We are the leading law-firm specializing in public-private partnership in Nigeria and are regularly retained by the Governments at all levels and by private investors to provide our services. The PPP sector in Nigeria is gradually gaining momentum and we are seeing active collaborations in this aspect in the areas of road and other construction projects.

As a top PPP law firm, our expertise is highly regarded in the industry and we pride ourselves as the leaders of thought especially having been inaugural advisers to the Federal Government of Nigeria on a first-of-its-kind reconstruction and expansion of Lagos-Ibadan Dual Carriageway under public finance initiative in Nigeria.

Our public-private partnership lawyers are able to assist clients from the preliminary stages and throughout the lifecycle of a project. We usually review relevant state, local and other applicable laws and policies relevant to any given project, provide a comprehensive due diligence report, advise on compliance issues and other related regulatory matters, review and prepare essential and critical documentations in support of any given project etc

Examples of our Firm’s extensive experience in PPP include:

• Provided legal opinion on the various aspects of PPP models including build operate and transfer agreements (BOT), joint-venture arrangement [JV], rehabilitate-operate-transfer [ROT], lease-renovate-operate-transfer [LROT] etc.
• Advised on the procurement process which included preparing the EOI document used for proposals from eligible bidders, advised on the tendering process, evaluation of successful bids, prequalification of bidders etc.
• Reviewed all available documents including previous and draft contracts in relation to the Project and not limited to:
  • Legal and Regulatory Reviews,
  • Institutional Reviews,
  • Finance Operate and Maintain Agreement (FOMA),
  • Engineering Procurement and Construction (EPC) contracts,
• Reviewed the existing legal Due Diligence to ensure that all relevant legal requirements for developing the Road within the existing Federal Right of Way and for concessioning of the Road to a private operator can be met.
• Confirmed the legal standing of contracted parties and advised on any encumbrances that might affect the successful delivery of the Financing and the Operation and Maintenance concession.
• Advised on re-structuring the contractual arrangement in line with current developments such as conditional ICRC approval of the FBC and developments on the lawsuit against stakeholders by the previous concessionaire.
• Assisted in the bidding process for the concession and/or O&M; reviewed any agreements including Concession and O&M Agreements, the Bid or Swiss Challenge Documents, vetting reports including the final FBC Report.

Our Areas of Expertise include:

• Preparing and drafting public-private partnership agreements including EPC contracts

• Advising on acquisition of rights related to infrastructure or project site.

• Acting as counsel in litigation and/or other dispute resolution mechanisms

• General contract reviews including facility agreements. Mortgage facilities between private party and financial institutions.

• Advising on mezzanine lending, construction lending etc.

• Securitization