ADEKWU EMONYE OLAYINKA
Biography
Emonye graduated from Ahmadu Bello University Zaria in 2001 and was called to the Nigerian Bar in 2003. He obtained his LLM in Construction Law from the University of Strathclyde, Glasgow, Scotland. He was called to the Bar of England & Wales in 2013. He is a notary public of Nigeria.
Emonye’s experience includes work in Nigeria and the United Kingdom. His practice covers both trial and appellate courts. He has been involved in several notable and complex cases several of which he was co-opted by other lawyers (including senior advocates) for his ability to navigate through complex legal issues and proffer comparatively easy yet robust solutions.
In addition to the practice as a litigator, Adekwu is a particularly competent transactional lawyer. He has acted as a solicitor in respect of corporate restructurings, mergers, and acquisitions, asset purchases, debt negotiation, etc. He is also an arbitrator, so qualified by the Chartered Institute of Arbitrators UK.
He is a member of the Chartered Institute of Arbitrators (UK and Nigerian branches), the International Bar Association, the Nigerian Bar Association, Lincoln’s Inn and the Bar of England and Wales. He plays golf, chess and basketball.
His experience includes but is not limited to:
- The litigation of serious disputes in various sectors (e.g. election petitions, commercial practice, criminal law etc.) which includes the development of strategy, the drafting and or review of court processes, advocacy in all superior courts in Nigeria, etc.
- Advising an IOC in relation to corporate restructurings in Nigeria particularly in relation to divestment of assets, voluntary winding up of subsidiaries, etc.
- Acted as liquidator, pursuant to a voluntary winding up resolution, of a joint venture company based in Lagos with commercial interests in Abuja, Jos and Nasarrawa
- Advising the United States Embassy Abuja in relation to both acquisition and divestment of property, compliance with local Nigerian Laws in terms of employment (adhoc and permanent), remuneration, retirement schemes viz a viz the Vienna Conventions (i.e. Vienna Convention on Diplomatic Relations and Vienna Convention on the Law of Treaties)
- Advising the holder of an OML with regards to its funding requirements in relation to its operations in Nigeria. Further advised the OML holder in relation to its restructuring needs (equity and debt) for the purpose of receiving further foreign investment.
- Periodically represents and or advices the Securities and Exchange Commission in relation to the interpretation and or enforcement of the provisions of the Investments and Securities Act
- Advised and drafted comprehensive shareholders agreement towards introducing and instilling international best corporate governance procedures in the management of a public company and ensuring an amicable resolution to various conflicts of interests (and litigation) hitherto existing
- Acted for the Asset Management Corporation in relation to the enforcement of personal guarantees given by directors of private company in respect of the qualifying loan (or “EBA”)
- Acted for the FGN and others in various matters in court pertaining to debt recovery, restructuring, etc.
- Acted for the Bureau of Public Enterprises (BPE) i.e. agency responsible for privatization programme in Nigeria, in various privatization matters.
- Advised a commercial bank in relation to the acquisition of an insurance company including conducting due diligence, preparation of Acquisition Agreement, organising completion Board meeting, preparing resolutions and other transfer documents and dealing with post completion compliance issues.
- Involvement in both private placement and public issue of shares of a commercial bank in 2006.
- Involvement in international acquisitions of companies, oversea solicitors work and negotiation of international management agreements and other transactions between 2012 to 2015.
- Adviser to Panel of Arbitrators in relation to arbitration in respect a contract between the Federal Government of Nigeria and a contractor pertaining to the acquisition of military weapons and special training of Nigerian soldiers.
- Counsel (team member) in respect of arbitral proceedings presently ongoing at the LCIA, London.
- Negotiation and preparation of joint venture agreement, technical and other service contracts, shareholders agreements, distributorship agreement, building contract etc.
Preparation of banking security documents, trust deeds, mortgage, debentures, leasehold agreement, power of attorney etc. - Registration of trademarks, patents, designs and inventions.
- Company formation, preparation of documents for incorporation, secured business permits, expatriate quotas, allocation of approved status, pioneer status, etc