Practice Areas

 

Browse our legal services by Practice Areas – Please click on the tabs below for more information.

 

Antitrust & Competition Law

Our competition law advisory team advises clients on complex antitrust & competition law issues. Our competition law expertise covers merger control, monopoly, cartels and dawn raids, competition litigation, market and sector investigations, abuse of dominance, consumer protection issues and economic or utilities regulation.

We assist our clients in identifying and realistically assessing risks and dealing with those risks to achieve compliance with competition law regulations in the most timely and cost-effective way possible. We have also delivered papers at international seminars on recent developments in competition laws in Nigeria, following the recent enactment of the Federal Competition and Consumer Protection Act, 2018. Recently, we advised a FinTech Company on competition laws. We also advise some foreign companies on the likely implications of the new Federal Competition and Consumer Protection Act on their proposed transactions.

Aviation Law

We provide quality legal services to both foreign and local airlines in Nigeria. Our aviation practice encompasses the resolution and provision of advice on a full range of regulatory issues affecting aircraft owners and operators.

We advise both foreign and domestic carriers on aircraft management claims such as loss of luggage, delayed/cancelled flights and financial transactions. We have successfully handled and settled over 300 passenger claims on behalf of foreign airlines in Nigeria. We also negotiate aircraft purchase agreements, aircraft leases and mortgages.

We assist clients in negotiating Bilateral Air Services Agreement before commencing international air services between countries. We also assist our clients in obtaining all requisite permits from the relevant regulatory authorities such as the Nigerian Civil Aviation Authority (NCAA) and the Federal Airports Authority of Nigeria (FAAN).

Banking & Finance

Giwa-Osagie & Co is ranked as a leading law firm in Banking and Finance by the IFLR1000

We offer legal services to both foreign and Nigerian Banks. We prepare bank security documents to enable customers obtain credit facilities. Examples of such security documents are Bridge Loan Agreements, Debenture Trust Deeds, All Assets Debentures and Safe-Custody Agreements. We obtain State and Federal Government’s consent for security documents and file charges at the Lands’ Registries as well as the Corporate Affairs Commission.

Business Advisory & Corporate Immigration

Our Business Advisory team regularly advises foreign and local investors on the legal and regulatory requirements for setting up and doing business in Nigeria. We assist with the incorporation of the appropriate company suitable for the Client’s business taking into account tax efficiency. We also assist with registrations with sector specific regulators such as the Central Bank of Nigeria, Department of Petroleum Resources, Nigerian Communications Commission, Nigerian Maritime Administration and Safety Agency, National Agency for Food and Drug Administration and Control, National Office for Technology Acquisition and Promotion, Federal Ministry of Interior, Corporate Affairs Commission, Nigerian Investment Promotion Commission, Securities and Exchange Commission, the Federal Competition and Consumer Protection Commission and other agencies.

We also provide regular updates to clients on recent changes in the laws relevant to their business operations and activities. We assist with the application and renewal of expatriate quotas, filing of expatriate quota monthly returns, applying for and obtaining subject to regularization visas, Combined Expatriate Residence Permit and Aliens Card (CERPAC), temporary work permit, etc.

Capital Market and Securities

Giwa-Osagie & Co is a leading law firm in Capital Market Transactions. The Firm has over the years advised clients on various capital market transactions. Some of our areas of expertise include Bond issuance transactions, Mergers and Acquisitions, Initial public offering, Right issues and private placement and other structured transactions. Our Lawyers have considerable experience in capital market transactions and have deep knowledge of the Capital Market and Securities laws and regulations enabling them to render informed professional advice.

Our Firm has represented the Securities and Exchange Commission (SEC) in some of its landmark cases and is a registered operator in the Capital Market.

Company Secretarial Services

We provide corporate secretarial services to both local and multinational companies and assist them in complying with various local laws.

Our services include incorporation of companies, transfer of shares, maintenance of statutory records, advising companies on compliance with legal and procedural requirements of directors and shareholders and preparation of minutes, filing of statutory documents, arrangement of nominee directors and shareholders services, provision of Bank signatory services, notifying the board of directors of changes in new laws that affect their operations. We handle matters relating to corporate structure, the relationship between shareholders and management, mode of subscription of capital, transfer of shares, minority protection, composition of the board and management, corporate policies, code of conduct and matters relating to employees and employment benefits.

Corporate and Commercial Law

Giwa-Osagie & Co. offers innovative and comprehensive legal services to clients on general commercial matters and complex commercial transactions such as Joint ventures, limited liability companies, partnerships, Capital Markets, Taxation, Mergers and Acquisition, Corporate Governance and Compliance, Banking, Foreign Investments, Project Finance, Real Estate and Insurance. Our Corporate and Commercial practice team is equipped with a broad range of skills and experience in the Commercial & Corporate practice areas.

Our firm has acted as solicitors to issuing houses on the public issue of shares and has been involved in raising capital for State Governments and publicly quoted companies through various Bonds Issuance Programmes.

We act as consultants to multinational companies seeking to increase their investments in Nigeria and give legal advice on current changes in laws as they may affect the operations of our clients.

Clients value the effectiveness of our team and the quality of our legal expertise.

Corporate Governance

In addition to our company secretarial services, we also advise clients on their corporate governance requirements based on the respective sector which the client belongs to. We ensure that our clients comply with the applicable Codes of Corporate Governance and establish internal corporate governance measures as may be required by Nigerian Laws.

One of our major transactions in this sphere was advising a Consortium that purchased a commercial bank in Nigeria on post-acquisition matters on corporate governance, the role of an independent director, role of the chairman and issue of non-interference with the management of the Bank, process of granting loans, employment and recruitment in the Bank to ensure that the institution is professionally managed with strong ethical values.

Debt Services, Restructuring and Insolvency

We offer dispute resolution advice and we have significant experience in restructuring and insolvency. We have advised stakeholders on all stages and aspects of financial distress, including capital and corporate restructurings, formal insolvencies and so on.

We have a practical and commercial approach to debt restructuring, debts and asset swaps and we have worked on both sovereign and foreign debts. One of the major cases we were involved in was the recovery of a debt of $16,000,000.00 (Sixteen Million Dollars) on behalf of a client.

Due Diligence Support

Investing in an emerging market can be fraught with dangers therefore, before making any major acquisition in companies in Nigeria, it is advisable to conduct a thorough due diligence exercise. We have conducted virtual and physical due diligence exercises on behalf of various clients.

 

Our findings from some of these exercises have assisted our clients on how to proceed with their proposed transaction or have placed them in a better position to negotiate the sale price and the warranties to be given in the transaction. Our Firm has been involved in several due diligence exercises in the last few years.

Employment and Labour

Giwa-Osagie & Co. for many years has acted on behalf of both employers and employees in the private and public sectors in Nigeria. We are well-equipped to deal with any dispute that may arise out of employment relationships. We have acted in numerous high profile cases and have represented clients in superior courts of record in Nigeria in employment related disputes.

We advise clients on matters ranging from employment contracts, restraint of trade or confidentiality agreements; retrenchments; regulatory compliance with pension laws, wrongful dismissal and constructive dismissal.

The firm offers both national and international labour law services (with its specialist Labour Employment lawyers) to Nigerian and International companies.

Energy and Natural Resources

Giwa-Osagie & Co. has developed a major practice in the Energy and Natural resources sector which encompasses Mining, Oil & Gas, and Power projects.

Giwa-Osagie & Co. renders advisory services on regulatory matters, development, acquisitions and disposal of assets in the oil & gas industry.

We also provide legal advisory services in the following areas: the issuance of oil exploration licenses (OELs); Oil prospecting licenses (OPLs); Oil mining leases (OMLs); other contractual arrangements, such as production sharing contracts (PSCs) and service agreements or service contracts (SCs); and consent to the assignment of licenses and contractual interests in oil and gas assets.

We have drafted and negotiated terms of Production Sharing Contracts, Joint Venture Contracts and also reviewed Gas Supply Contracts in the oil and gas sector.

Our Senior Partner, Mr. Osayaba Giwa-Osagie was appointed a member of the Legal and Regulatory Committee charged with the responsibility of drafting the Petroleum Industry Bill.

We advise clients on Power Purchase Agreements (PPA), acquisition of equity interests in Independent Power Producer (IPP) projects and power generation projects in the power sector. We advise both foreign and local operators on privatization, regulation and tariff of electricity utilities. We have also advised foreign and local companies on the investment opportunities in the Power sector.

We have considerable experience in mining operations. We advise on the exploration and exploitation of mineral resources and the establishment of mining interest in Nigeria. We have reviewed Exploration Agreements and Joint Venture Agreements on behalf of major mining companies in Nigeria.

The Firm advised a multinational cement manufacturing company on its $500 million expansion programme. We reviewed and advised on an Implementation Agreement between a State Government in Nigeria and corporate entities relating to the development, construction, ownership, operation and maintenance of a Hydroelectric Generating Dam Project. We have also reviewed and advised on Power Purchase Agreements and carried out due diligence exercises on the various companies involved in a project.

Financial Technology- Fintech

Financial Technology, also known as “FinTech” describes a business that aims at providing financial services by making use of software and modern technology.

We provide full scope of local and global business legal services to our clients by advising them on their corporate matters, data and technology issues, Intellectual Property (IP), exit strategies and regulations that can change or even drive client business plans.

We also advise major players across the financial services, telecoms and technology industries including payment providers, FinTech platform operators, new model finance providers and other FinTech players leveraging disruptive technology or business models.

Foreign Investments

Giwa-Osagie and Co. has over the years advised foreign investors on the requirements for doing business in Nigeria, incorporating a Nigerian company as well as establishing a representative office in Nigeria. Our Firm gives advice to clients from all over the world on Foreign Direct Investments (FDI) in Nigeria. We negotiate complex joint venture agreements on their behalf on a regular basis. We provide advisory services to foreign investors on areas of laws applicable to foreign investments including tax, immigration, corporate and financial services regulations in acquiring, managing and divesting investments in Nigeria.

We also render advisory services on the legal, regulatory and procedural requirements of the Nigerian Immigration Service (NIS) and other regulatory agencies to ensure that our Clients’ foreign investments are well protected.

Infrastructure
(e.g. Construction of Cement Plants and Road projects)

Giwa-Osagie & Co assists clients with legal issues arising from high profile infrastructure projects of all sizes and complexity from private projects to large and complex projects.

 

We assist contractors and subcontractors with all legal issues relating to the construction process from land acquisition and project financing to post construction claims settlement. This involves such matters as concession contracts, joint ventures, construction contracts, subcontracts, technology supply, license agreements, technical service agreements, project management agreements, operational management agreements, contract negotiation, formation and compliance, quality of work issues, competitive bidding, timeline issues and issues arising from payment or non-payment for work performed.

 

We provide advice to companies involved in the construction of Power Plants, Housing Estates, Road Projects and expansion of Cement Plant lines. We also have experience in reviewing and negotiating Engineering Procurement Construction (EPC) Contracts Onshore/Offshore Contracts. We do this on a regular basis.

Intellectual Property

Giwa-Osagie & Co. protects the rights of clients to maintain an economic monopoly for their creative works and their exclusive right to production, reproduction or adaptation of their creative work. This protection includes maintenance and entertainment of its client’s industrial and intellectual property rights.

We have significant experience advising clients on related issues such as regulatory matters, privacy, data protection, distribution agreements, brand names and usage and creative works and inventions. Our lawyers are skilled at trademark and patent registrations and renewals.

We also provide a full range of litigation and arbitration services in intellectual property disputes arising from infringements, patents, technology transfers, copyrights, trademarks, franchising, licensing, and trade secrets.

The Firm also conducts intellectual property due diligence/audit exercises of the Client’s portfolio for proper legal advice.

Telecommunications & Information Technology

We handle advisory and regulatory assignments in the Telecommunications Sector. Our IT lawyers are known for their ability to find practical solutions in this area of law. Our services include advising on the legal framework for operating in this sector ensuing compliance with the relevant laws and regulations and obtaining operational licenses in all areas of the telecommunications sector.

 

We serve clients in every sector of telecommunications, broadband and information technology industries including wireless service providers, Broadband and Internet Access Service Providers, Information and many other Communications Services Providers.

 

Our Corporate lawyers advise technology companies on a full range of corporate transactions and regulatory issues in the industry including M&A, Investment Agreements, Joint Ventures, disputes arising from IT contracts

Litigation and ADR

Our litigation lawyers offer varied expertise ranging from Company & Corporate law litigation, Criminal Litigation, Civil Litigation, Insolvency, Aircraft and Aviation claims, Energy and Natural Resources, Labour Disputes, Banking, Insurance Litigation, Taxation, Oil & Gas, registration of foreign judgment, Trademark, Contract claims of varied complexity, Admiralty and Shipping, Debt Recovery etc. The Firm acts as leading defence attorney to some of the world’s biggest carriers. We also represent the Asset Management Corporation of Nigeria (AMCON), Cement Manufacturing Companies and several banks in Nigeria.

Our litigation team emphasizes the Firm's commitment to its clients by responding robustly with formidable and resourceful litigation capabilities. The Firm handles a broad range of corporate and commercial disputes before the Federal and State High Courts, the Court of Appeal and the Supreme Court of Nigeria.

At Giwa-Osagie & Co., our experienced and highly qualified arbitration counsel provide vital expert advice and representation. The Firm often acts as counsel in international and domestic arbitrations involving multinational companies.

Media & Entertainment Law

We provide legal advice in the media and entertainment industries including music, film, television, publishing and advertising. We provide services to music artistes and producers in respect of their commercial matters such as drafting and negotiating agreements with record labels, television, book publishers and distributors.

We assist our clients in obtaining rights to musical compositions and sound recordings in television, movies and other forms of entertainment and media. We assist clients in the protection of their copyrights and trademarks through registration, licensing and enforcement.

We also advise on matters in the telecommunications sector. Our IT and Media lawyers are known for their ability to find practical solutions in these areas of law. Our services include advising on the legal framework for operating in these sectors, ensuring compliance with the relevant laws and regulations and obtaining operational licenses.

We advise technology companies on a full range of corporate transactions and regulatory issues in the industry including M&A, Investment Agreements, and Joint Ventures, disputes arising from IT contracts, cyber security, data protection and privacy. We also advised a major foreign National sole carrier on its acquisition of a Nigerian telecoms company.

Mergers and Acquisitions

Giwa-Osagie & Co. represents all categories of clients in mergers and acquisitions, including buyers, sellers, major stakeholders, lenders, financial advisors, individual investors, private equity funds and others.

In addition to handling acquisitions of capital-backed corporations and other closely held entities, we regularly negotiate acquisitions involving large and publicly traded companies. We have advised major telecommunications companies and conglomerates on mergers and acquisition transactions.

We have extensive and varied transaction experience in the ever-changing regulatory, legal, tax and business issues impacting our clients in these transactions. We have deep hands-on experience in M & A matters that ensures that the advice is focused on achieving our client’s goals.

We also give updates to our clients on the relevant laws governing M & A in Nigeria. Currently, M & A is regulated by the newly enacted Federal Competition and Consumer Protection Act 2018 in Nigeria, administered by the Federal Competition and Consumer Protection Commission.

Private Clients & Wealth Management

Giwa-Osagie & Co offers a range of services for our private clients including estate administration, inheritance and tax matters. We represent high net worth individuals in Nigeria.

We render legal advice to our private clients on the incorporation of companies, estate administration and probate matters. We ensure that our clients are provided with the best legal services to suit their personal needs.

Private Equity & Venture Capital

We advise on a wide range of private equity transactions including the structuring of private equity funds, tax efficient investment arrangements, acquisitions, equity investments and financing.

Giwa- Osagie & Co is a member of the African Private Equity and Venture Capital Association which is focused on promoting and enabling private equity investments in Africa.

We have a team of lawyers who are vast in the area of financing and private equity investments and the lawyers have over the years provided quintessential legal services and advice to both foreign and local clients in this field.

Privatization/PPP

Our firm has developed a major practice in the area of privatization. Since the first phase of the privatization programme, Giwa-Osagie & Co. has been involved in the process as consultants to state governments, local and international companies. Our firm represented a leading cement manufacturer in Nigeria on its privatization exercise.

We were appointed by the National Council on Privatization (NCP) as Solicitors to the issue for the offer for sale of the Government’s shares in FSB International Bank Plc. This was the first company to be listed on the Stock Market under the last programme.

Project Finance

Project Finance is the funding (financing) of long-term infrastructure, industrial projects and public services using a non-recourse or limited recourse financial structure. The debt and equity used to finance the project are paid back from the cash flow generated by the project.

The firm has vast experience in advising on legal matters relating to project structuring and development, financing, construction and other contract issues across every sector including power generation and transmission, oil and gas, mining, telecommunications and public-private partnerships amongst others.

We represent clients as well as multilateral and bilateral agencies in every type of transaction from complex international co-financings to capital markets-based projects.

Giwa-Osagie & Co. advises banks and companies on the structuring of major projects in Nigeria. We also advise clients on asset based financing transactions involving storage terminals, aircraft, ship and real estate. We have advised major cement companies in England and France on structuring their investments in Nigeria.

Real Estate

We have hands-on experience in the sale and purchase of various types of properties. For over two decades, we have worked for corporate organizations, Foreign Embassies and private clients on various property transactions. We prepare cell site lease agreements and proffer opinions on issues that arise from the lease of the cell sites.

We provide legal support in the sale and perfection of title to land in Nigeria. We recently represented a foreign government in the acquisition of land at Eko Atlantic City.

Our services include negotiations with relevant parties, drafting of legal documents for the lease or conveyance of properties and drafting of property security documents such as Mortgage Agreements. We also assist clients to conduct due diligence on properties and also registration of such property transactions with the relevant authorities as required under Nigerian Law.

Risk and Regulatory Compliance

We assist our clients in controlling, managing and predicting risk associated with regulations and the challenges of meeting regulatory requirements. We advise our clients on compliance with all laws existing in Nigeria. We ensure that our clients are aware of and take steps to comply with relevant laws, policies and regulations. We assist our clients in identifying the applicable laws and regulations to achieve a broader understanding of the regulatory environment before commencing operations in Nigeria.

We ensure that our clients in the manufacturing sector comply with the guidelines issued by the National Agency for Food and Drug Administration and Control and the Standard Organisation of Nigeria. We also advise our clients on the need to comply with the Nigeria Data Protection Regulation issued by the National Information Technology Development Agency.

The law is dynamic and not static, thus, we advise companies on new laws which they need to comply with on a regular basis. There are financial penalties for non- compliance with certain laws and regulations, so we ensure that our clients put in place robust regulatory and compliance structures in order to avoid potential penalties.

Shipping & International Trade

Giwa Osagie & Co. is active in the areas of International trade, shipping and maritime law. We offer our clients comprehensive legal services on charter-party disputes, cargo claims, charter party, carriage contracts, limitation and extent of carrier’s liability, bill of lading, marine insurance and safety, regulatory and general legal issues.

We have advised ship owners, operators and charterers on registration, leasing and purchase of ships and negotiating the settlement of claims that may arise together with issues bordering on carriage of goods by sea statutes, cabotage and investment in the shipping industry.

We have varied experience in matters ranging from traditional "blue water" shipping, personal injury, cargo, long shore and towage operations to "brown water" oil and gas activities involving the exploration, development, pollution and environmental litigation, production and transportation of oil and gas. We also have vast experience in the registration of bareboat charter agreement and Ship Mortgage Agreement at the Nigerian Ship Registration office.

Taxation

The firm has wealth of experience in advising both local and international clients on Tax regimes applicable to various transactions in Nigeria. We render legal opinions on how best clients can conduct their business affairs to attract the minimum or zero tax implication.

We are also involved in the registration of clients with tax regulatory bodies, filing of tax returns and assisting clients to comply with other tax regulation.

Our long standing expertise is evinced in Property Taxation, Petroleum Profit Tax, Value Added Tax, Withholding Tax, Capital Gains Tax, Companies Income Tax, amongst others.

White Collar Defence

With our blend of commercial and litigation expertise, we provide legal representation to clients facing potential exposure to civil and criminal liability on allegations involving fraud, bribery, political corruption, money laundering.

We assess the risks arising from investigations and enforcement actions. We also provide legal advice on sanctions and securities regulations.

The resolution of problems with no charges filed is our first priority. However, we defend our Clients when their personal freedom and reputations are at stake.