Dispute Resolution Practice

INTRODUCTION

This practice area focuses on providing legal advisory services to clients on the best, most effective and beneficial methods of resolving commercial disputes and claims using litigation, arbitration and other alternative dispute resolution methods of negotiation, mediation and conciliation at different stages as may be applicable. We provide cost-effective advocacy and attempt to settle disputes amicably, with the goal of reaching an expedient and successful resolution of the issues in contention.

Admiralty, Energy, Maritime and Extractive Industry

• Representing two oil and gas operators in a multi-billion Dollar environmental claim at a Federal High Court in Niger Delta Region.
• Advised and represented an oil and gas company in its successful rebuttal of tax liabilities of over US$100 million at the FIRS.
• DefendedMessrsLinland Refining & Marketing in a maritime claim of US$1 million instituted against it by MessrsNavaleFrancaise (Owners of MT Tour Pomerol).
• Representing an indigenous maritime operator in a matter seeking the judicial interpretation of the Compulsory Pilotage laws and delineation of the port limits in Nigeria.
• Acting as Counsel to a major petroleum marketer in a suit filed by Industrial Training Fund (I.T.F.) for the sum of N101.5 million plus interest and orders for declaration and injunction against our client.
• Presently defending a corporate entity relating to a claim of N1.5 billion initiated by the Industrial Training Fund (I.T.F).

Arbitration And Alternative Dispute Resolution

• Presently representing a Claimant in a USD 350 million ongoing London arbitration against some IOCs.
  Acted as a counsel on a London Arbitration involving a claim of USD13 million against one of the top 6 crude oil traders in the world.
• A partner of the firm was one of the three – man arbitral panel that successfully conducted arbitral proceedings between the exploration and production subsidiary of a leading indigenous oil and gas company and a major Nigerian commercial Bank in a claim for a total sum of US$12 million plus interest at the rate of 17% per annum from August 2009 till the conclusion of arbitration. The Tribunal’s unanimous award of US$12 million was accepted and honoured by both parties.
• Successfully represented a leading oil and gas downstream company on its mediation with a Trade Union Body on a claim of accumulated arrears of revised pensions and gratuity in the approximate sum of N3 billion and secured a 50% reduction of the trade union’s claim.
• Representing one of the quoted companies in Nigeria in an arbitration involving a claim of over N1billion relating to alleged breach of share option scheme.
• Partners in the Firm from time to time are appointed as Expert witnesses to international arbitrations.

Banking and Finance

• Successfully defended a major Nigerian bank in a N29.1 billion suit arising from the private placement of shares in a Financial Institution in Nigeria, and handling the appeals arising out of it.
• Representing a Nigerian bank in a suit filed by a telecommunication company claiming the sum of over N4.5 billion in addition to declaratory and injunctive reliefs.
• Represented one of the largest indigenous energy group and one of its major directors in an action challenging the directives of the CBN Bankers Committee compelling a Nigerian bank to transfer 911,000 Zain shares to its debtor-customer even though the current holders had prior to the directive purchased the shares for valuable consideration of N375 million since 2004.
• Successfully defended a Nigerian bank in a N50 billion class action filed by customers of the bank in connection with unauthorized ATM withdrawals.
• Represented a Nigerian Bank successfully at the High Court in an enforcement action filed by a civil construction company in connection with an order to transfer deposits in the sum of N8.993 billion held by it to the Court’s Chief Registrar’s account pending the determination of the substantive suit.
• Acted as Counsel for Securities & Exchange Commission (SEC) against two Nigerian banks participating in the merger of six banks that constitute the present-day Enterprise Bank Limited challenging the sale/transfer of 984,714,071 units of shares of Spring Bank Plc valued at about N7.8 billion to entities connected to a named Bank in a controversial hostile take-over bid.
• Representing a commercial Bank in various cases involving directors of MTech Communication Plc which have a combined claim of about N2.505 billion against it.
• Represented one of the major Nigerian banks and its subsidiary in a suit whereby a party sought a declaration that they are entitled to full allotment of 13 million units of Zenith Bank shares which they applied for at the Bank’s last public offering of shares plus total monetary damages of N 233 million.
• Represented a group of shareholders of two Banks in two representative actions against the CBN action in removing the executive management of the affected Banks without recourse to the Shareholders of the Banks

Captial Markets

• Representing a Nigerian bank in a class action against a Financial Group, their directors, Issuing Houses and Regulators by some investors who bought substantial quantity of shares totaling over N30 billion being the value of 4.3 billion ordinary shares of 50 kobo each at N7 per share offered during the BGL private placement exercise.
• Represented the Securities & Exchange Commission (“SEC”) in an action pending at the Investments & Securities Tribunal Lagos involving a claim for refund of payments made for an Initial Public Offer of shares involving a liquidated bank.
• Representing the SEC in a post – merger adjustment claim brought by one of the federating banks in a scheme of merger involving six banks at the Federal High Court and the Court of Appeal.
• Defending the Security and Exchange Commission in a suit filed by an unauthorized Fund Management Company whose operation was shut down by the Commission.

Election Petition Cases

• Successfully represented the Independent Electoral Commission (“INEC”) in 18 election petition appeals arising from the 2011 Gubernatorial, State House of Assembly and National Assembly Elections in Ogun and Oyo States from the Election Tribunals up to the final appeal level.
• Represented INEC in the Supreme Court pre – election appeal against a governor of a North – Eastern State.
• Part of the legal team that successfully defended the President of the Federal Republic of Nigeria at the 2011 Election petition cases at the Court of Appeal and the Supreme Court.
• Successfully represented the Independent Electoral Commission (“INEC”) in selected election petition appeals arising from the 2015 Gubernatorial, State House of Assembly and National Assembly Elections in Lagos State from the Election Tribunals up to the final appeal level.

Insolvency and Debt Recovery Matters

• Recovery of N3.3 Billion debt through a combination of litigation, Administrative Hearing at the Securities and Exchange Commission (SEC) and negotiated settlements for a stockbroking Firm against a Bank over improper treatment of subscription and allotment of shares.
• Recovery of N5 Billion through Receivership /Management for a mid-tier commercial Bank from debtors.
  Ongoing Winding up proceedings to recover over N4 Billion for a bank.
  Recovered trade debt of USD2 Million for an Engineering company through a winding up petition of the creditors.
• Judgment through and Undefended List procedure at the Federal High Court to recover the sum of N175 Million against F.C & T Oil Ltd and attachment of bank accounts of the company through garnishee proceedings.
• Successfully joined a Creditors Club on behalf of two creditors in the winding up proceedings for Afren with substantial claims at the Federal High Court.
• Successfully joined a Creditor winding up petition in a suit to recover substantial debt owed to our clients by BELBOP Limited