Archives: Practices

Nigeria’s financial regulatory environment has increasingly become more complex and daunting, and with Nigerian regulators becoming more willing to enforce financial regulations and impose sanctions, it is increasingly more important that clients have access to legal advisers who are capable of breaking down the most complex legal issues into manageable tasks. We stay abreast of Nigeria’s ever-changing regulatory landscape, and provide our clients with advice that enables them to monitor and respond to new issues and challenges as they arise, and to take advantage of any opportunities as they emerge.

Our clients benefit from our extensive and practical experience across the full spectrum of financial services. As general advisors and transaction-based legal representatives, we represent major Nigerian and multinational financial institutions in a wide variety of transactions, including:

• Bank formation and financial services licensing
• Financial services regulatory advice and compliance

Our stellar roster of high-profile clients in the financial and legal advisory services include Nigerian and international lending institutions, banks, insurance companies, leasing companies, investment firms, financial technology companies, stockbroking and custodial firms, pension funds and fund administrators, and other types of financial institutions.

With offices in Abuja, Lagos and Port Harcourt, Nigeria, our financial law firm is well-positioned to collaborate across practice teams and offices to deliver top-quality legal service and value to our clients. Please contact Kofo Dosekun , Oludare Senbore and Reginald Udom for further information.

We are the go-to leading restructuring and insolvency law firm in Nigeria. Our clients recognise our unparalleled experience in all aspects of financial restructuring and insolvency matters.

Our top insolvency and restructuring experts work across practice groups, such as mergers and acquisitions, finance, capital markets, dispute resolution, compensation, governance and tax. We leverage the experience and knowledge of our lawyers in our offices located in Abuja, Lagos and Port Harcourt, Nigeria to successfully represent creditor clients, such as financial institutions and other types of financial investors, corporate debtors in various industries, ad hoc committees and insolvency professionals, and buyers and sellers of distressed assets.

We have a singular record of achieving successful outcomes in Nigerian insolvency proceedings and restructurings, and we are active in financial restructurings and insolvencies in matters ranging from the largest, complex multinational matters to simple winding up proceedings. Our range of services and expertise includes:

• Financial debt restructuring
• Exchange offer and debt/equity conversions
• Euity capital raising and restructuring
• Insolvency proceedings
• Insolvency litigation
• Liquidation and receivership

We invite you to contact our financial restructuring and insolvency law experts Kofo Dosekun Kofo.Dosekun@aluko-oyebode.com and Adeniyi Adegbonmire, SAN, Adeniyi.Adegbonmire@aluko-oyebode.com with your questions, matters and concerns.

As Nigeria becomes increasingly prosperous, coupled with its growing population and economy, the necessity to revamp Nigeria’s infrastructure is at a crucial juncture. Traditionally, the federal, state and local governments have taken on the financings of critical projects such as building roads, bridges and ports. As economic pressures such as swings in the exchange rate, fluctuations in oil prices and liquidity limitations deplete fiscal budgets, the private sector has stepped in to create financing solutions to provide the necessary capital required to modernise and develop the country’s infrastructure. Public Private Partnerships (PPPs) are now a significant key developmental tool in acquiring major public works projects, and project finance is the primary method of achieving funding for these capital projects.

Our award-winning project finance lawyers and PPP legal experts have proudly served at the forefront of numerous landmark project finance transactions and infrastructure projects over the years, including the Lekki Toll Road Concession Project, Nnamdi Azikwe Airport Concession, Indorama Fertiliser and Methanol Plant, Cross River State/IFC PPP Hospital, Hotel and Conference Centre Development, as well as many drilling, reserves development and pipeline construction financings.

We have a deep understanding of our clients’ strategic business objectives. We represent Nigerian and international sponsors, lenders, investors, contractors, credit agencies and service providers across every major industry sector, in particular, oil and gas, infrastructure and transportation, utilities (including alternative energy options), telecommunications, mining and manufacturing. Our approach is to always be innovative, inventive, solution-driven, cost-efficient and client-tailored.
With offices in Abuja, Lagos, and Port Harcourt in Nigeria, we are uniquely suited to serve your needs. Please contact our infrastructure finance and PPP lawyers Kofo Dosekun kofo.dosekun@aluko-oyebode.com and Oghogho Makinde oghogho.makinde@aluko-oyebode.com to find out more.

The global real estate industry is evolving in response to the changing needs of property investors and users. New investors are moving into real estate from other investment areas, bringing with them fresh ideas and diverse requirements. Property development in all sectors and asset classes are transforming skylines and landscapes in both mature and developing economies.

In-depth knowledge of the asset class as well as the real estate markets and deal structures.

We offer market-leading advice across a range of practice areas where real estate is at the centre of the transaction. Relied on by developers, owners, private and institutional investors, corporates, lenders and underwriters around the world to understand industry trends and their impact on business, we help them to navigate the complexities of the markets in which they choose to operate. Clients trust us to manage the intricacies of their transactions and disputes, synthesising legal and commercial knowledge to provide them with counsel that translates into successful outcomes.

The Nigerian real estate sector is a highly complex and challenging environment to navigate, and as such investors, property and project developers and financiers require legal advice to assist them in successfully achieving their commercial objectives, whilst ensuring that their rights and interests are adequately protected. Real estate is fundamental and forms the centre of a diverse number of transactions, and as such our multidisciplinary approach to these issues makes us well placed to be a trusted adviser to international developers, property portfolio companies, financial institutions, private and institutional investors and developers.

As commended by Chambers Global 2018, which named us the Global Africa Nigeria Law Firm of the Year 2018, Nigerian and international clients seek us out for our excellence in service, which is particularly crucial in the real estate sector. Our skilled team of real estate lawyers, who work closely with members of our banking and finance and dispute resolution practices, offer comprehensive, detailed, practical and innovative advice.

We represent private and institutional investors, property owners, developers, and financiers in a broad spectrum of transactions such as:

• Drafting and negotiating real estate contracts and other conveyance documents
• Facilitating real estate development plans
• Perfecting title to real estate
• Structuring the financing of complex real estate transactions, including mortgages
• Representing companies in buying and selling of real estate
• Ensuring regulatory and permit compliance with pertinent laws and authorising bodie
• Executing lease agreements between various entities

Real estate property law significantly impacts many critical aspects of business and commercial transactions. For example, developing, constructing, or expanding a new business operation usually involves the acquisition of real estate. Similarly, the merger and acquisition of companies and financial institutions is likely to involve real estate transactions as well.

As a result, nearly any type of company, large or small, Nigerian or global, will have real estate legal issues arising on a frequent basis. We pride ourselves on our deep bench of talented real estate lawyers. With offices in Abuja, Lagos and Port Harcourt, Nigeria, we are uniquely and conveniently located to serve your real estate needs. Please contact Reginald Udom reginald.udom@aluko-oyebode.com to explore your needs, projects and visions.

Companies engaged in international trade are increasingly impacted by governmental actions, which creates a challenging business environment for all players. The involvement by governments, whether negotiating new trade agreements or modifying existing international trade laws and regulations, regularly alters the legal landscape. Regardless of the ultimate goal, whether to relax or tighten trade laws, the immediate impact on our clients is often a tangle of new rules, procedures and exceptions, which must be followed to the letter.

Our experienced and multidisciplinary team of international trade law specialists help our clients manage the risks and maximise the rewards of doing business in Nigeria or engaging in cross-border transactions.

Our clients come to us from a wide range of industries with significant matters and questions concerning the challenges inherent in doing business and expanding their operations across Nigeria. Our lawyers have a deep knowledge of local laws, international treaties, free trade agreements, international law and the rules of common trade practices. We leverage our leading Nigerian and global trade law expertise to achieve successful outcomes for our clients in all aspects of trade and investment law.

Our offices are located in Lagos, Abuja and Port Harcourt, Nigeria, and we are conveniently situated to serve your needs. We invite you to contact Kofo Dosekun and Oludare Senbore for more information concerning your particular inquiries.

As leading dispute resolution lawyers, we tailor our approach to our clients’ particular needs and goals. Even when reaching amicable resolutions, our focus is strategic, and always on safeguarding the best interests of our clients.

Our expertise lies in solving problems and managing risks. Our experienced litigators effectively and efficiently bring cases, including the most complex, multifaceted issues, to resolution through Nigerian courts, arbitration or alternative dispute resolution. Our elite litigation team has secured numerous landmark rulings in Nigerian courts, and we are constantly called upon to testify internationally as experts in Nigerian law.

With offices strategically located in Lagos, Abuja and Port Harcourt, we are uniquely positioned to represent our clients at short notice throughout Nigeria.

Our typical case load includes complex, high-value litigation and arbitration dispute resolution relating to commercial transactions, corporate affairs, oil and gas, banking, finance, intellectual property, construction, labour, trade, insolvency, shipping, real estate, as well as the full panoply of matters arising under Nigerian law.

Our list of clients includes Asset Management Corporation of Nigeria (AMCON), Baker Hughes, Brasoil Oil Services Company Nigeria, British American Tobacco, Chevron Corporation, Citibank, NA, Eni/Agip, Guinness Nigeria, Heinz, Johnson & Johnson, Mobil Producing Nigeria Unlimited, MTN Nigeria, Reserve Bank of Australia, Standard Chartered, Statoil (Nigeria) Limited, Shell Petroleum Development Company of Nigeria, Total E&P Nigeria Limited, Trafigura Beheer BV, and Toyota. We represent major international institutions and corporations, as well as leading Nigerian companies and businesses.

We regularly collaborate with international law firms across the world.

Please contact partner Babatunde Fagbohunlu, SAN, with your matters and concerns.

Our mergers and acquisitions (M&A) lawyers provide legal representation, advice and support to our clients from the inception stage of a transaction through to the structuring, execution and completion stages. We advise on equity and asset acquisitions; mergers and other forms of business combination; corporate and external restructurings; divestments; schemes of arrangement; tender offers and mandatory takeover bids. Our M&A practice is highly regarded within and outside Nigeria and is consistently ranked as a top-tier practice. We represent a diversified clientele of leading Nigerian, international and multinational companies across a broad range of sectors, including banking; energy and natural resources; insurance; telecommunications; aviation; oil and gas; power; mining; pharmaceuticals; technology; fast moving consumer goods (FMCG) and agriculture. Our experience in representing both buyers and sellers gives us the versatility to negotiate complex deal points, while our deep understanding of the regulatory and corporate governance aspects of M&A transactions is particularly valuable to board directors and executive management teams in sensitive, high-pressure situations. Our transaction footprint includes a portfolio of innovative and award-winning transactions.

Clients seek us out for our expertise and experience in M&A law and competition/anti-trust law; the excellent quality of our work; our in-depth understanding of the intricacies of Nigerian law; our expertise in domestic and cross-border M&A transactions and our client-focused approach. Our offices are located in Abuja, Lagos and Port Harcourt and we are uniquely positioned to provide top quality legal services tailored to your particular requirements.

Please contact Olubunmi Fayokun or Ayodeji Oyetunde for further information about our M&A practice.

Transactional Highlights:

• Advised Unilever Plc on the Nigerian aspects of the USD 8.04 billion sale of its margarine and spreads business to KKR & Co. Inc.
• Advised Vitol SA and Helios Energy Ltd on their USD 460 million acquisition of the downstream businesses of Oando Plc — a leading Nigerian energy company
• Advised Exxon Mobil Oil Corporation on the USD 300 million sale of its 60 per cent equity stake in Mobil Oil Nigeria Plc to Nipco Plc
• Advised MTN Nigeria, the leading telecommunications company in Nigeria, on its USD 200 Million acquisition of Visafone Communications Limited
• Advised AXA SA, a leading global insurance and asset management group, on its EUR 198 million acquisition of a majority stake in Mansard Insurance Plc, a listed Nigerian insurance company
• Advised 8 Miles LLP, African Capital Alliance Limited and DEG on their USD 80 million Equity Investment in Beloxxi Industries Limited. The transaction was awarded Mid-Cap Deal of the Year, and the firm was named Exceptional Single Deal Advisor at the 2017 Private Equity Africa Awards
• Advised Access Bank Plc on its NGN 50 billion (approximately USD 300 million) acquisition of a 75 per cent equity stake in, and subsequent merger with, Intercontinental Bank Plc, a listed Nigerian bank. The transaction was awarded the 2012 M&A Deal of Year for Africa by The Banker
• Advised AXA SA on its USD 61 million acquisition of an equity stake in Africa Reinsurance Corporation — a leading Nigerian reinsurance company
• Advised Allianz SE on its USD 35 million acquisition of a 99.03 per cent equity stake in Ensure Insurance Plc — a major Nigerian insurance company
• Advised ARM Pension Managers (PFA) Limited on its merger with First Alliance Pension and Benefits Limited — the first merger transaction in the Nigerian pension industry
• Advised on the merger of Skyway Aviation Handling Company Limited and Skypower Aviation Handling Company Limited

The booming economy and incentives offered by the Nigerian government have attracted more international private equity investors to Nigeria than any other country in Africa. With over 190 million people, Nigeria is the seventh most populated country in the world, with a large number of young people. Despite the risks, top international and Nigerian companies are seizing equity investment opportunities in many diverse sectors, including information technology, consumer goods, industrials and financial services.

These transactions are becoming increasingly sophisticated and complex, and areas of industry specialisation are becoming even more granular. It’s difficult for private equity fund managers to remain generalists; they must understand particular slices of an industry. Competition is heated among private equity firms, and thus investors must rely on experienced legal counsel, with deep and up-to-the-second industry knowledge, as well as a detailed understanding of Nigeria’s laws and regulations, in order to be nimble and to structure and execute their deals quickly.

Our award-winning private equity legal team tackles the most difficult issues on behalf of top-tier Nigerian and international clients. We have in-depth knowledge and expertise in devising innovative solutions and strategies for structuring acquisitions, fund formation, and financings of public and private companies, and we explain our strategies in understandable language every step of the way. We help our clients successfully navigate the most complex, significant and high-pressure transactions within the market.

We offer our clients, including leading private equity funds, banks and other financial institutions, unparalleled representation through all stages of their private equity transactions.  Our expertise, knowledge and service in private equity law are world class.

With offices in Abuja, Lagos and Port Harcourt, Nigeria, our private equity legal team is uniquely located to serve your needs. Please contact Oludare Senbore Oludare.Senbore@aluko-oyebode.com and Ayodeji Oyetunde Ayodeji.Oyetunde@aluko-oyebode.com for further details about how we can help you achieve your goals.

Successful foreign investments hinge on obtaining a legal and valid interest in a target entity in legal compliance with Nigerian laws and regulations including procurement law. We provide guidance through every step of the process to ensure that our clients achieve their ultimate investment objectives.

Nigeria is notable among sub-Saharan African countries as being virtually open to foreign investment in all major sectors, including agriculture; oil and gas; minerals; coal, power; energy; telecommunications; and tourism. Moreover, our government is now engaged in a comprehensive privatisation programme to increase viability and efficiency; and fund socio-economic developments.

Many of our significant clients are involved in Nigeria’s privatisation efforts. We frequently collaborate with international consultants who represent investors engaging in this privatisation programme. We also act as local counsel to major international corporations and investors seeking involvement in Nigerian and state government privatisation programmes.

As the leading advisor on foreign investment in Nigeria, our experienced corporate lawyers provide comprehensive services, including:

• Acquisition of interest, assets, and property
• Acquisition of pioneer status
• Attainment of government incentives
• Business formation
• Business operation
• Community empowerment
• Compliance and regulatory issues
• Immigration matters
• Nigerian local regulations
• Taxation issues
• Procurement law

As a result of our stellar work and reputation, we have developed close, professional relationships with governmental entities and industry regulators who are inextricably related to foreign investment. On behalf of our clients, these relationships historically have resulted in efficient and effective foreign investment transactions, avoiding the pitfalls of procurement laws, as well as gaining valuable insight and feedback from essential partners in these transactions.

As the advisor to your privatisation and foreign investment, we will assist your company through every stage of the privatisation or foreign investment process. Our offices are located in Abuja, Lagos and Port Harcourt and we stand ready to serve your needs.
Please contact Olubunmi Fayokun, and Oghogho Makinde, for further information.