Advocacy
& Alternative Dispute Resolution Practice
PUC has been involved in nearly all the landmark communications
litigation in Nigeria including the pioneer lawsuit
against, NCC and others by Motophone Limited challenging
the revocation of its spectrum and mobile cellular licences.
We have also represented the NCC in a number of other
lawsuits that challenged its decisions pursuant to the
Nigerian Communications Act.
In 2000 the Federal Government instituted a Commission
of Inquiry into the management of NITEL. PUC was one
of three firms which represented NITEL, and was solely
responsible for providing all the specialized support
and advice, in communications law and practice, for
the representation of NITEL.
PUC is representing several individuals and corporate
persons in two-pronged landmark litigation that seek
to reverse a recent foreign direct investment of more
than US$1bn in one of Nigeria's leading mobile telephony
companies. We successfully defended the shareholders
of the same leading mobile telephony company in an
international arbitration in respect of the pre-emptive
rights in a Shareholders Agreement. In two different
proceedings, we successfully set aside an arbitral
award against NITEL on the ground that it was not
a party to the arbitration agreement even though the
agreement was for its benefit and defended the company
in an arbitral claim brought against it by a former
consultant in respect of its headquarters building.
We won a taxation lawsuit against a Nigerian Local
Government in favour of a multinational oil and gas
company. A sister lawsuit against another Local Government
is pending. We are representing the same client in
another taxation lawsuit against a state government
in respect of tax assessments of over N4billion.
We are representing the Securities & Exchange
Commission, the Nigerian capital markets and investments
regulatory agency, in two landmark suits that seek
to define the statutory ambit of the Commission to
investigate capital market matters.
We represent a multinational oil and gas company
in a N1.2billion oil spill claim by an oil-producing
community.
We successfully defended Nigeria's pioneer trading
conglomerate and its former multinational parent in
a land litigation in which the claimants were claiming,
inter alia, for ownership and arrears of rent . The
losing parties have appealed against the judgment
and we are defending the multinational and the Nigerian
conglomerate before the appellate court. Also, we
are prosecuting a matter on behalf of NITEL in which
the plaintiffs claim to be the original owners of
the prime property owned by NITEL and are seeking
to reclaim ownership of the property.
Between 2001 and 2004, we represented Niger State
of Nigeria in six constitutional matters before the
Supreme Court. All the suits sought to define the
constitutional limits of Federal Government in respect
to revenues that accrue to the Federation Accounts,
enactment of anti-corruption legislation, urban and
regional planning matters, sharing of liabilities
between an older state and a new state that was created
from the older one. Within the same period 2001 and
2004 we also successfully handled several criminal
appeals on behalf of Akwa Ibom State before the Court
of Appeal and the Supreme Court.
We routinely and successfully handle employment matters
for our clients in all the superior courts of Nigeria,
ie, High Courts, Court of Appeal and the Supreme Court.
We successfully represented a bank in a case before
the Supreme Court where the plaintiff alleged negligence
by our client resulting in alleged financial losses.
The Nigerian sole representative of a leading multinational
earth-moving equipment manufacturer, instructed us
to negotiate an out-of-court settlement in a product
warranty claim for US$5,746,895.68 instituted before
a High Court against the company and its principal
by a state government agency. Based on our efforts,
the matter was amicably resolved and the terms agreed
entered as the judgment of the court. We also successfully
represented the Nigerian National Petroleum Corporation
and its subsidiary responsible for the importation
and distribution of refined petroleum products in
a product liability claim in regard to refined petroleum
products allegedly imported by the company. This landmark
case was instituted by a human rights and environmental
group.