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Industry

Agribusiness

Legal support across the agricultural value chain: land, financing, processing, product approvals, trade and investment.

Overview

Agriculture employs more Nigerians than any other sector, and its businesses range from smallholder schemes to large processors and exporters. We advise farmers, processors, investors and lenders on the legal issues each stage brings.

We advise on acquiring and leasing farmland under the Land Use Act, outgrower and offtake agreements, warehousing and commodity finance, and joint ventures with state governments. We also handle NAFDAC product registration, plant and animal quarantine requirements, seed and plant variety protection, and export documentation.

For investors and lenders we conduct due diligence, document financing and security over crops, equipment and receivables, and advise on available incentives and on land and community disputes.

What we do

  • Acquisitions of Farmland and Forests

    Advising on legal matters related to the acquisition of agricultural land and forestry assets, ensuring compliance with relevant regulations and securing favorable terms for our clients.

  • Government Support Arrangements

    Assisting clients in navigating government support programs and initiatives for farmers, including subsidies, grants, and incentives, to optimize their operations and maximize benefits.

  • Trade Association Organization

    Providing legal guidance on the establishment and management of trade associations in the agribusiness sector, facilitating collaboration and advocacy efforts among industry stakeholders.

  • Contracts for Crop Transactions

    Drafting and negotiating contracts for the purchase and sale of crops, ensuring clear terms and legal compliance to mitigate risks and disputes.

  • Derivatives Contracts

    Advising on derivatives contracts related to agricultural commodities, including futures, options, and swaps, to manage price risk and enhance market participation.

  • Securities Exchange Support

    Assisting clients in structuring arrangements to support trading of agricultural products on securities exchanges, ensuring regulatory compliance and market efficiency.

  • Financing for Farm Developments

    Structuring financing arrangements for farm developments and offtake agreements, facilitating capital investment in agricultural projects and promoting growth and sustainability.

  • Corporate Acquisitions

    Advising on mergers, acquisitions, and joint ventures in the agribusiness sector, guiding clients through the transaction process and ensuring legal due diligence and regulatory compliance.

  • Strategic Investments

    Providing legal counsel on strategic investments in agribusiness ventures, including equity investments, venture capital, and private equity transactions, to maximize returns and mitigate risks.

  • Litigation

    Representing clients in agribusiness-related litigation, including disputes over contracts, land rights, regulatory compliance, and other legal matters, advocating for their interests in court proceedings and alternative dispute resolution forums.

FAQs

Land is held under rights of occupancy granted by the Governor or, for customary rights, the local government, rather than outright ownership. A company can hold a right of occupancy or take a lease, and the transfer of either generally needs the Governor’s consent.

Yes. Processed foods sold in Nigeria must be registered with NAFDAC, and the factory may also need to meet Standards Organisation of Nigeria requirements.

Yes. The Plant Variety Protection Act 2021 allows breeders of new plant varieties to obtain breeders’ rights.
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