Overview:
Giwa-Osagie & Company was established in 1986 and has been a member of LEX Africa since
Giwa-Osagie & Co is a law firm widely renowned for its expertise in major practice areas
including but not limited to aviation, banking and finance, oil and gas and mining industries. The
firm is wholly comprised of top-tier professionals and has for over 30 years consistently
delivered impeccable legal advice to its clients which consist of leading multinational companies and promising start-ups amongst others. Our key strength lies in our experience, expertise, and industry in proffering solutions to knotty legal issues and this has ensured we remain relevant on the local and global stage of the legal
practice.
The firm is a member of various professional and business associations such as the International
Bar Association, Section on Business Law of the Nigerian Bar Association, Capital Market
Solicitors Association, the Nigeria-South Africa Chamber of Commerce, the Nigerian-British
Chamber of Commerce, the Franco-Nigerian Chamber of Commerce and the International
Chamber of Commerce amongst others.
The firm’s lawyers are members of many professional associations including the International
Bar Association, the Nigerian Bar Association, Employment Lawyers Association of Nigeria,
Capital Market Solicitors Association, Nigerian Maritime Law Association, Institute of
Chartered Secretaries and Administrators, Chartered Institute of Stock Brokers, Chartered
Institute of Arbitrators (U.K), amongst others.
The firm is cited in the following international lawyers’ publications:
- Chambers Global
- IFLR 1000
Giwa-Osagie & Co is a law firm widely renowned for its expertise in major practice areas
including but not limited to aviation, banking and finance, oil and gas and mining industries. The
firm is wholly comprised of top-tier professionals and has for over 30 years consistently
delivered impeccable legal advice to its clients which consist of telecommunication and
information technology giants, leading multinational companies and promising start-ups amongst
others.
Our key strength lies in our experience, expertise, and industry in proffering solutions to knotty
legal issues and this has ensured we remain relevant on the local and global stage of the legal
practice.
Practice Areas:
- Aviation
- Banking and Finance
- Business Advisory & Immigration
- Capital Market and Securities
- Company Secretarial Services
- Competition and Anti-Trust Law
- Communication & Media
- Construction
- Corporate Finance
- Corporate and Commercial
- Data Privacy
- Debt Services, Restructuring and Insolvency
- Labour and Employment Law
- Financial Technology
- Debt Services and Restructuring
- Dispute Resolution and Arbitration
- Energy and Natural Resources
- Foreign Investments and Divestment
- Insurance
- Intellectual Property
- Maritime
- Mergers and Acquisitions
- Oil & Gas
- Power Projects
- Private Equity
- Privatisation/Public Private Partnership (PPP)
- Project Finance
- Real Estate
- Regulatory Advisory
- Tax
- Telecommunications & Information Technology
- Real Estate
- Mining
- Regulatory Enforcement and Compliance
- Telecommunications and IT
Highlights:
“Osayaba is a Senior Advocate of Nigeria and a Senior Partner of Giwa-Osagie & Co. He is an
experienced litigator and also a Corporate/Commercial lawyer with experience spanning over
33 years. He has over the years advised several clients, both local and international clients on
legal issues arising from various commercial transactions. His experience spans across core
areas such as oil & gas, construction, public and private partnerships, project finance,
corporate finance, regulatory compliance, aviation, banking, mergers & acquisition etc.”
(IFLR1000, 2024 Edition)
“Osayaba Giwa-Osagie SAN has transactional experience which includes drafting agreements
and conducting due diligence. He acts for clients in sectors such as energy, finance and
consumer goods and is also a regular feature before Nigeria’s courts.”
(Chambers Global, 2023 edition)
Achievements
In the last 1 – 3 years:
- Our firm acted as transaction Solicitors for the lease of a multi-million dollar property for commercial use by an International Airline operating in Nigeria. The transaction involved conducting due diligence, reviewing the lease agreement, ensuring compliance with applicable Nigerian laws, negotiating favorable terms for the Airline etc.
- We successfully defended an intricate commercial dispute/litigation case brought against a leading commercial bank in one of the West African countries. Two main cases arose from the dispute and the firm secured favourable judgement in both cases in the High Court.
- Advised an international company in relation to the Nigerian jurisprudence on taxable presence.
- Completed questionnaires for a renowned electronics company on legal and regulatory issues and prepared memoranda covering corporate structure, labor, immigration, exchange control, regulatory reporting requirements, intellectual property and issues pertaining to Nigerian law etc.
- Carried out due diligence on behalf of an Embassy (Consulate) in Nigeria on its property.
- Advised a client that played the role of a merchant engaging a Payment Service Solution Provider for the deployment and support of POS Terminals, both physical and virtual, to enable it accept Card payments; amongst several other transactions.
In general:
SIGNIFICANT MATTERS OVER THE YEARS THAT REMAIN RELEVANT TO THE FIRM’S GROWTH AND RECOGNITION
- Advised a multinational cement company on its $500 million expansion program, including reviewing the engineering, procurement, and construction contract, the operations and management agreement, and the power purchase agreement.
- Successfully settled over 150 aviation-related claims
- Advised an international development company based in Washington DC, on the implementation of its U.S. Government-funded projects in Nigeria, providing guidance on registration options, labour and tax laws, corporate regulatory requirements, immigration, contract enforcement, real estate, exchange control, and employment contracts.
- Advised a South African telecommunications company on its proposed acquisition of a public limited liability telecommunications company in Nigeria.
- Advised a South Korean company, on its proposed Oil and Gas operations in Nigeria, including regulatory compliance with the Nigerian Oil & Gas Industry Content Development Act, 2010, immigration, tax, exchange control, and foreign investment laws.
- Advising an American company, and its Nigerian subsidiary in the food manufacturing sector for over a decade on various regulatory issues, regularly engaging with local regulators such as NAFDAC and SON to ensure compliance with applicable laws.
- Advised a U.S. based private foundation and tax-exempt charitable organization under U.S. law, on the appropriate legal structure for maintaining a fixed-term presence of one to two employees in Nigeria. Our firm also provided guidance on the legal requirements for offering health benefits and provident fund contributions to locally engaged staff in Nigeria.
- Legal Consultant to a Swiss-incorporated entity in a proposed acquisition of a Luxembourg entity and its four subsidiaries in Nigeria. Conducted due diligence on the four Nigerian subsidiaries. Advised on exchange control laws, transaction currency and tax implications of the transaction. Advised on the fulfilment of closing conditions for the share purchase agreement in the transaction. Liaised with several government agencies including the Federal Inland Revenue Service, Central Bank of Nigeria, Ministry for Labour & Employment, Corporate Affairs Commission and many others.
- Legal Counsel to a Bank in the proposed divestment of its 100% equity capital.
- Advised an international company on the legal and regulatory considerations involved in a cross-border management work arrangement within a group of companies relating to reporting structure/employee leasing.
- Advised and assisted an international company on setting up a local entity as an Employer of Record (EOR) company in Nigeria.
- Legal counsel to a USA-based company and its Nigerian subsidiary. The company is involved in the importation, local production, marketing and sale of non-alcoholic beverage (energy) drinks in Nigeria.
- Advised a UK-based organisation involved in investment in green energy transactions and renewable power solutions in developing and emerging economies.
- Reviewed the Guarantee Agreement, the Reimbursement and Credit Agreement, and the multi-million dollar Letters of Credit in relation to a Gas and Supply Agreement. We advised on all aspects of the agreements, particularly on the representation and warranties of the parties involved and conditions for the issuance of the credit.
- Advised a French public specialized financial institution on its Euros 5 million loan to Micro Finance Bank to finance housing projects to low income earners in Nigeria in partnership with a Nigerian company in the construction industry.
- Negotiated the restructuring of a $7,000,000.00 (seven million dollars) loan involving a Nigerian Telecommunications Company and a foreign company
- Advised a company on its operations in the Oil and Gas industry in Nigeria in compliance with the Local Content Act, tax, immigration, exchange control and investment laws in Nigeria.
- Legal Consultant in the disposal of 14.57 hectares of land located in Lekki, Lagos.
- Provided legal advisory services to a U.S-based international development firm by reviewing and advising on employment agreements for its locally engaged staff.
- Advised a telecommunications company on its nationwide cell site expansion.
- Advised several organizations in mergers and acquisitions transactions, on implications of same on redundancy, employment contracts, terminating and re-hiring of employees etc; amongst several other transactions.
