• +234 809 2222 086
  • info@auxanolaw.com

Managing Counsel

Chijioke Emeka

Managing Counsel
+234 - 809 - 2222 - 084
info@auxanolaw.com

Chijioke Emeka

Chijioke is the Managing Counsel of AUXANO LAW. He is an astute and result-oriented manager. He is best known for his effective application of focus, hardwork, innovation and ability to appreciate complex legal issues and devise an effective strategy to solve complicated legal problems and deliver solution.

With almost 20 years of law practice and cognate experience in management, he has over the years carved a niche in practice through forensic approach to litigation which has proved effective. He employs tactical and strategic modules in dispute resolution management.

Chijioke began his career at Mike Ozekhome Chambers in Lagos in 2001 as a junior counsel. He later joined Olisa Agbakoba & Associates (now Olisa Agbakoba Legal) on 1st February, 2004, where he rose to become Head of Litigation and later Partner Litigation. He left the services of the law firm in his tenth year to found Chijioke Emeka & Colleagues. His core competence is dispute resolution through court room advocacy. He has handled a significant number of cases in diverse areas of law. He has been involved in recovery of debts through successful prosecution of cases involving Access Bank Plc, First Bank Nigeria Plc, Bank PHB (later Keystone Bank Limited) and Asset Management Corporation of Nigeria (AMCON). 

He was involved in the protracted legal tussle involving major shareholders of the now defunct IMB International Bank Plc for the control of the bank before the banks consolidation of 2005. He was also involved in a similar tussle involving core shareholders of Bank PHB (now Keystone Bank Limited).

His extensive practice has seen him conduct cases before several High Courts of several States in Nigeria, several divisions of the Federal High Court, diverse divisions of the Court of Appeal and at the Supreme Court of Nigeria. In 2001, he represented the Senate of the Federal Republic of Nigeria in the legal tussle following the removal of the then Deputy Senate president, Senator Haruna Abubakar.

Apart from representing clients, he has also undertaken several public interest cases. He successfully handled the causa célèbre of OLISA AGBAKOBA V NATIONAL ASSEMBLY, before Justice O. J. Okeke of the Federal High Court where he secured judgment against the National Assembly’s purported alteration of the 1999 Constitution without the president’s assent, which became the law on the issue.

He has been involved in several election petition cases including Governorship disputes in PETER OKOCHA V INEC (2007, Delta State), ADAMS OSHIOMOLE V OSUNBOR (2007, Edo State), OKEY EZEA V CHIME (2007, Enugu State), MARTIN AGBASO V OHAKIM (2007, Imo State), THEODORE ORJI V ONYEMA UGOCHUKWU (2007, Abia State) and recently OKEY EZEA V IFEANYI UGWUANYI (2015, Enugu State) amongst others. He has also been involved in several National Assembly and State House of Assembly petitions and pre-election matters.

His vast litigation experience also extends to Intellectual Property claims, Shipping/Maritime law and Oil and Gas law, in which he has successfully consulted for or represented several organizations. This includes providing legal and ADR solutions to clients in the downstream oil sector in commercial disputes an area he has most widely distinguished himself in the last 5 years.

He has also handled several cases for indigent prisoners pro bono and secured Judgments for several of them providing succour and reprieve for serving jail terms or awaiting execution. These includes awaiting trial inmates and convicts. Some of the appeals he concluded for some indigent prisoners include:

• JOSEPH ZHIYA V PEOPLE OF LAGOS STATE (LAGOS DIVISION)
• ABRAHAM ABIODUN V THE STATE (LAGOS DIVISION)
• MICHAEL FAFURU V THE STATE (LAGOS DIVISION)
• ABIODUN AKINBAMI V THE STATE (LAGOS DIVISION)
• NONSO VINCENT V THE STATE (EKITI DIVISION)
• MADUBIGWE AWELE V PEOPLE OF LAGOS STATE (LAGOS DIVISION)
• OKEM BENJAMIN V THE STATE (CALABAR DIVISION)
• MACDONALD ITA OKON V THE STATE (CALABAR DIVISION)
• DANJUMA SHUAIBU V THE STATE OF LAGOS (LAGOS DIVISION)
• HENRY EKUM V THE STATE (CALABAR DIVISION)
• EICHE MENDRICK V THE STATE OF LAGOS (LAGOS DIVISION)
• CORPORAL BOYI DIKKO V THE STATE (PORT HARCOURT DIVISION)

Some completed civil cases in which he brought his skill and experience to play in diverse areas of law are as follows:

• He helped SHEBAH EXPLORATION & PRODUCTION CO. LIMITED (and one of its parent companies Abbeycourt Trading Company Limited) through an admiralty action in the Federal High Court, Port Harcourt Division, in finding solution to a protracted charter dispute involving the FSPO ‘MS WIND’ chartered for exploration operations in Shebah’s Ukpokiti oil field.

• He helped ACCESS BANK, through an admiralty action in the Federal High Court, Benin Division in its efforts to recover facilities it extended among other things for the purchase of ‘SPLS 123 Liberia’ by Adamac Group.

• He successfully handled and concluded LD/1825/2003 MOSHOOD SALAWU & ANOR V UNION BANK PLC & ANOR. where Honourable Justice Pedro of the High Court of Lagos State validated the sale under a Legal Mortgage of the subject-matter real property for recovery of debts owed Broad Bank Limited (later succeeded in the suit by Union Bank Plc).

• In ALLAPUTA & ORS V SPDC (Federal High Court, Port Harcourt, per Buba J) he successfully defended Shell Petroleum Development Co. Limited against double claims from some host communities for oil pipeline lease. He also successfully defended another double claim in ACARA & ORS. V SPDC (Rivers State High Court, Laminkra-Iyayi J (now CJ)). These two victories saved SPDC millions of Naira, which would have been spent on similar double claims in a likely floodgate had the two test cases succeeded.

• He also successfully prosecuted the appeal against NDIC’s Claim against a client in CA/C/128/1999 MERCANTILE BANK (NIG) PLC (IN LIQUIDATION) V IMESCO ENTERPRISES LIMITED, a protracted litigation in which the Court of Appeal, Calabar Division finally delivered judgment on 23rd June, 2016 in favour of our Client.

• He represented SETANA ENERGY LIMITED in a complex dispute involving a big petroleum downstream player on Letters of Credit for petroleum product import, saving the client millions of US dollars.

• In SC 218/2011 TUNDE ADEOYE FAMU & 2 ORS V CHIEF (MRS) OLUNTUNDE KASSIM & 2 ORS., the issue was whether an appeal which had already come before the Supreme Court as an incompetent appeal and was summarily dismissed for want of diligent prosecution could be heard on the merits by the Supreme Court. His argument resulted in a 3-2 split by the Supreme Court.

• In CA/OW/191/2014, MR. GAUL IHENACHO & 4 ORS V NPF & 2 ORS, the Court of Appeal, Owerri Division agreed with him and clarified the often misrepresented Supreme Court’s decision in TUKUR V GOVERNMENT OF GONGOLA STATE on the ambit of the jurisdiction of the Federal High Court in fundamental rights case.

• He recently successfully prosecuted IME UMANAH V AKWA IBOM STATE GOVERNMENT wherein an Akwa Ibom State High Court sitting at Abak Division awarded N300 Million against Akwa-Ibom State Government in favour of his client.

• In SUIT NO. FHC/L/CS/333/2016, he successfully recovered about N165 Million in a heated downstream oil and gas dispute at the Federal High Court, Lagos Division between STALLIONAIRE NIGERIA LIMITED V METTLE ENERGY & GAS LIMITED.

• In SUIT NO FHC/L/CS/179/2015, he successfully prosecuted a claim against the Independent National Electoral Commission (INEC) in the Federal High Court, wherein Buba J. ordered INEC to issue him with a Permanent Voters’ Card and awarding costs of N400,000 against INEC.

• In CA/C/128/1999, MERCANTILE BANK NIGERIA PLC (IN LIQUIDATION) V. IMESCO ENTERPRISES LIMITED, he successfully prosecuted an appeal against NDIC’s claim against a client in the Court of Appeal, Calabar Division, in which judgment was delivered on 23rd June, 2016 dismissing the appeal.

• In CA/L/746/2008 NATIONAL CLEARING AND FORWARDING AGENCY & FEDERAL MINISTRY OF WORKS V. APAPA LOCAL GOVERNMENT COUNCIL, he represented NACFA and FMW in the Court of Appeal, Lagos Division in a protracted dispute involving a federal government property in Apapa.

• In FHC/L/CS/1641/2015, he successfully helped a major client recover over N165 Million from Mettle Energy & Gas Ltd & 4 Ors in admiralty claim relating to downstream petroleum transaction in the Federal High Court, Lagos Division per ANEKE J; and in FHC/L/CS/611/2106 he helped the client to successfully execute the entire judgment and a related subsidy in the same Court, before Olatoregun-Ishola J.

• In SUIT NO CV/1900/2016, he successfully helped a major client to fully recover more than N920 Million outstanding oil subsidy clam against Mark Claire Limited at the High Court of the Federal Capital Territory, sitting at Jabi.

In the Public Sector, Chijioke has also undertaken many reform works. He contributed to the moribund Federal High Court (Civil Procedure) Rules 2008 which was reviewed and dovetailed into the current Federal High Court (Civil Procedure) Rules 2009. He also substantially contributed to the draft of the current Fundamental Rights Enforcement Procedure Rules 2009, especially the aspect abolishing the requirement for leave. He also joined in producing the draft of the AMCON Rules. He was the brain behind the reforms in the election petitions hearing in Nigeria through his reform work in a proposal submitted to the then President of the Court of Appeal, Hon. Justice Umaru Abdullahi P. converted into the groundbreaking “Practice Directions 2007”.

He has written several published seminal articles which can be accessed the internet through the search engines while some of them can be accessed on our website. He also has some published and unpublished books. His published books include:

Manual on Election Petitions In Nigeria (Revised Edition) [© HURILAWS]

Assessment of Judicial Performance in Election Petition Adjudication on the 2011 Elections in Nigeria [© HURILAWS]

PROFESSIONAL MEMBERSHIP
Nigerian Bar Association
International Bar Association
Chartered Institute of Arbitrators (Nigeria Branch)
Nigeria Maritime Law Association
Institute of Charted Mediators and Conciliators

About Us

Auxano Law is the signature law practice for Chijioke Emeka & Colleagues, The Whiteacre Solicitors and the Human Rights & Development Advocates (HURIDAD). Read more on our Profile.

Contact Info

  Corporate Office

7A, Emma Abimbola Cole Street,
Off Freedom Way Lekki Phase 1,
P. O. Box 145, Lekki, Lagos State.

  Email

info@auxanolaw.com

  Phone No

+234 809 2222 086

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