Firm / Organisation

ǼLEX

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Managing Partner: Mr. Theophilus I. Emuwa
Number of partners: 9
Number of lawyers: Over 60
Languages: English, French

Firm Overview:
ǼLEX is a full-service commercial and dispute resolution law firm with offices in Lagos, Abuja and Port Harcourt, Nigeria and Accra, Ghana. Lawyers are admitted to practice in multiple jurisdictions including Nigeria, Ghana, England and Wales. Some lawyers have multidisciplinary qualifications in areas such as political science, economics, business administration and engineering.

Practice Areas:
■ Aviation
■ Banking & Finance
■ Business Re-organisation & Insolvency
■ Capital Markets
■ Corporate & Commercial
■ Energy & Natural Resources
■ Transportation
■ Environment
■ Infrastructure
■ Insurance
■ Intellectual Property
■ Labour & Employment
■ Litigation & Dispute Resolution
■ Regulatory Compliance
■ Shipping & Maritime
■ Agriculture
■ Tax
■ Technology, Media & Telecommunications

Aviation:
ǼLEX has been acknowledged as the leading aviation practice among Nigerian firms. Its expertise covers corporate, commercial, transactional, structured finance, leases, sale/leasebacks and dispute resolution matters. The firm represents all segments of the aviation industry including airlines, leasing companies, airport operators, and aviation logistics service providers, aircraft manufacturers, financiers, aviation insurers, MROs and regulators.

Banking & Finance:
ǼLEX is acclaimed for its banking and financial transactional work. The firm advises on financing structure, subordination and credit issues, tax aspects of transactions and regulatory approvals/compliance issues. The firm assists its clients on such issues as investment and divestment, foreign exchange remittance and restrictions, recording and disclosure requirements and insolvency.

Corporate/Commercial:
The corporate and commercial practice of ǼLEX has won the respect of clients and practitioners for the quality of its advisory and transactional work. Members of the team bring a firm grasp of commercial realities to bear in structuring and documenting transactions. Its services include due diligence and company secretarial services. The firm has an impressive advisory portfolio traversing issues such as corporate structure, corporate contracts, corporate governance, regulation of corporations, the organisation and mode of subscription of capital, transferability of shares, composition of the board and management, employment issues and finance.

Energy & Natural Resources:
The firm’s energy practice is the primary point of reference for investors engaging in Nigeria’s oil, gas, power and renewable energy transactions. The firm’s expertise covers legal, regulatory and policy issues as well as commercial and fiscal matters that arise in these transactions. The firm provides advice on energy and utilities finance, energy mergers, acquisitions and joint ventures, electricity and gas transmission, distribution and supply, power purchase, offtake and tolling arrangements. It conducts legal and entry due diligence in relation to the acquisition of commercial assets. The firm assists clients on the corporate structuring of legal vehicles as well as local content issues. ǼLEX advises clients on several regulatory and contractual issues involved in renewable energy and CDM projects.

Environment:
ǼLEX’s environmental practice is the foremost environmental law practice in Nigeria. The firm has developed extensive expertise in several areas of environmental law and represents both public and private entities as well as government. The firm practises in specialised and complex areas of environmental law and represents clients in regulatory matters, permit proceedings, due diligence investigations, litigation and a variety of corporate transactions. It advises on emissions trading, carbon reduction and clean development mechanism projects.

Intellectual Property:
ǼLEX’s intellectual property practice is recognised as one of the leading IP practices in Nigeria. The firm provides services to large multinational corporations who are engaged in telecommunications, oil and gas, biotechnology, software, pharmaceuticals and banking. The firm assists clients with matters (contentious and non-contentious in nature) relating to trademarks, patent, copyright, franchising, licensing, trade secrets, distributorship agreements and technology transfer. It also assists clients with the registration of products with the National Agency for Food and Drug Administration and Control (NAFDAC). The firm files trademark, patent and design applications in Nigeria, in Ghana directly and in ARIPO and OAPI countries.

Dispute Resolution:
The firm has one of Nigeria’s largest and most experienced commercial litigation and dispute resolution practice groups. The department is headed by a senior advocate of Nigeria with over 40 years’ experience in commercial litigation and corporate dispute resolution and comprises other highly skilled practitioners. ǼLEX’s litigation group represents corporations, partnerships, airlines, banks and individual entrepreneurs in commercial, financial and business litigation of all types. ǼLEX has significant expertise in commercial international arbitration. The firm regularly provides legal advice and opinions to clients and act as arbitration counsel in both domestic and international proceedings either solely or as co-counsel with international counsel, where required. Members of the arbitration practice group are also regularly appointed as arbitrators.

Regulatory Compliance:
The firm has an active anti-business fraud, anti-bribery and corruption and regulatory compliance practice, advising its clients on how the FCPA, UK Bribery Act and other foreign legislation impacts on their operations in Nigeria. ǼLEX is the Nigerian partner firm for TRACE International.

Tax:
ǼLEX is the law firm of choice in Nigeria when it comes to tax and revenue matters. Drawing upon the knowledge and experience of its lawyers and the firm’s large network of contacts within and around the revenue establishment, ǼLEX is able to provide clients with practical high-level tax advice and services on a wide range of issues including corporate taxation, taxation of employment income, value-added tax, permanent establishment issues, transfer pricing and withholding tax.

Technology, Media & Telecommunications:
ǼLEX provides quality legal services to Nigerian and International technology, media and telecommunications companies. Its team of specialist lawyers offer cutting edge solutions to both routine and complex legal issues, relating regulatory compliance in data privacy, cybersecurity (GDPR), technology acquisition including software development and licensing, project financing, operational framework, competition law, mergers and acquisitions, corporate restructuring, debt restructuring and dispute resolution.

Clients:
ǼLEX predominantly represents international clients. The firm also collaborates with foreign law firms on cross-border matters.

International Work:
■ Advising a Nigerian bank on the listing of Global Depository Receipts (GDRs) on a major international exchange
■ Advised on the acquisition by the Coca-Cola Company of 40% equity in CHI Limited, a leading producer of juice and value-added dairy brands in Nigeria
■ Advising a leading international ropeways manufacturing company on the development of an aerial cable car transportation system in Lagos, Nigeria pursuant to a franchise arrangement with the Lagos State government
■ Defending a South African retail merchandiser and its local subsidiary in a claim at a Nigerian High Court for breach of contract, loss of economic opportunity and economic interference with a contract worth US$350 million plus an enquiry into the loss of profits
■ Representing a Brazilian oil and Gas Company in arbitration and litigation at the Nigerian Court of Appeal in respect of an equity re-determination process involving several international oil companies
■ Advising an oil and gas company on its proposed establishment of a gas processing plant which will function as a tolling facility, for third-party users. The scope of work includes advising on the legal structure of the project, preparing, negotiating and ensuring completion of various gas agreements, etc.

Firm Contact:
Partner: Mr Soji Awogbade
Tel: +234 1 461 5880
Email: [email protected]