Infrastructure, Power & Energy
Balogun Harold provides comprehensive legal counsel across Africa's infrastructure, power, and energy sectors, with particular expertise in large-scale infrastructure development, energy regulation, and natural resource management. Our team serves multinational corporations, government entities, private investors, and local operators navigating Nigeria's critical infrastructure landscape and energy markets. We specialize in infrastructure law across African markets, advising on public-private partnerships, project finance structures, land acquisition, environmental compliance, and regulatory approvals. Our infrastructure, power & energy practice combines deep industry knowledge with comprehensive legal expertise, serving clients across Nigeria and Africa. We understand the unique regulatory and commercial challenges facing businesses in this sector and provide strategic counsel that helps clients navigate complex legal landscapes while achieving their business objectives. Our team delivers practical, business-focused solutions that protect client interests while facilitating growth and innovation. We work with leading corporations, financial institutions, and investors to structure transactions, ensure regulatory compliance, and manage legal risks effectively.
Our energy practice covers oil and gas operations, renewable energy development, power sector regulation, and mining activities, while our infrastructure expertise addresses transportation networks, urban development, and industrial facilities. With extensive experience in Nigeria's infrastructure and energy sectors, we understand the complex interplay between government regulation, international standards, and commercial objectives. Our team provides strategic counsel that balances developmental goals with regulatory compliance, helping infrastructure and energy companies execute complex projects while managing legal risks and stakeholder relationships in Africa's dynamic markets.
With extensive experience representing clients in infrastructure, power & energy matters, Balogun Harold has established itself as a trusted advisor in this sector. Our team's deep understanding of Nigerian law, combined with international best practices, enables us to provide strategic guidance that helps clients maintain competitive advantage while ensuring regulatory compliance. We work closely with clients to develop comprehensive legal strategies that align with their business goals and support long-term success in Nigeria's dynamic market. Our approach emphasizes proactive risk management, regulatory compliance, and strategic planning, enabling clients to make informed decisions and achieve their business objectives.
We support our Clients with:
Notable Experience
Cross Border Gas Pipeline
Advised on the review and amendment of the International Project Agreement and commercial agreements of the $974 million West Africa Gas Pipeline.
Domestic Gas Pipeline
Advised on the regulatory framework and commercial agreements for the $3 billion East West Offshore Gas Gathering System.
Health Infrastructure
Advised on the bid for and review of the public private partnership agreement of the US$60 million Lagos Medipark 140-bed multi-specialist hospital project
Real Estate
Advised on the financing and development of a US$20 million mixed-use real estate project, overseeing design, construction, and delivery of residential, commercial, and social infrastructure components.
Market Entry
Advised an international power and utilities company on market entry into Nigeria, including regulatory compliance, securing all required licenses, and establishing local operations in line with Nigerian legal and commercial frameworks.
Insights & Updates
Fixing the Price of Cement in Nigeria: Some Key Competition Law Considerations
The recent announcement of an agreement between the Nigerian Government and cement manufacturers in Nigeria to peg the price of a 50kg bag of cement at between N7000 and N8000 (the “Pricing Mandate”) raises some important questions of competition law because price fixing is generally prohibited by Nigeria’s competition law
The Expatriate Employment Levy: New Rules for Sponsoring Foreign Skilled Workers in Nigeria
The latest policy of the Nigerian government impacting the sponsorship of skilled foreign workers for employment in Nigeria is a new annual expatriate employment levy of up to $15,000 payable by Nigerian companies for each skilled foreign worker (the “Levy”). This policy update attempts to rationalise the Levy for the benefit of foreign skilled workers and their Nigerian employers.
Infrastructure Funds: Key Protections for Investors in Nigeria
For global pension funds and institutional investors investing in Nigeria's infrastructure sector for the first time, investing in Nigeria through an infrastructure fund addresses some of the traditional risks associated with emerging/frontier markets and provides some level of risk management. This legal update outlines some key protections for infrastructure fund investors in Nigeria.
Carbon Trading in Nigeria: Key Considerations for Investors
The carbon trading market is finally taking off in Nigeria. There are at least 5 regulatory developments which support this conclusion. First, is the publication of the revised National Policy on Climate Change (2021-2030)
Assignment or Transfer of License & Permit Regulations, 2023: Some Key Considerations for Investors
Petrol stations, pipeline companies, products storage, gas distribution & oil refining companies are now required to obtain regulatory consent for a change of their names and for a transfer/sale of their licenses or permits (“License”)[1]. This legal update highlights some of the key considerations for investors looking to acquire shareholding or other economic interests in the downstream and midstream sector in Nigeria.
Mini-Bid Licensing Rounds 2022 - A Highlight of the Bid Submission Regulations for Offshore Petroleum Prospecting Licenses in Nigeria
On December 21, 2022, the Federal Government of Nigeria through the Nigerian Upstream Petroleum Regulatory Commission (the “Commission”) announced licensing rounds for seven (7) offshore blocks covering an area of approximately 6,700 km2 in water depths of 1,150m to 3,100m. This legal update summaries the legal framework, bidding procedure and the eligibility requirements for participating in the licensing round.
Avoiding Permanent Establishment Risk - Nigeria's New Dependent Agents Rule
Presidential Order 5 has thrown up an array of contracting structures between local promoters and foreign OEMs and partners looking to bid for government contracts. These contractual arrangements are increasingly subject to litigation both from a taxation point of view and from the standpoint of counterparty liability and risk. Nigeria wholly consumes foreign technology, and as such, it is expected that such collaborations will continue.
3.5GHz Spectrum Band Auction to Support 5G Deployment in Nigeria
The Nigerian Communications Commission (NCC) has commenced a public consultation in regard to the upcoming auction of the remaining lots of 2 x 100MHz in the 3.5GHz spectrum band to support 5G deployment in Nigeria
What is Spectrum Licensing?
A radio spectrum is the primary subject of spectrum licensing and as such, it does help to have a background knowledge of what a radio spectrum. In simple terms, a radio spectrum is an electromagnetic spectrum of wave frequencies useful for wireless communication. Radio waves are invisible and undetectable to human sense but lie at the heart of modern communications technology. Radio transmission technology involves electro-magnetic waves radiating outwards from one radio equipment to another.
What is a Permanent Establishment? Do you Have One?
If a foreign business has a Nigeria permanent establishment (PE) then the profits of the business that are attributable to that PE, either directly or indirectly, are chargeable to Nigeria tax.
Recent Policy & Regulatory Developments in Nigeria’s Electricity Metering Sub-Sector: Policy Somersault or Broad Consultation?
In Nigeria, up to 8 million electricity customers do not have electricity meters but they consume electricity. What happens is that an electricity distribution company (“DisCo”) estimates the amount of electricity used in arrears and sends an estimated bill to a customer, usually at month end.
Key Market Entry Considerations for Meter Asset Providers in Nigeria's Power Sector
The Nigerian Electricity Regulatory Commission (NERC) recently issued the Meter Asset Provider Regulations 2018 (The MAP Regulation). The key regulatory objectives of the MAP..