ACADEMIC QUALIFICATIONS

Year of GraduationSchool AttendedQualification
2021Osgoode Hall Law School, York University Toronto CanadaPh.D.
2015University of TorontoGPLLM
2012Robert Gordon University, ScotlandLLM
1997Enugu State University of Science & TechnologyMBA
1988University of LagosLLM
1983Nigerian Law School (2:1)BL
1982University of Ife (2:1)LLB

EMPLOYMENT HISTORY

Position & OrganizationDate
President, PUNUKA Consulting Inc.February 2013 till date
Consultant, PUNUKA Attorneys & SolicitorsFebruary 2013 till date
Managing Partner, PUNUKA Attorneys & SolicitorsApril 2006 to January 2013
Managing Partner, PUNUKA Chambers/Idigbe & IdigbeMarch 1990 to March 2006
Partner, R.I. Kuku & AssociatesMarch 1989 to February 1990
Associate, Chambers of Mr. H.A. Lardner SANSeptember 1984 to February 1989
Lecturer, Nigerian Army School of Finance (compulsory one-year National Youth Service Corps)September 1983 to August 1984

WORK EXPERIENCE

Legal Adviser to Pfizer Inc. on Nigerian law with respect to several litigations in the USA and Nigeria relating to clinical study conducted during the 1996 Meningitis outbreak in Kano State, Nigeria.

Counsel for the Nigerian Electricity Regulatory Commission (NERC); has been involved in various cases such as 1004 Estates Limited v NERC & ors; Tolu-wani Adebiyi v NERC, among others.

Has acted as counsel to several ex-bank executives in a continuous flow of civil and criminal cases arising from the 2009 Central Bank of Nigeria (CBN) intervention and restructuring in the banking sector, with total value of claims and litigation worth over N150 billion.

Counsel to the Claimant, a Nigerian bank, in the recovery of a loan facility to part-finance the purchase of an Anchor Handling Vessel by a Ghanaian company.

Defence counsel in several high profile criminal cases such as State v. Senator Omisore involving charge on alleged murder where acquittal was obtained. Other cases involved allegations of white collar crimes.

Solicitor to Securities and Exchange Commission (SEC) since 1998. In this regard has been involved in all major capital market litigation in Nigeria from the old SEC v Owena Bank case at the Supreme Court; SEC v Union Bank: In re Bankolans at the Investment and Securities Tribunal; and the series of Cadbury or Itsueli v SEC cases at various courts including the Court of Appeal.

Nigerian law expert on liquidation of business enterprises in a London litigation involving the property of a former Nigerian Bank in liquidation.

Solicitor to the Bureau of Public Enterprises (BPE) in various matters; Ringardas Nigeria Limited v National Council on Privatisation, BPE & ors; Snytel I.G. Wills Communication Limited v Federal Government of Nigeria & 5 ors, among others.

Acted as Defence Counsel in a suit regarding a non-performing loan to the tune of N500 million; defended the action which sought to recover the debt and/ or achieve enforcement of the mortgage security. The suit was eventually settled with the Asset Management Corporation of Nigeria (AMCON), who bought the non-performing loan.

Counsel to the National Assembly in various litigations including Supreme Court case on declaration of emergency rule in Plateau State and the ANPP v Senator Nzeribe decamping case.

Lead Counsel to the Federal Airports Authority of Nigeria (FAAN) in fallout out of arbitration on lease agreement between AIC Limited v. Federal Airports Authority of Nigeria. Dispute involved arbitral award of damages of over USD 46 million against FAAN. The Federal High Court gave judgement in favour of FAAN setting aside the award.

Lead Counsel to the Federal Government of Nigeria (FGN) in litigation and settlement between FGN & 2 Ors v. Continental Transfert Technique Limited regarding fall-out of arbitration on Combined Expatriate Residence Permit and Aliens Card (CERPAC) agreement between the parties.

Involved in a multi-creditor restructuring work-out of over N20 billion in debts, acting as adviser to the debtor, a member company of a conglomerate that specializes in the manufacturing of aluminium related wares.

Adviser to the Receiver/Manager of Ikorodu Industrial Power Plant Limited (In Receivership) on the receivership process commenced by Zenith Bank Plc pursuant to a Deed of All Assets Debenture; and also in the process of resuscitating the power plant as a business rescue option.

Advised on enforceability of a foreign vessel mortgage in Nigeria, on steps to record such a mortgage and generally on foreign creditors’ rights in Nigeria with respect to insolvency proceedings.

Advised an oil servicing company in its acquisition of a 70 percent stake in another company under the federal government privatization programme, with regard to the investment agreement and investment implementation, which was aimed at restructuring parties’ obligations under the investment agreement as well as sourcing funds for the debt capital funding for the business; also acted as counsel to the major investors when dispute arose over the investment and the obligations/rights of the parties thereunder, and advised and reviewed amicable resolution and renegotiation of the terms of the transaction worth USD 240 million.

Counsel and negotiator for a judgment debtor/appellant in the sum of over N26 billion for an insolvent project finance transaction.

Provided legal advice to a Nigerian bank in respect of set-off agreement with the Asset Management Corporation of Nigeria (AMCON), particularly on the options open to the bank regarding clawback on sale of the eligible bank asset.

Represented secured creditors in the winding up of Alan Dick West Africa Limited, which began as a voluntary winding up but later converted to creditors’ compulsory winding up and recovery of over N100 million for the bank.

Acted on behalf of the Nigerian Deposit Insurance Corporation (NDIC) and provided expert opinions on various insolvency issues in dispute between the parties involved in relation to assets in London of a Nigerian bank under liquidation by NDIC.

Involved in the pursuit of several creditors’ claims against the Nigeria Telecommunications company (NITEL) and the Nigerian Mobile Telecommunications company (MTEL) in liquidation.

Involved in the cross-border liquidation of a wholly owned foreign company registered in Nigeria, involving the tracing of funds worth about N2.3 billion to over five different jurisdictions.

Advised and represented an engineering company in debt recovery matter worth about N270 million initiated as a collective proceeding by a financial institution.

Team leader, involved in both litigation and advisory capacity in the receivership of an oil rig in Nigeria, and also of the power plant of an energy company in Nigeria.

Anthony Idigbe SAN is a renowned international arbitrator. He has served as presiding, sole and party-appointed arbitrator in numerous arbitrations conducted under various sets of rules and different applicable laws, in various arbitral seats and across different business sectors. Some of these business sectors include oil and gas, mining, corporate governance, financial technology, insolvency, etc.

Anthony has represented clients in a vast number of commercial disputes involving sales of goods, distribution and agency, construction and engineering, insolvency, joint ventures, banking and finance, delivery of IT systems, and competition law infringements while serving as an arbitral counsel. He has been involved in international arbitrations administered by institutions such as the London Court of International Arbitration, the International Chamber of Commerce, Chartered Institute of Arbitrators UK, to mention a few.

A Fellow of the Chartered Institute of Arbitrators UK, he is an ardent member of several reputable institutions, associations, and societies such as the Users Council of the Singapore International Arbitration Centre, the International Insolvency Institute, the London Court of International Arbitration, Lagos Court of Arbitration, Legal History Society of Nigeria, Nigerian Bar Association, Association of International Petroleum Negotiators, the Institute of Directors Nigeria, Kigali International Arbitration Centre, etc.

Experience as arbitrator

 Chairman of Arbitral Panel/Presiding Arbitrator 

  • Chairman of the arbitration panel in a matter where the final award largely involved assessment of the extent of damages suffered by the claimant from alleged breach of the respondent’s obligations under vending agreement and a determination of adequate award of damages or monetary compensation.
  • Acted as presiding arbitrator in an arbitration which arose from dispute about alleged wrongful termination of a contract to provide services in certain Oil mining leases.
  • Chairman of the arbitration panel in a matter between an investor and a bank that acted as issuing house with final award largely involved with assessment of the extent of damages suffered by the claimant from alleged breach of respondent’s obligations under a vending agreement and a determination of adequate award of damages or monetary compensation. 

Co-Arbitrator

  • Co-arbitrator in an arbitration seated in London over sale of interest in an oil mining license.
  • Co-arbitrator in an arbitration seated in London over software development dispute between developer and payment solution provider. The award was published in February 2021.
  • Acting as a co-arbitrator in an arbitration involving a Moroccan company and a Nigerian company in respect of a Software License Device Supply and Implementation Agreement.
  • Acted as co-arbitrator in arbitration between operators of a joint venture in Nigeria’s oil and gas industry on one hand and an oil and gas exploration and production company, relating to claims regarding assignment of interest in an oil mining license and alleged wrongful termination of the agreement for assignment. Various declarative reliefs were sought in this claim.
  • Acted as co-arbitrator in a involving a breach of terms of contract for a software licensing, device supply and implementation service transaction.
  • Appointed as co-arbitrator for the national oil company and an international oil company in their dispute over project finance agreement for an oil mining license.

 Sole-Arbitrator 

  • Acted as Sole Arbitrator in an ad hoc arbitration relating to a shareholder agreement dispute over the control and management of a company that operates a petroleum products tank farm and appropriation of proceeds of the use of the tank farm.

Counsel to Parties

  • Counsel to the respondent/counterclaimant in matter involving ownership of a Car manufacturing plant/company. Matter was amicably settled with an arbitral award by consent.
  • Lead counsel to the claimant in arbitration between vessel owners and oil and gas service company involving claim for damages under charter party dispute. Final award rendered on 19th November 2010 in favour of the claimant
  • Lead counsel to the respondent in arbitration between a reseller of IT software and a top tier commercial bank involving claim for alleged unpaid invoices.
  • Lead Counsel to the respondent/counterclaimant in an arbitration involving underwriting claims. Final award rendered in favour of the respondent/ counterclaimant.
  • Counsel to the claimant in an arbitration in respect of dispute regarding unpaid invoices for services rendered on-board vessels belonging to the respondent.
  • Lead counsel to the claimant in an arbitration in corporate governance dispute involving assessment of damages. Final award rendered in favour of the claimant.
  • Lead counsel to the claimant in an arbitration involving claim for damages under charter party dispute. Final award rendered on 19th November 2010 in favour of claimant
  • Counsel to respondent/counterclaimant in an arbitration over management of the business of a company that owned a motor assembly plant. Matter was amicably settled with an arbitral award by consent.
  • Lead counsel to the respondent/counterclaimant in an arbitration between issuing houses and an issuer involving underwriting claims worth over N15 billion. Final award rendered in favour of the respondent/counterclaimant.
  • Counsel to the caimant in an arbitration between a major international oil company and its catering supplier in respect of dispute regarding unpaid invoices for services rendered onboard vessels belonging to the respondent.
  • Lead counsel to the claimant in an arbitration between shareholders over corporate governance dispute involving assessment of damages. Final award rendered in favour of the claimant.

Currently represents foremost telecommunication companies including Airtel Nigeria, Etisalat, Huawei, Tecno Telecom, amongst others, in matters bordering on litigation, site acquisition, product registration, trademark registration, legal opinion, community relations, tax, equipment and service agreement and other consultancy work.

Part of the legal team that prepared SEPLAT Petroleum Development Company for its dual listing on the main board of the London Stock Exchange and Nigerian Stock Exchange.

Recently appointed by the Securities & Exchange Commission (SEC) as Chairman of the committee set up to review some legislation/bills including the Investment and Securities Act (2007); the Nigerian Trade and Competition Commission Bill, the Federal Competition and Consumer Protection Bill, the Restrictive Trade Practices, Monopolies and Price Control Bill, and other laws/bills relating to Anti-trust and Competition in Nigeria.

Headed the legal team of LAP/CPCS/Transcom that provided legal advisory services to the Bureau of Public Enterprises (BPE) under the World Bank project for the development of appropriate privatisation strategies for Power Holding Company of Nigeria (PHCN) successor companies during the privatization programme of the federal government from 2007 to 2009, including due diligence on the successor companies.

Mediated as Chairman of panel of enquiry set up by the Federal Government in respect of a dispute arising out of a privatisation process and made recommendations to the Federal Government on the assessment of damages which led to the satisfactory settlement of the dispute between the parties.

Acted as legal and transaction adviser to principal parties to a renowned Nigerian telecommunication company in its proposed acquisition and restoration of NITEL’s SAT3/WASC cable system in 2008 – 2009. Also prepared the road map for establishing the Special Purpose Vehicle (SPV), memorandum of understanding between the parties seeking to invest in the SPV and other transaction agreements between the parties.

Headed the senior legal support team that worked with the Director General of the Bureau of Public Enterprises (BPE) and the Department for International Development (DFID) in reviewing the privatisation procedure and recommending new procedures.

National Coordinator for Nigeria, World Bank Global Forum of Law, Justice and Development Project on Treatment of Shareholders’ Rights in Insolvency of Companies.

Chaired the Technical Sub-Committee of the Securities and Exchange Commission (SEC) National Committee for the review of Investment Securities Act 1999 which led to the enactment of the Investment and Securities Act 2007.

Team leader for the revision of the Advertising Practitioners Council of Nigeria (APCON) Act and Code of Practice.

Team leader for the revision of Disciplinary Tribunal Rules of the Chartered Institute of Bankers of Nigeria (CIBN).

Member, Law Review Committee in Delta State that revised and updated the Delta State laws (2007).

Member, Petroleum Revenue Special Task Force set up by President Goodluck Ebele Jonathan in 2012.

OFFICES HELD

Founder and Pioneer Chairman/President, Legal History Society of Nigeria

Founder and Pioneer Chairman, Construction and Infrastructure Chambers of Nigeria (CICN)

President, Business Recovery and Insolvency Practitioners Association of Nigeria (2011-2013)

Founder and Pioneer Chairman, Capital Market Solicitors Association (2001-2006)

Visiting Professor, Christopher University

Chairman, PUNUKA Foundation

Director, Royal Exchange Plc

Chairman Ikeja Hotel Plc

Chairman, Commercial Give & Take

Chairman, Audit Committee, SEPLAT Petroleum Development Company Plc

Chairman, Audit Committee, Petra Microfinance Bank

Director, Leoplast Industry Limited (2012-2015)

Chairman, Salus Trust HMO

Nigerian Bar Association (NBA) Lagos Branch 2012 Role Model in Legal Practice Award

Justice Orojo Prize for Best Result in Company Law (1982) University of Ife, Osun State

International Bar Association (IBA)

Insolvency International (INSOL)

Chartered Institute of Arbitration (CIArB), United Kingdom

Business Recovery and Insolvency Practitioners (BRIPAN)

Advertising Practitioners Council of Nigeria (APCON)

International Insolvency Institute (III)

London Court of International Arbitration (LCIA)

Lagos Court of Arbitration (LCA)

Nigerian Bar Association (NBA)

Association of International Energy Negotiators (AIPN) formerly Association of International Petroleum Negotiators

Association of International Petroleum Negotiators (AIPN)

Nigerian Institute of Directors (IOD)

International Chamber of Commerce Nigeria (ICCN)

Body of Senior Advocates of Nigeria (BOSAN)

International Chamber of Commerce Arbitral Panel

Kigali International Arbitration Centre

Users Council of the Singapore International Arbitration Centre with tenure until 31st August 2024

PUBLICATIONS

Social Re-Engineering, Justice, and Ethical Reorientation as Panacea for Nigeria’s Quest for National Integration+

Introduction

I am indeed grateful to the Chancellor, the Founder, the Board of Trustees, the Vice-Chancellor, and the entire University Community, for inviting me as the Guest Speaker to deliver the First Convocation Lecture of Christopher University. Read More

Dispute Resolution in the Capital Market: A Review of Administrative & Judicial Mechanisms presented at the Securities & Exchange Commission Judges’ Workshop, February 2016

Idigbe, A & Kalu, O. Recent Strides in Nigerian Insolvency Law – Banking Insolvency & AMCON Act, http://www.mondaq.com/Nigeria/x/431946/Insolvency+Bankruptcy/ Re-cent+Strides+In+Nigerian+Insolvency+Law+Banking+Insolvency+AMCO N+Act; October 2015

Schemes of Arrangement as a Tool for Business Rescue and Restructuring: Topical Issues in Litigation over Schemes presented at the NBA Section on Business law at Eko Hotel & Suites on 19th June 2012.

Recovery of Loans – Are there any Limitations to AMCON’s Rights as an Assignee? being a Discussion Paper presented at the NBA Section on Business law at Eko Hotel & Suites on 19th June 2012.

Cross Border Insolvency and the Implementation of the UNCITRAL Model Law in Various Jurisdictions presented at BRIPAN 1st International Workshop at 4 Points by Sheraton Hotel, V.I. Lagos on 7th to 8th June 2012.

Developing a System for Regulation of Profession of Insolvency presented at the Regional Workshop on Building Effective Insolvency and Secured Transactions in Eastern and Southern Africa in Uganda, October 2011.

The Interface between the Judiciary and the Regulator being a paper presented at the Judges Conference organized by the Nigeria Electricity Regulatory Commission (NERC) in conjunction with the National Judicial Institute in Kaduna, July 2010.

Electric Power Sector Reform Act: Implementation So Far, Matters Arising” being Paper presented at the 2nd Power Business Leaders Summit held on December 12th – 14th 2007 at Le Meridien IBOM Hotel & Golf Resort – Akwa Ibom, Uyo.

The Future of Regulation in the Nigerian Power Sector presented at a 2-day forum on Power Sector Privatisation and The Way Ahead on the 29th day of November 2006 at Thistle Charing Cross Hotel, London, UK.

Legal and Institutional Framework for E-Commerce in Nigeria, being a discussant paper prepared in April 2021

Enterprise Group Comi Anthills Of The Savannah, short law paper on an international insolvency, written July 2015.

Idigbe, A. Legal Issues in Capital Market Operation in Nigeria, 2nd edition, Distinct Universal Limited, Lagos, 2015 ISBN 978-33791-8-3.

Idigbe, A. Arbitration Practice in Nigeria, Distinct Universal Limited, Lagos, 2010 ISBN 978-33791-4-3.

Idigbe, A. Innovations in New Civil Procedure Rules in Nigeria, Distinct Universal Limited, Lagos, 2010 ISBN 978-33791-6-9.

Idigbe, A. ADR Practice in Nigeria in ADR Client Strategies in the Middle East and Africa, Michaela Falls Ed.; Aspatore Books, 2009; pp 67 – 91.

Idigbe, A. Overview of the Regulatory Framework for Secured Transactions in Movable Assets in Nigeria
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