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We are pleased to announce the successful completion of a high-level legal advisory assignment for the Nigerian Content Development and Monitoring Board (NCDMB) in respect of the review, reconciliation, and harmonization of its commercial partnerships and contract frameworks.
M. J Numa & Partners LLP was separately engaged to conduct a comprehensive legal review and revalidation of contracts and strategic partnerships entered into by the Board with various third-party entities. This engagement required in-depth due diligence, risk assessment, legal audits, and strategic recommendations to enhance compliance, safeguard public interest, and ensure alignment with the Nigerian Oil and Gas Industry Content Development (NOGICD) Act 2010, Nigerian Content Development Fund (NCDF) Investment Policy, and the NCDMB Hydrocarbon Value-chain Investment Process (HY-VIP) and global best practices in public sector contracting.
We delivered a unified and harmonized report on 19 investments within the given time frame that captured key insights, highlighted legal and structural issues, and recommended forward-looking solutions for optimal governance and accountability.
This milestone reflects our firm’s core strengths in:
• Public sector legal advisory;
• Contractual due diligence and revalidation;
• Strategic regulatory compliance;
• Transaction structuring in the energy and extractives sector.
We are proud to have once again demonstrated our technical expertise, discretion, and commitment to excellence in service of a foremost national institution advancing Nigerian content development.
We thank the NCDMB Leadership and Legal Directorate for the trust reposed in our firm and reaffirm our unwavering readiness to support the legal and commercial architecture of Nigeria’s vital sectors.
M.J. Numa & Partners LLP is pleased to announce its role as Transaction Counsel to 7 Waves Petroleum Limited license holder of the Kugbo-West Marginal Field (PPL 205, carved from OML 29) in the successful structuring, negotiation, and documentation of a landmark upstream development and funding framework in line with the Petroleum Industry Act 2021 and regulatory directives issued by the Nigerian Upstream Petroleum Regulatory Commission (NUPRC).
This milestone engagement underscores our firm's deep capabilities in structuring innovative commercial and legal frameworks tailored to Nigeria’s marginal field regime, especially in a rapidly evolving regulatory environment.
We advised 7 Waves Petroleum Limited in designing and executing a robust legal and commercial structure that harmonizes the company’s indigenous upstream growth objectives with the nuanced requirements of Nigeria’s post-PIA petroleum landscape.
Key Instruments Drafted and Negotiated:
• Memorandum of Agreement: Establishing the overarching commercial and collaborative framework for the asset's development.
• Funding & Technical Services Agreement (FTSA): Governing capital deployment, technical execution, cost recovery, governance mechanisms, and performance thresholds.
• Addendum to FTSA: Providing regulatory alignment through conditional precedents, escrow arrangements, and operational undertakings tied to ministerial consent and compliance.
Strategic and Legal Highlights:
• Capital recovery architecture, incorporating cost audit mechanisms, SOFR-linked interest computations, and layered return models.
• SPV governance design, performance-based equity allocation, and operational control protocols triggered by milestone events.
• Milestone-driven funding timelines secured via enforceable escrow arrangements and cross-border contract enforceability standards.
• Regulatory harmonization with the PIA 2021, NUPRC’s Farm-Out and Participating Interests Guidelines, and the 2020 Marginal Field Framework.
This transaction reaffirms M.J. Numa & Partners LLP as a foremost legal and strategic partner in Nigeria’s oil & gas sector capable of delivering bespoke legal solutions at the confluence of petroleum regulation, project finance, and energy infrastructure.
We commend the Board and Management of 7 Waves Petroleum Limited for their foresight, diligence, and unwavering commitment to operationalizing indigenous upstream asset development in accordance with global best practices and Nigeria’s evolving petroleum governance framework.
We are pleased to have played a pivotal role as counsel in the contentious post-award arbitral proceedings before the Federal Capital Territory High Court, presided over by Justice Agbaza, which led to the setting aside of $3.65(Million) arbitral award.
An ad hoc arbitral tribunal sitting in Abuja had awarded $3.65 million (Three Million, Six Hundred and Fifty Thousand US Dollars) against the ECOWAS Commission, citing an alleged breach of three consultancy agreements between the Commission and a Belgian citizen.
The trial court upheld our argument that the tribunal had misconducted itself in both determining liability by exceeding the scope of the arbitration agreement and in calculating the quantum of damages awarded.
This landmark decision will significantly shape the jurisprudence surrounding the recognition and enforcement of arbitral awards in Nigeria.
Our Dispute resolution team were part of this proceedings includes M.J Numa, SAN, O.O Osusu Jnr and B.J Tabai, Esq.
We are pleased to have been part of the consortium who instituted an appeal on behalf of ALH. AMINU ADO BAYERO, challenging the decisions of the Kano State High Court of Justice delivered on 4th July, 2024 and 15th July, 2024.
The challenge was premised on the trial Court’s denial of the Appellant’s right to fair hearing, wherein the Court proceeded to determine the 1st to 3rd Respondent’s originating summons in the absence of the appellant and proceeded to deliver judgment in their favor.
The 1st to 3rd Respondent’s suit (originating summons) at the trial court which was acceded to by the trial Court sought to interpret and enforce the Kano State Emirate Council (Repeal) Law, 2024 which had already been suspended by the federal high Court in a similar Suit No. FHC/KN/182/2024, ultimately restraining the Appellants from violating the law.
The Court without entertaining a defense from the Appellant proceeded to grant all the reliefs sought by the 1st to 3rd Respondents and further ordered the Appellant to stop parading himself as the Emir of Kano and directed him to relinquish any movable and immovable property(s) belonging to the Kano State Government in his possession.
This formed the basis of the appeal which was acceded to by the Appellate Court for being meritorious and the Court ordered that the suit be remitted to the Chief Judge of the lower Court for reassignment to & hearing de novo by another judge.
Our dispute resolution team who participated in the appellate proceeding include our managing partner, Michael Jonathan Numa SAN, B.J Tabai Esq, Joy. P Okako Esq, Charles Chukwuemeka Eziukwu Esq.
We are delighted to announce the successful completion of a 4-day training programme on Strategic Litigation Management and Advanced Negotiation Skills, organised by Rupetta Academy. The training, facilitated by our Managing Partner, Michael Jonathan Numa, SAN, provided in-depth insights and practical strategies for addressing legal risks and resolving disputes effectively in the banking sector.
The programme brought together professionals eager to enhance their skills in litigation management, negotiation tactics, and conflict resolution. Through engaging discussions, real-life case studies, and interactive exercises, participants were equipped with actionable tools to navigate complex legal challenges while safeguarding institutional interests.
At MJ Numa & Partners LLP, we are committed to driving professional excellence and delivering tailored solutions to meet industry needs. We are proud to have contributed to the success of this initiative and look forward to future collaborations that empower professionals to thrive in an ever-evolving legal and regulatory landscape.
For more information about our training and consulting services, feel free to reach out to us.
We are pleased to have represented Honourable Nicholas Mutu Ebomo, a 6th term member of the Federal House of Representative, in the above-referenced suit before the High Court of the Federal Capital Territory, Maitama Judicial Division. The case, presided over by Honorable Justice C.O. Agbaza, revolved around claims of libel and defamation of character arising from false and malicious statements made and published by the Defendant, Prince Collins Okubokeyei Eselemo, which gravely injured the Claimant’s reputation, pedigree, and public standing.
The Claimant, Honourable Nicholas Mutu Ebomo, approached the court seeking declaratory reliefs and substantial damages against the Defendant for his defamatory statements.
The trial Court on the 10th December, 2024 acceded tothe Claimant’s case and awarded damages amongst other declaratory reliefs restraining the defendant from making further defamatory statements and false publication, and further ordered an apology to be published on National Dailies.
This victory reaffirms our dedication to excellence, integrity, and the pursuit of justice for our clients. Our team who successfully prosecuted this matter to its logical conclusion was led by the Managing Partner, M.J. Numa, SAN, Y.M. Zakari, Esq & C.C. Eziukwu, Esq.
We had cause to represent Mr. Ebikabowei Victor Ben in a contractual tenancy dispute between the Government of Bayelsa State alongside the Attorney General of Bayelsa State.
The dispute bordered on a contractual tenancy agreement between Parties wherein the agreement was entered into by the then Executive Governor of Bayelsa State and the Claimant in 2009.
Prior to the offer of the property to the Claimant, an inventory on the property was carried out by the state government as it was in a deplorable state. The then Executive Governor handed over an Official Memo of Inventory and State of disrepair of the Property, and a prior Written Consent to the Claimant to renovate, upgrade and maintain the premises to a habitable condition at his own expense and maintain possession until the Government is willing to use the premises at which time, he would be reimbursed all the monies expended in renovating the property and he will be duly given reasonable notice for the recovery of possession.
The Claimant accepted the offer and took possession of the premises with the agreement of reconciliation of cost and reimbursement of fund expended in the renovation and maintenance of the property, and also to be given reasonable notice to quit. The acceptance was also based on the assurance that government is a continuum as emphasized by the then Governor.
One fateful day, the Claimant was abruptly served with a seven (7) days’ notice to quit the property without any prior notice, and with no further details on the reconciliation of cost and reimbursement of expenses incurred in the renovation and maintenance of the property over the years.
The Learned Trial Judge held that by virtue of the contractual tenancy agreement between the 1st Defendant and the Claimant, the Claimant can only deliver possession of the property or be evicted from the property by due process of law after reconciliation of cost and upon payment of the reconciled cost by the 1st Defendant.
Our dispute resolution team who represented the Claimant in the dispute include our Managing Partner, M.J Numa, SAN, and Isioma G. Kelubia, Esq.
We had cause to represent Mr Olufemi Adebayo Akomolafe in a dispute between SOW Real Estate Nigeria Limited.
The dispute bordered on the attempt by SOW Real Estate to unlawfully terminate the fixed price contract and make a refund of the purchase sum, years after payment was made by the claimant, who was only awaiting delivery of the property.
Owing to an arbitration clause in the contract, the Claimant submitted the dispute to arbitration under the auspices of the UWAIS Dispute Resolution Centre, challenging the purported termination and seeking delivery of the property which had been fully paid for.
Simultaneously, the Respondent attempted to disregard the arbitration clause and submit the dispute to the high Court of the FCT. This was met with strong opposition for lack of jurisdiction of the Court, owing to the presence and bindingness of an arbitration clause in the contract.
In the course of the proceedings, the Respondent approached the Claimant for amicable settlement of the dispute, which was acceded to and terms of settlement executed, bringing the dispute to an end. The Claimant was accordingly issued another property by the Sow Real Estate.
Members of the purple line up involved in the dispute resolution process include our managing partner, M.J Numa, SAN, Rt. Hon Onofiok Luke Esq, B.J Tabai Esq, Teejani Jimoh Esq and Q.M Jim-Ogbolo Esq.
We are pleased to have successfully represented the Petitioner, Moonie Offiong Gomes in the above referenced suit before the Niger State High Court, Suleja Judicial Division (Court 3) wherein the Petitioner sought for a decree of dissolution of the marriage between herself and the Respondent, Adebowale Eustachio Gomes, an Order of court granting her full custody of the only child of the marriage, Erelah Tiwatope Gomes, the sum of N300,000.00, only as maintenance fee for the child’s support, monthly, and an Order directing the Respondent to always pay 50% of the child’s school fees.
The Court per Justice Aishatu Wodu Bawa in a well-considered judgment delivered on 11th September, 2024 acceded to the reliefs sought save for the relief that bothers on maintenance which the court held that the Respondent should always contribute to the maintenance of the child monthly without stating any amount in that regard.
Our litigation team in persons of: Y.B Usman, Esq and Y. M. Zakari, Esq. had cause to handle the matter to a success.
The recovery of outstanding professional fees amounting to hundreds of thousands of dollars from the ECOWAS Commission owed to a seasoned legal practitioner, Chief Karina Tunyan, SAN for successfully prosecuting a number of cases on behalf of the ECOWAS Commission.
The ECOWAS Commission, refused to pay legal fees, despite repeated demands for same which compelled the legal professional to approach the Court for recovery of his fees.
We are privileged to have acted as Counsel to Chief Karina Tunyan, SAN and successfully facilitated the recovery his fees at the High Court of the Federal Capital Territory.
We are pleased to have successfully represented Vertex Agro Limited (a leading Agro-Allied Company in Nigeria) the Respondent (as Plaintiff) at the trial court took out a Writ of Summons before the Niger State High Court, Coram; Honourable Justice Mariyam Ismaila J. in a banker-customer online banking dispute, on the ground of the negligent conduct of the Bank in the handling of its account in an online financial transaction, which amounted to a breach of its duty of care and fiduciary duty.
The matter proceeded on trial, and the trial Court acceded to the claims and found in favour of the Plaintiff (Respondent herein) the Bank having failed in its duties owed to it’s customer.
On appeal to the Court of Appeal, Abuja Division, the judgment of the trial court was affirmed substantially save for the award of cost of Solicitors’ Fees which was reversed by the Court of Appeal.
This case has been duly reported at the Nigeria Weekly Law Report, UBA v. Vertex Agro Ltd (2020) 17 NWLR (PT 1754) 467.
Our litigation team in persons of: M. J. Numa, SAN, Isioma G. Kelubia, Esq, E.O Agi, Esq, Y. M. Zakari, Esq and P.T Agbo, Esq had cause to handle the matter to a success.
We are proud to have provided advisory services to Abito Global Services Limited in the establishment of Abito Ferry Services. This premier luxury waterway travel service is now operational within the Niger Delta region, enhancing connectivity and offering a unique travel experience.
We are pleased to have represented the ECOWAS Commission, as the Respondent in a proceeding for the enforcement of an Arbitral award in Suit No. FCT/C/CV/620/2022 between Dr. Marianne J. Ngoulla v. The Economic Community of West African States (ECOWAS).
The Applicant; Dr. Marianne Ngoulla, a Belgian/Cameroonian National, filed an Originating Motion to enforce an award in the sum of $3,365,444.00 (Three Million, Three Hundred and Sixty-five Thousand, Four Hundred and Forty-four Us Dollars) only against the ECOWAS Commission owing to alleged outstanding financial entitlements arising from a consultancy contract.
The Respondent challenged the Application to enforce the award vide a preliminary objection on the basis that there was already an existing application to set aside the Award under reference before another Court, making the instant application to enforce an abuse of Court process.
The Learned Trial Judge in upholding the objection that the application amounted to an abuse,struck out the motion for recognition and enforcement, and held that the award cannot be enforced when an Application to set aside the award is being sought for, and being first in time.
The Applicant sought for a consolidation of the two applications. This entreaty was challenged by the Respondent and was accordingly declined by the Court on the basis that the applications were not before the same court to enable it consolidate both and entertain them together.
Contrariwise, the appropriate procedure under the Rules of Court is to apply to the Honourable Chief Judge of the Court to transfer the later application for recognition and enforcement to the court which was first seized with the Application that is earlier in time for annulment of the same award, in order to entertain both applications involving the same subject matter.
Our dispute resolution team which represented the Respondent in this proceeding includes Michael Jonathan Numa SAN, Emmanuel C. Sogo, and J. P. Okako (Miss).
We are pleased to have facilitated the resolution of a long-drawn banking dispute between Golden Construction Limited – a Syrian-Nigerian construction firm and First Bank Nigeria Limited stemming from a disputed Invoice Discounting Facility advanced to the foreign company by the Bank for the execution of several road maintenance contracts awarded to it by the Federal Road Maintenance Agency (FERMA).
The company had challenged the validity of the Invoice Discounting Facility which it alleged was disbursed by the Bank without a formal resolution by its BOD, thereby exposing the company to liabilities on both the principal sum and the accrued interests which resulted in the inclusion of the company to a list of bad debtors published by the Central Bank of Nigeria. After several years of litigation, we are delighted to have succeeded in brokering an amicable settlement between disputing parties. The Terms of the Settlement were duly entered as consent judgment by the Court on the 11th day of July, 2024, resulting in a win-win situation for all parties.
Our Dispute Resolution team responsible for this successful outcome includes our Managing Partner, M.J Numa, SAN, Isioma Kelubia Esq, Olumide Makinde Esq, Joy Okako Esq and Q.M Jim-Ogbolo Esq.
We are delighted to have represented Sunusi Musa, Senior Advocate of Nigeria before the High Court of the Federal Capital Territory and also at the Court of Appeal, Abuja Division successfully on both accounts.
The Respondent as Claimant at the Trial Court commenced an action under the undefended list procedure principally claiming the sum of N250,000,000 (Two Hundred and Fifty Million Naira), owed to him by the Appellant/Defendant as professional fees for successfully prosecuting a public interest lawsuit on behalf of Kano State Government, before the Supreme Court, in 2023.
In reaction, the Appellant filed a notice of intention to defend and a preliminary objection. The Learned Trial Court in consideration and resolutions of the issues raised, overruled the objection for being misconceived and proceeded to enter judgment for the Respondent as there was no valid defense on the merit requiring the matter to be transferred to the general cause list.
The decision of the Trial Court was affirmed by the Court of Appeal and the appeal accordingly dismissed.
Our litigation team involved in the handling of the dispute include our Managing Partner, M.J Numa, SAN, B.J Tabai Esq, Q.M Jim-Ogbolo Esq., Teejani Jimoh Esq.
RE: SUIT NO: FHC/KN/CS/190/2024 BETWEEN HIS ROYAL HIGHNESS, ALHAJI AMINU ADO BAYERO V. ATTORNEY GENERAL OF FEDERATION & 10 OTHERS.
We, the Purple Line-up are pleased to have represented HIS ROYAL HOLINESS; ALHAJI AMINU ADO BAYERO, the 15th Emir of the Kano Emirate, Northwest Nigeria in a contentious litigation before the Federal High Court of Nigeria, Kano Division, in Suit No: FHC/KN/CS/190/2024 between HIS ROYAL HIGHNESS, ALHAJI AMINU ADO BAYERO v. ATTORNEY GENERAL OF FEDERATION & 10 Others essentially for the enforcement of his Fundamental Human Right action brought against the Kano State Government and other security agencies following the statements by the Kano State Government directing the Police and other security agencies to arrest the Emir for allegedly creating tension and unrest in Kano State following the controversy of his deposition as Emir of Kano State upon his arrival in Kano State.
The Trial Court Judge; Honourable Justice Simon Amobeda agreed with our Managing Partner; M.J Numa, SAN that the Federal High Court is well clothed with the requisite jurisdiction to entertain the suit, as the suit was not challenging the Emir’s purported deposition as Emir of Kano Emirate which the subject matter ordinarily falls outside the remits of the Federal High Court’s Jurisdiction.
The Court equally agreed with the Learned Silk that a party is at liberty to withdraw a relief or claim as endorsed in his application and elect to pursue the residue of the claim at any time, which will not necessarily amount to an amendment as contemplated by the rules of Court, irrespective of a preliminary objection.
The Court further agreed with the Learned Senior Counsel that the affidavit in support of the substantive application for enforcement of Fundamental Human Right deposed to by a third party on behalf of the Applicant is competent owing to the threat to the Emir’s life to personal liberty and ultimately held that the suit was meritorious as there was ample evidence to show that the Emir’s right to personal liberty was been unjustly threatened.
The Court proceeded to restrain the Police and other security agencies from arresting, detaining, threatening, intimidating, harassing the Emir or further interfering with his fundamental rights and accordingly awarded the sum of N10,000,000.00 (Ten Million Naira) only against the 2nd Defendant.
We are pleased to have advised 7 Waves Petroleum Limited; the licensee of Kugbo West Marginal Field PPL 205 in the setting up of Emaga-Kugbo Host Community Development Trust Funds (HCDT) as part of its obligations stipulated in Chapter 3 of the Petroleum Industry Act, 2021.
The Settlor is expected under the law to remit 3% of the Capital Expenditure of the preceding year to the Host Community Trust Funds account which will be expended in accordance with the need assessment of the Host Community.
The HCDT regime under the Petroleum Industry Act, 2021 replaced the regime of the Global MOU (GMoU).
Our team was ably led by our Managing Associate; Isioma G. Kelubia, Esq, Joy Okako Esq, Teejani Jimoh Esq and Queen Jim-Ogbolo Esq.
We are pleased to have been part of the Consortium of Legal Practitioners that successfully represented; His Excellency, Governor Uba Sani in the 2023 post-election litigation right from the Election Petition Tribunal, sitting in Kaduna to the Supreme Court wherein his election in the 2023 Governorship Election in Kaduna State was challenged.
The Peoples’ Democratic Party’s Candidate; Mohammed Ashiru Isa filed a Petition against the election and return of the Executive Governor.
On the final appeal to the Supreme Court, the Apex Court upheld the concurrent findings of the two courts below that the Petition was abandoned by virtue of the Petitioners’ non-compliance to the mandatory provisions of Paragraph 18 of the 1st Schedule to the Electoral Act, 2022 (as amended).
Consequently, the Court found that the premature filing of the pre-hearing notice before the close of pleadings was fatal to the continuous hearing of the Petition under reference.
This landmark decision re-affirms the position of the law as stated earlier by the Supreme Court in MAKU v SULE (2019) LPELR-58513(SC) amidst the other position taken by the Court of Appeal in other cases and accordingly provided the necessary clarity on the jurisprudence of Paragraph 18 of the 1st Schedule to the Electoral Act, 2022.
Our team who worked with the Consortium were; M. J. Numa, SAN, B.J Tabai, Esq, Aifuwa Imadegbelo, Esq. Queen-Jim-Ogbolo, Esq, (Miss).
We are pleased to have represented the Delta State Government towards the recovery of the sum of N240,654.216.460.23 (Two Hundred and Forty Billion, Six Hundred and Fifty-Four Million, Two Hundred and Sixteen Thousand Four Hundred and Sixty Naira, Twenty-Three Kobo) Only being revenue from various deductions made by the Nigeria National Petroleum Corporation (NNPC) for payments of subsidy and priority projects from the Federation Account without reflecting, deducting and disbursing to the oil producing state, the 13% derivation due on the said deduction from 1999 - 2021, before Honourable Justice A.R Mohammed .J of the Federal High Court of Nigeria, wherein the Court acceded to the indices proposed to the FAAC as the true reflection of the disbursement accruing to the State Government in line with the defense put forth by the Legal Team.
Our firm was a part of the consortium instructed by the Honourable Attorney General of Delta State.
We are pleased to have advised Lineman Group; a Nigeria cooperation in the acquisition of Zambian Group (CEC Lenux) from North South Power; the operators of the Shiroro Hydro Concession. The recent acquisition puts Lineman as the majority shareholders of the concession.
Our transaction advisory team; includes; Michael Jonathan Numa, SAN and Isioma Kelubia Esq.
We are pleased to have represented a group of ex-agitators in the Presidential Amnesty Programme before the Federal High Court, Yenagoa in a Garnishee Proceeding.
We obtained an Order Nisi against the Presidential Amnesty Programme to recover the unpaid monthly stipends of Seventy-Four (74) Ex-agitators on the strength of a Terms of Settlement duly executed by our Clients and the Presidential Amnesty Office which was entered as a consent judgment.
In a bid to challenge the propriety or otherwise of the Order Nisi, the Judgment Debtor, and the Garnishee filed Objections and Affidavits to Show Cause as to why the Order Nisi should not be made absolute.
They contended that the Judgment Debtor is an agency of the Federal Government, hence, the prior consent of the Attorney General must be sought and obtained before commencing a Garnishee proceeding. More so, they contended that they had fully complied with the consent judgment of the Court, hence the Order Nisi should be set aside.
In contradistinction to the arguments of the Judgment Debtor and the Garnishee, we contended that the prior consent of the Attorney General is not necessary for the institution of a Garnishee proceeding against the Judgment Debtor because the Garnishee is a banker to the Federal Government and maintains an account in the name of the Judgment Debtor under the auspices of the OFFICE OF THE SPECIAL ADVISER TO PRESIDENT ON NIGER DELTA and is funded through the Treasury Single Account (TSA).
We further contended that the Garnishee has since fulfilled a part of the consent judgment that gave rise to the Garnishee proceeding, hence the issue of consent cannot arise at this stage.
In a well-considered ruling delivered on the 8th day of March 2024, the Court agreed with our contention and accordingly made the Order Nisi absolute against the Judgment Debtor and indeed the Garnishee.
We are pleased to have advised 7waves Petroleum Limited; a wholly Nigerian Energy Company, in the acquisition of the Kugbo West Marginal Field PPL 205.
PPL 205 is an asset located in the Emago-Kugbo Community of Abuo-Oduo Local Government Area of Rivers State, recently divested by Shell Petroleum Development Cooperation (SPDC).
We are also advising on the setup of the Host Community Development Trusts and other ancillary structures in accordance with Chapter III of the Petroleum Industry Act, 2021.
Our Energy Law Practice group comprises of M.J Numa, SAN, I.G Kelubia, Esq, JP Okako, Esq, Teejani Jimoh, Esq and Queen Jim-Ogbolo Esq.
We are pleased to have successfully represented Vertex Agro Limited (a leading Agro-Allied Company in Nigeria) in a product liability litigation against the Defendants; KUNLE ELECTRICAL COMPANY LIMITED & ANOR arising from a Turnkey contract on an EPC basis for the supply, installation and commissioning of a 1000KVA ABB transformer specifically-suitable to power its cashew nut factory located at KM 4 From Zuma Rock, Abuja-Kaduna Express Way, Niger State.
The High Court of Niger State, Suleja Judicial Division in a well-considered judgment delivered on the 21st day of November, 2022 acceded to our reliefs and adjudged the case as meritorious; hence, it awarded special damages for the monies had and received representing the entire contract sum and general/exemplary damages for fraudulent misrepresentation by the Defendants.
Our litigation team in persons of: M. J. Numa, SAN, Isioma G. Kelubia, Esq and Y. M. Zakari, Esq. had cause to handle the matter to a success.
We are pleased to have successfully represented the Delta State Government (a sub-national government in Nigeria) in a $1.638,396,277 (One Billion, Six Hundred Thirty-Eighty, Million, Three Hundred and Ninety-Six Thousand, Two Hundred and Seventy Seven United States Dollars) Only litigation against the Federal Government of Nigeria being the 13% derivative sum due as arrears of revenue accruing to the Delta State Government since 2003, from the correct implementation of Section 16(1) Deep Offshore and Inland Basin Production Sharing Contracts Act, Cap D3 LFN 2004 whenever the price of crude oil increase in the global market above $20.000 per barrel.
The Federal High Court, in a landmark decision, ruled in favour of the Delta State Government, acknowledging the merit of our claim and directing the Federal Government of Nigeria to fulfil its obligations by making the overdue payments.
This victory underscores our unwavering commitment to serving our clients with excellence and upholding justice in every aspect of our practice.
We are pleased to have successfully represented the Economic Community of West African States (ECOWAS) Commission ( a foremost and multilateral regional body and conglomerate of 15 States in Africa) in a Cross- Border/Multi-jurisdictional Construction Arbitration Proceeding, instituted by an Italian Cooperation; Memetech SRL against the ECOWAS Commission (the Contracting Authority) and The European Union (the financing authority) with respect of the Joint-Border Post (JDP) in Seme-krake (border between Nigeria and Benin under the 10th EDF.
The arbitration was a complex commercial dispute involving a multi-million dollar claim against the ECOWAS Commission and involving a conflict of law such as the Nigerian Law, Beninese law, and the Belgian law respectively.
The Tribunal, after a dispassionate consideration of all the issues including the preliminary issues bordering on jurisdiction, applicable law, and proper parties, the tribunal dismissed all the objections and proceeded to consider the case on its merit and accordingly dismissed the entire claim of the claimant against the ECOWAS Commission and granted the counterclaim of the ECOWAS Commission ordering specific performance of the contract, directing Memetech SRL to complete the execution of the contract and for the European Union to make the payment of the contract sum.
This is another landmark proceeding, the firm successfully conducted as a testament to our capacity and diligence.
The Firm successfully invoked the original jurisdiction of the Supreme Court of Nigeria vide an originating summons taken out on behalf of kano State in suit no: SC/CV/200/2023 - Between ATTORNEY GENERAL OF KANO STATE v. ATTORNEY GENERAL OF THE FEDERATION challenging the Federal Government’s unilateral redesign of the Naira Notes.
The Supreme Court in its judgment delivered on the 3rd of March, 2023, acceded to the reliefs in the originating summons and accordingly declared the purported redesign of the Naira Note, without wide consultation and the unilateral limitation placed on the withdrawal of funds by the Federal Government to be unlawful and unconstitutional.
The EFCC not being a supra-natural agency above other agencies created by law, cannot be at large with respect to all economic matters especially when there are specialised agencies such as the Federal Inland Revenue Service saddled with the specific responsibility of handling tax related matters.
This is another landmark proceedings that the firm participated in, in conjunction with the Law firm of Aliyu & Musa Partners.
The Firm successfully challenged the powers of the EFCC to dabble into the investigation of Tax Related matters vide an originating summons before Federal High Court, Coram; Hon. Justice M. O Olajuwon in Suit No: FHC/ABJ/CS/181/2023 – Between VERTEX AGRO LIMITED v. ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC).
The Trial Court acceded to our contention that by virtue of combined provision of Section 6 and 7 of the Economic and Financial Crimes Commission (Establishment) Act, 2004, Section 8 of the Federal Inland Revenue Service (Establishment) Act, 2007 and Section 2(1) of the Taxes and Levies (Approved List for Collection) Act, 1998, the EFCC lacks the requisite powers to attempt to investigate, levy or punish individuals and corporations for alleged tax infractions.
The EFCC not being a supra-natural agency above other agencies created by law, cannot be at large with respect to all economic matters especially when there are specialised agencies such as the Federal Inland Revenue Service saddled with the specific responsibility of handling tax related matters.
This was a landmark decision which clearly defines the scope and powers of the EFCC. We are pleased to have acted counsel to the Plaintiff in this litigation.
The firm successfully defended the ECOWAS Commission before the ECOWAS Community Court in a contentious dispute involving more than 6 million dollars.
The firm successfully represented Vertex Agro Ltd in a contentious commercial litigation for the recovery of $190,000.00 ( One Hundred and Ninety Thousand Dollars) from a failed Bill of collection transaction between a finance consultant and our client, before the Federal Capital Territory, High Court, Abuja.
The Firm successfully defended The Commission in an employment dispute involving a claim of over 6 Million Dollars, wherein the President of the ECOWAS Commission and President of the ECOWAS Court of Justice are jointly sued as the 1st and 2nd Respondents respectively, before the Community Court of Justice of the ECOWAS Commission.
Firm successfully represented Hon. Micah Jiba at an election petition matter thereby securing his seat at the National Assembly.
Firm successfully represented First Bank of Nigeria Limited in a transaction dispute at the Trial Court.
Firm successfully represented Vertex Agro Nigeria Limited in a transaction dispute at the Trial Court and Court of Appeal. Matter now pending at the Supreme Court.
