Practice Areas

Our Core Competencies

S. P. A. Ajibade & Co. has a very vibrant and large dispute resolution practice that spans proceedings in the various trial and appellate courts in Nigeria and local and international arbitration in different parts of the world. Our dispute resolution practice handles claims-raising issues ranging through Actionable and Fraudulent Misrepresentations, Banking Law, Carriage of Goods by Sea Air and Land, Company Law, Construction Contracts, Defamation, Enforcement of Foreign Judgments, Enforcement of Shareholders Agreements, Hospitality Contracts, Insolvency Practice (Winding Up, Liquidations and Receiverships), Insurance Law, Intellectual Property, International Trade and Foreign Exchange, Labour and Employment, Mining and Quarrying, Occupiers Liability, Privatisation, Property, Public Sector Civil Works Contracts, Securities Law and Practice and Telecommunications.

We have conducted arbitrations pursuant to institutional rules such as the rules made by the United Nations Commission on International Trade Law (UNCITRAL), the London Court of International Arbitration (LCIA), as well as under ad-hoc references. Several members of the firm are members of the Chartered Institute of Arbitrators, United Kingdom. Litigation is a key component of S. P. A. Ajibade & Co.’s dispute resolution practice. This includes disputes involving breach of contract, fraud, securities laws, intellectual property, banking, shareholder rights, mortgage foreclosure claims and other commercial/personal disputes.

Lawyers in the firm are qualified to appear before every court in Nigeria and have access to extensive resources comparable to that of any other leading law firm. Thus, apart from providing excellent technical advice, we are well placed to proffer solutions that allow quick resolution of complex disputes.

Our corporate finance and capital markets practice provides legal support in the execution of Mergers and Acquisitions, Syndicated Loans, Loan Documentation and related Due Diligence. We handle the Incorporation of Companies, Establishment of Joint Ventures, Incorporation of Incorporated Trustees and Charitable Trusts, Share Reconstructions, the Negotiating and Drafting of Memoranda of Understanding, Shareholders Agreements and Alteration of Name, Objects and Articles of Association of corporate entities.

We are licensed by the Securities and Exchange Commission (SEC) to provide legal advisory services related to securities law and capital market activities. We offer legal advisory services and support for Initial Public Offerings, Rights Issues and Collective Investments Schemes. We also offer legal advisory services to Trustees and have acted as Solicitors to the Trustees in Collective Investment Schemes and Bond Offerings. We acted as Solicitors to the Trustees with respect to the first true Real Estate Investment Trust to be established in Nigeria.

Our real estate practice provides legal support in the sale, acquisition and perfection of title to landed property in Nigeria. We conduct due diligence on title and occupancy details as well as perfect mortgages. We represent the interests of our clients in the acquisition, sale and mortgage of real estate properties as well as advising on other real estate financing arrangements such as joint ventures and Real Estate Investment Trusts.

Our succession practice involves non-contentious as well as contentious matters. We assist our clients with the drafting of wills, obtaining probate, letters of administration and where disputes arise, in consequential litigation including the appointment of administrators pendente lite and other contentious probate proceedings. We also assist with the re-sealing of probate and letters of administration where estate properties are located outside the domicile of the deceased.

The firm’s intellectual property department is involved in virtually all aspects dealing with the maintenance, protection and enforcement of our clients’ industrial and intellectual property rights either in isolation or as an offshoot of related transactional matters. Some of these areas include: Entertainment and Media, Art, Sports, Trademarks, Copyright, Patents and Trade Secrets as well as licensing and ancillary international trade issues.

Our lawyers are particularly skilled in all maintenance work at the Nigerian Trademarks and Patent Registry involving the application for publication, registration and renewals of trademarks. We also undertake the assignment of such marks as well as recordals of registered User Agreements to third parties or subsidiaries. Our expertise also extends to the filing, prosecution or defence of our clients’ applications in Opposition proceedings before the Registrar of Trademarks. We file applications for the issuance of Letters of Patent on behalf of inventors or assignees and effect payment of annuities for such patents. We can advise on a wide range of legal issues relating to the Nigerian laws and policies on intellectual property protection and enforcement that are specifically tailored to suit our clients varying and ever evolving needs.

In the area of enforcement, our firm’s intellectual property department in tandem with the Dispute Resolution department are versed in the prosecution and or defence of Copyright, Trademarks and Patent infringement actions at various levels. We can obtain ex parte, interlocutory, Anton Piller or Class injunctions depending on the exigencies of an action as well as instigate anti-counterfeiting proceedings under the Nigerian Merchandise Marks Act. The firm is currently involved in the defence of a multi-million naira trademark infringement lawsuit before the Nigerian Federal High Court in Lagos. Our firm handles applications for the issuance of product licenses before the National Agency for Food and Drug Administration Control (NAFDAC) and can advice on transfer of technology requirements within the Nigerian investment climate.

Our Energy and Natural Resources practice is divided into three key practice areas:

  • Power
  • Oil and Gas
  • Mining
Power
A key aspect of our Energy practice involves advising clients on the development, financing and acquisition of electric power projects following the privatization of the sector in Nigeria. Our power utilities practice extends to the various segments of the sector which covers Power Generation, Transmission and Distribution. We have a cross-disciplinary team of lawyers specializing in all aspects of the power generation industry, including gas and coal. We are actively engaged in projects and work in West Africa, Eastern and Western Europe, Middle East and Asia, both relating to the development of gas and coal projects, and disputes arising out of existing and new build plants. Our advisory services to clients extends to regulatory issues, project structuring, take off agreements, M&A of power assets, Construction, O&M and power purchase agreements, decommissioning, Carbon Capture and Gas Storage and Pricing disputes relating to PPA’s, GTA’s and GSAs, Environmental and regulatory including property and planning. We advise on all aspects of all renewable and clean energy technologies including, onshore and wind, biomass and bio fuels, waste, solar, hydro generation, and carbon credit trading.

Oil & Gas
A key part of our energy and natural resources practice is based on the oil and gas industry and our lawyers have a deep understanding of the oil and gas sector. Our team of lawyers is dedicated to and works exclusively in this sector, and is regularly involved in advising on oil and gas projects and transactions. Our oil and gas practice is based across our international network of law practice groups and associated offices, ensuring we have people available on the ground wherever our clients are operating. Our clients in these regions include; major integrated oil companies, pure E & P companies, service companies, Governments, IOCs and NOCs.
Our work in the sector deals with upstream oil and gas projects, LNG projects, gas pipelines, petrochemicals and refining, trading and distribution downstream, Public International Law issues, international dispute resolution, shipping, international projects/project finance and regulatory/health and safety and compliance. We are able to advise on many international law issues affecting upstream investment, including boundary delimitation issues, JDZs and environmental and related international obligations.

Mining
The spectrum of our mining practice covers mining ventures, from precious and base metals and precious and semiprecious stones to industrial mineral and coal. We are positioned to advise global resource houses, large multinational corporations, and exploration and mining companies. Our services include advising on project structuring, project financing, assistance in the creation or reorganization of wholly owned structures and joint ventures and the transfer or granting of mining permits including, due diligence, Investment protection strategy, JVs - Consortium formation.
We provide legal support in resolving complex issues, as well as the Preparation and review of project documentation, including project contractual strategies, selection of the contractual matrix and forms of contract acceptable to funders, Negotiations and discussions with stakeholders, Multilateral and Export Credit Agency issues, Dispute management and resolution, including via arbitration and litigation , Mergers and acquisitions, IPO’s and other equity fund raising, Documentation for the admission of companies on financial markets and

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