COVID-19 disease. These measures include the total or partial restriction of movement, social distancing rules and the suspension of court sittings across the Federation, except for urgent, essential and time bound matters. These measures have had a severe …
Continue reading “COVID-19 and Dispute Resolution in Nigeria”
Read moreOne of the significant developments in arbitration witnessed in Rivers State of Nigeria in 2019 was the enactment of Rivers State Arbitration Law (the Law). The Law applies to arbitration in Rivers State except where the parties expressly agree that another arbitration law will apply. Consistent with the principle of party autonomy in arbitration, parties …
Continue reading “Emergency Arbitrator and the new Rivers State Arbitration Law 2019”
Read moreIn collaboration with the Lagos Chamber of Commerce International Arbitration Centre (LACIAC), Aluko & Oyebode will be sponsoring and hosting the IBA Arb40 – Young ICCA Workshop on “Computation of Damages” on Tuesday, 10 December 2019. This IBA Arb40 – Young ICCA Workshop will feature panel sessions led by legal practitioners and quantum experts, dedicated …
Continue reading “2019 IBA Arb40 – Young ICCA Workshop”
Read moreThe Supreme Court recently held in the case of Federal Republic of Nigeria v. Enwenede Solomon & Ors (Solomon’s Case) that aside from the Constitution, rules of court or a statute can also curtail the unlimited jurisdiction of a State High Court under the Constitution. Seven years earlier, the same court had held in the …
Read moreWe are pleased to announce that our Partner, Hamid Abdulkareem has been appointed as an officer of the International Bar Association (IBA) Arbitration Committee with effect from 1 January 2020 to 31 December 2021. He will co-chair IBA’s under-40 subcommittee (IBA Abr40) during his tenure, along with Anina Liebkind of Baker McKenzie. “This is an …
Read moreIntroduction The Supreme Court of Nigeria recently held in the case of Ibrahim v Obaje that a Power of Attorney can transfer interest in land to a donee and that the consent of the Governor is not needed for transfer of title or alienation of rights between private individuals where there is no overriding public …
Read moreWe are pleased to announce that our Partner, Babatunde Fagbohunlu, SAN has been nominated for the African Arbitrator of the Year Award. The inaugural African Arbitration Awards is scheduled to hold in Nairobi on Friday, 30th August 2019 and it is hosted by the East Africa International Arbitration Conference (EAIAC). Co-located with EAIAC 2019, the …
Read moreAluko & Oyebode has once again been recognised as a leading law firm in Nigeria. The Firm was ranked as a top-tier firm in six (6) main practice areas that are researched and evaluated by Legal 500 for Nigeria. Noted practice areas include: Banking, Finance and Capital Markets; Commercial, Corporate and M&A; Dispute Resolution; Energy …
Continue reading “Aluko & Oyebode Achieves Top-Tier Rankings in Legal 500 EMEA 2019”
Read moreWe congratulate our Associate, Inyene Robert, who has been selected for the 2019 Africa Arbitration Academy, which is scheduled to hold in London. The 2019 cohort is the representation of about 15 countries in Africa. Inyene is an Associate in the Firm’s Litigation, Arbitration and ADR Practice Group. Inyene completed her LL.B programme as the …
Continue reading “2019 Africa Arbitration Academy”
Read moreAluko & Oyebode is delighted to have advised Access Bank Plc (“Access Bank“) on its historic merger with Diamond Bank Plc (“Diamond Bank“). The transaction was executed in furtherance of the implementation, by Access Bank, of its 2018 5-year corporate strategic plan with the vision of becoming Africa’s gateway to the world and the world’s …
Continue reading “Aluko & Oyebode advises Access Bank Plc on its Merger with Diamond Bank Plc”
Read moreAluko & Oyebode’s position as a leading Nigerian law firm is reaffirmed in Chambers Global Rankings for 2019. Aluko & Oyebode is the only Nigerian law firm to be given Band 1 rankings in four (4) practice areas in this year’s edition of the Chambers Global. Noted practice areas include Banking and Finance (Band 1); …
Continue reading “Aluko & Oyebode retains Top Tier Status in Chambers Global Rankings for 2019”
Read moreWe are delighted to co-sponsor the 2019 Entry Level Associate Training Exercise (ELEVATE). ELEVATE is a practical inter-firm professional development programme collaboratively designed and sponsored by Aluko & Oyebode and 5 other Nigerian law firms for their respective entry-level lawyers as they begin professional careers in corporate and commercial legal practice. The ELEVATE sponsor firms …
Read moreWe are proud to sponsor the first Regional Training Workshop on Dispute Management in Africa Infrastructure Projects that was held in Lagos, Nigeria on Friday, 18 January 2019. The workshop was collaboratively executed by the firm of Aluko & Oyebode in conjunction with the Lagos Chamber of Commerce International Arbitration Centre (LACIAC), the Association for Consulting Engineering in Nigeria (ACE) – …
Read moreWe are pleased to announce the election of Aluko & Oyebode Partner, Tonye Krukrubo, as the Vice Chairman of the Chartered Institute of Arbitrators, UK (Nigeria Branch), Port Harcourt Chapter.
Read moreThe effective means standard defined in the cases of Chevron Corporation and Texaco Petroleum Company v The Republic of Ecuador (‘Chevron’) and White Industries Australia Limited v Republic of India (‘White Industries’ )is increasingly relied upon by investors encountering inordinate delays and disconcerting confusion in the judicial system of a host state.
Read moreTunde Fagbohunlu SAN (Partner, Head of Litigation, Arbitration and ADR Groups, Aluko & Oyebode, Nigeria), John Miles (Managing Director of JMiles & Co, Nairobi) and Kamal Shah (Partner, Head of the Africa Group, Stephenson Harwood, London) have co-authored this comprehensive account of arbitration in key jurisdictions in Africa. The book was written in conjunction with leading African arbitrators and lawyers.
Read moreSimeon Obidairo to speak on “International Co-operation in Fraud and other Economic Crime Investigation, Use of Mutual Assistance and Multi-Jurisdictional Asset Freezing Orders” at the 3rd Annual Cross-Border Litigation And Asset Recovery Forum 2015, 5 November 2015, Lagos, Nigeria.
Read moreWe are pleased to announce that our Partner, Adeniyi Adegbonmire, has been conferred with the rank of Senior Advocate of Nigeria (SAN) by the Nigerian Legal Practitioners Privileges Committee. He was sworn-in by the Chief Justice of Nigeria at the Supreme Court, Abuja on 21st September 2015.
Read moreThe Nigerian Bar Association (“NBA”) had on 14 November, 2014 at its National Executive Committee meeting held at Uyo, Akwa Ibom State, approved the affixing of stamps and seals on legal documents prepared by legal practitioners in compliance with Rule 10 of the Rules of Professional Conduct, 2007, (“RPC”).
Read moreBy virtue of the provisions of Section 254C(1)(f) of the Constitution of the Federal Republic of Nigeria 1999 (“the Constitution”)[1], the National Industrial Court (the “Court” or “NIC”) is conferred with jurisdiction to adjudicate on disputes relating to or connected with unfair labour practices or international best practices in the Nigerian Labour industry.
Read moreOn 7th April, 2015, the President of the National Industrial Court of Nigeria (‘NIC’) made 2 (two) subsidiary instruments with commencement dates of 6th April, 2015,
Read moreArbitration is a method of dispute resolution which operates largely outside the state sponsored Court structure often utilized by businesses globally.
Read moreAluko & Oyebode has advised AXA, a global insurance and asset management group, in connection with its successful acquisition of 100% of Assur Africa Holdings which hold a 77% equity stake in Mansard Insurance Plc (“Mansard”) from Africinvest, DEG, ADP, FMO and Proparco for €198 Million (US$246 Million).
Read moreOver the years, our firm has consciously embarked on CSR programmes and initiatives. From 2009 to date, Aluko & Oyebode has supported the ‘Run for a Cure’ programme initiated by Child Survival and Development Organisation of Nigeria (CS-DON) in its effort to raise awareness about Breast, Child and Cervical Cancer in Nigeria and also provide testing and treatment equipment to help give hope to people battling cancer.
Read moreAluko & Oyebode achieves 18 listings across the following nine section of its practice in the recent release of the Who’s Who Legal Awards.
Read moreThis edition of the IP Newsletter contains the following articles Court Resolves Trademark Suit Against Three Companies; NAFDAC Re-opens Onitsha Drug Market; Nigerian Copyright Commission & EFCC Unite to Combat Piracy; Update on Guiness Nigeria Plc and NAFDAC’s Fight Over Adulterated Product; Kano State Government Sues Pfizer, Nigerian Customs Service Arrest Two Vehicles with Contraband; NAFDAC Arrest 30 Persons Over Fake Products and Nigeria Trademarks Registry and Report From The Anti-Counterfeiting Coalition (ACC) Meeting.
Read morePROPOSED UNIFORM STATE ARBITRATION AND CONCILIATION BILL. ARRANGEMENT OF SECTIONS. PART 1
Read moreAmended report from the National Committee on the Reform and Harmonisation of Arbitration and ADR Laws in Nigeria
Read moreAcknowledgements from the members of the National Committee on the Reform of Nigeria’s Arbitration and ADR Laws
Read moreMr. Gbenga Oyebode was a member of the panel on “Entrepreneurship & Leadership” at the 13th Annual Wharton Business Forum organised by the Wharton Africa Business Forum at the Wharton School, University of Pennsylvania. The Forum took place at the University of Pennsylvania, Philadelphia, on the 19th of November, 2005. Over 30 speakers including CEO’s, policy makers and academics participated in the Forum. The objective of the panel on Entrepreneurship & Leadership was to present each panellist’s individual experiences with entrepreneurship and leadership in Africa, including challenges faced, successes, and overall insights on the African business environment and to discuss entrepreneurial opportunities and challenges within the current African economic environment.
Read moreTHE MINISTER of Regional Cooperation and NEPAD, Dr. Konadu Apraku, has said that the Economic Community Of West African States (ECOWAS) has recommended that member states should jointly undertake the processing of the huge bauxite deposits in Kibi-Atewa and Nyinahin to supply raw materials for the Aluminum Smelting factory in Tema (VALCO) and the Aluminum Smelting Company at Ikot-Abasi, in Nigeria.
Read moreThis article appeared in the 2006 edition of The International Comparative Legal Guide to: Intnl Arbitration 2006 ; published and reproduced with kind permission by Global Legal Group Ltd, London and was authored by Babatunde J Fagbohunlu and Mark Mordi
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