Opinion

The Oracle: Managing Complex Litigation: A Personal Experience (Pt. 1)

Published

4 years ago

May 27, 2022

Eric

By Mike Ozekhome

INTRODUCTION

AN ANALYSIS OF COMPLEX LITIGATION

Every company faces litigation at some point in time. This is an occupational hazard that cannot be avoided. In many cases, these litigations are in relation to fairly standard lawsuits regarding real estate, debt recovery or contractual disputes. Almost any experienced corporate lawyer is capable of resolving such matters with the best possible outcome. However, this is not the case with complex litigation.

LITIGATION: ITS MEANING

Litigation is the process of resolving disputes by filing or answering a complaint through the public court system. It requires the taking of argument between people or groups (including companies), in a court of law. It is also the process by which Counsel to parties in lawsuits intend to integrate their actions with anticipated events, reactions, arguments and defence to achieve the overarching goal of winning the litigation. It is true that any lawsuit may be complicated, but complex litigations is the most complicated litigation that companies face.

The US Federal Judicial Centre’s Manual for Complex Litigation defines complex litigation as including “one or more related cases which present unusual problems and…require extraordinary treatment, including but not limited to the cases designated as ‘protracted’ and ‘big’”. Complex litigation refers to a specific type of large civil case that companies face. It typically involves large civil cases involving multiple parties, multiple jurisdictions, large amounts of money, lengthy trials, complex legal issues, and multi-jurisdictional and complex choice of law issues. Expectedly, these types of lawsuits draw serious media scrutiny, and they usually accrue to substantial costs on a company, irrespective of whether or not they win such cases.

These complex litigations encompass several kinds of lawsuits, including class action lawsuits, international arbitration, contractual disputes, etc. Even the non-performance of a simple international sale of goods agreement can dovetail into complex legal battles. As a result, these complex litigations usually require sophisticated litigators and expertise.

As evidenced by the Federal Judicial Center’s Manual for Complex Litigation, an increasingly indispensable text for the sophisticated litigator, complex litigation has become its own discipline. Lawyers who hope meaningfully to understand and successfully to practice in sophisticated litigation have to understand not only how this system operates, how it builds upon and modifies basic procedural doctrine; and how it impacts public regulations through private litigation.

THE ROLE OF THE JUDICIARY IN COMPLEX LITIGATION

Judicial supervision is most needed and productive early in complex litigation. To this effect, Judges should conduct pretrial conference as soon as practicable (usually within 30 to 60 days of instituting proceedings). It is therefore imperative for the assigned judge to be notified of a potentially complex case as soon as possible. In certain situations, the demands of complex litigation is so enormous that the assigned judge is relieved of his case docket for a certain time or provided with assistance from other Judges or Judicial staff. Virtually all jurisdictions in Nigeria now have Civil Procedure Rules incorporating pre-trial sessions.

Complex litigation often constitutes of two or more separate but related cases. It is imperative that all such cases should be assigned to a single Judge for administrative ease. Once a complex or perceived complex case is assigned to a Judge, such a Judge should immediately review the pleadings and other processes in the case, the parties and their Counsel, and the interests therein, so as to search for possible conflicts of interest that would warrant his recusal. Where no conflict of interests arises, the Judge should then attempt to ascertain whether there are related cases before his court or other courts. This is for administrative ease and to prevent duplicity of cases.

In the United States of America, the Judges’ role in complex litigation management is crucial. A Judge’s effective judicial management usually has the following characteristics:

Active: The Judge predicts or attempts to anticipate problems before they arise rather than dealing with them as they arise.

Substantive: The Judge is involved, but not limited, to procedural matters. Here, the Judge familiarises himself with the substantive issues of the case in order to deliver informed rulings on such issues.

Timely: The Judge gives prompt rulings and judgments, particularly those which might significantly affect further proceedings.

Continuing: The Judge regularly monitors the progress of litigation to ensure that litigation schedules are being adhered with.

Firm, but Fair: Time limits, controls and requirements are not arbitrarily imposed on parties, without due consideration to the circumstances of the case and views of Counsel.

Carefully prepared: Careful preparation sets out the proper tone to facilitate the Judge’s effectiveness and credibility with Counsel.

THE ROLE OF COUNSEL IN COMPLEX LITIGATION

The duties and responsibilities of Counsel in the management of complex litigation do not lessen in the face of judicial intervention. Contrarily, Counsel assumes more responsibility due to their roles as advocates and officers of the court. Because of the nature of complex litigation, Judges usually rely heavily on the assistance of Counsel, upon which their case management is dependent. Other reasons also require the role of Counsel, such as the importance of interests at stake; length and complexity of proceedings; difficulty of communication and establishing working relationship with numerous lawyers; challenges of appearing in unfamiliar courts with unfamiliar jurisdiction; extensive travel usually required; amount of money and costs accruable etc.

Complex litigation often involves numerous parties with common or similar interests but separate counsel. Traditional procedures in which all papers and documents are served on all lawyers, and each lawyer files motions, presents arguments, and conducts witness examinations, may result in waste of time and money, in confusion and indirection, and in unnecessary burden on the court. Special procedures for coordination of counsel are therefore needed and should be instituted early in the litigation to avoid unnecessary costs and duplicative activity. In many cases, the lawyers coordinate their activities to avoid duplicity of cases, without even the assistance of the court.

Similar to the judicial role, Lawyers should be quick and alert to the existence of present or potential conflicts of interest, particularly in complex litigations where there are multiple parties and interests. An early conflict check must be made before accepting representation. This check should not be narrowed down to persons and companies formally acting as parties in the suits, but should be broadened to include affiliate persons and companies.

COMPLEX COMMERCIAL LITIGATION

The Nigerian legal system generally uses commercial litigation to deal with high-value and complex disputes. In fact, commercial litigation is the most common dispute resolution process in Nigeria for resolving such disputes. Quite a number of complex and high-value disputes are nowadays better resolved through commercial arbitration, as high-value contracts tend to include arbitration clauses which subject disputes to an arbitral tribunal. Commercial arbitration, which is part of Alternative Dispute Resolution (ADR) is fast becoming the preferred method of resolving such disputes in Nigeria.

Commercial litigation disputes tend to be domestic in nature i.e. between Nigerian parties. However, participation of international parties also occurs, but mostly in instances where there is a Nigerian connecting factor such as the place of performance, the location of the subject asset, the law governing or the seat of the arbitration agreement (arbitral cases might be referred to courts to adjudicate on some issues), or the domicile of one of the parties. Purely international disputes with no Nigerian connecting factor are extremely rare in Nigeria.

Commercial litigation is governed by the Constitution, Statutes, Rules of Court, judicial decisions on litigation procedure as found in the procedural rules of the different levels of court, Statutes on litigation procedure and Practice Directions. Nigerian commercial litigation develops from English common law. This means that the law develops through the Judges, who play a non-inquisitorial role in adjudication, while the parties seek the outcome most favourable to their position. Here, the Judges constantly develop the law through the ratio decidendi in their rulings and judgments, which form the reasoning behind their positions.

FACTORS IN COMMERCIAL LITIGATION

Before bringing a claim through commercial litigation, recourse must be had to the following factors:

the limitation period for commencing the action;

the appropriate court with jurisdiction to entertain the claim;

the issuance of pre-action notices where government agencies and departments are involved;

where companies are involved, the correct names of the companies as registered at the Corporate Affairs Commission;

whether any alternative dispute resolution (ADR) mechanisms can be used or whether parties have agreed to submit to any ADR mechanism;

whether all available remedies have been exhausted before embarking on litigation;

the cost of litigation;

the possibility, practicalities and potential difficulties of enforcing the judgment; and

the civil procedure rules of the relevant court.

NOW THIS

JURISDICTION OF COURTS IN COMMERCIAL LITIGATION

Jurisdiction of courts to try commercial litigation is established by the Constitution, and several judicial decisions have also been held to that effect. Subject matter rules can be found in Chapter VII of the Constitution, which prescribes the jurisdiction of the superior courts of record. The civil procedure rules of various courts determine how the court would exercise jurisdiction over foreign parties.

Jurisdictional challenges are available and are usually grounded on the court’s lack of subject matter jurisdiction or jurisdiction over the parties, or both. The principle of abuse of court process is available to prevent defenders from duplicating actions and instituting an overlapping process in another jurisdiction in Nigeria. Generally speaking, there is no protection available to stop a defendant from starting an overlapping process in a foreign jurisdiction preferred by it. However, where a court decision or judgment prevents an individual from starting or continuing an overlapping process and such individual continues, he or she would be liable for contempt of court, which could be both criminal and civil in nature.

RES JUDICATA

As is native to the Nigerian legal system, the principle of res judicata applies to complex commercial litigation. It is the principle that prohibits parties from pursuing or reinstituting a matter that has already been adjudicated upon by a court of competent jurisdiction. (To be continued next week).

THE WORLD WE LIVE IN

“Husband: You have stopped telling me how handsome I am and how much you love me.

Wife: I am now born again. I have stopped lying”.

THOUGHT FOR THE WEEK

“Litigation is the pursuit of practical ends, not a game of chess.” (Felix Fr MANAGING COMPLEX LITIGATION)

Opinion

The State of Leadership Today: A Look at Global, African and Nigerian Realities

Published

3 days ago

January 31, 2026

Eric

By Tolulope A. Adegoke PhD

“Leadership for our age is measured not by the height of the throne, but by the depth of its roots in integrity, the breadth of its embrace of collective talent, and the courage to cultivate systems that bear fruit for generations yet unseen” – Tolulope A. Adegoke, PhD.

Leadership today is at a crossroad. Around the world, in our communities, and within our organizations, old ways of leading are straining under new pressures. This isn’t just a theoretical discussion; it’s about the quality of our daily lives, the success of our businesses, and the future of our nations. Let’s walk through the current trends, understand their very real impacts, and then explore practical, hands-on solutions that can unlock a better future for everyone.

Part 1: The Leadership Landscape – Where We Stand

The Global Picture: Beyond the Solo Leader

The image of the all-powerful, decisive leader at the top of a pyramid is fading. Today, effective leadership looks different. It’s more about empathy and service than authority. People expect their leaders—in companies and governments—to be authentic, to listen, and to foster teams where everyone feels safe to contribute. Furthermore, leadership is now tightly linked to purpose and responsibility. It’s no longer just about profits or power; stakeholders demand action on climate, fair treatment of workers, and ethical governance. Leaders must also be tech-savvy guides, helping their people navigate constant digital change while dealing with unpredictable global events that disrupt even the best-laid plans.

Africa’s Dynamic Challenge: Youth and Promise

Africa’s story is one of incredible potential meeting stubborn challenges. The continent is young, energetic, and full of innovative spirit. Yet, this tremendous asset often feels untapped. Too frequently, a gap exists between this rising generation and established leadership structures, leading to frustration. While the African Continental Free Trade Area (AfCFTA) presents a historic chance for economic unity, it requires leaders who think beyond their own borders. At the same time, democratic progress sometimes stalls, with leaders clinging to power. The most pragmatic leaders are those who engage with the vibrant informal economy—the hustlers, market traders, and artisans—who form the backbone of daily life and hold the key to inclusive growth.

Nigeria’s Pressing Reality: Crisis and Resilience

In Nigeria, the leadership experience often feels like moving from one emergency to the next. Attention is consumed by immediate crises—security threats, economic swings, infrastructure breakdowns—making long-term planning difficult. This has triggered a profound loss of confidence, visibly seen in the “Japa” phenomenon, where skilled professionals leave seeking stability and opportunity abroad. This brain drain is a direct critique of the system. Politics remains deeply influenced by ethnic and regional loyalties, which can overshadow competence and national vision. Yet, in the face of these trials, a remarkable spirit of entrepreneurial resilience shines through. Nigeria’s business people and tech innovators are daily solving problems and creating value, often compensating for wider systemic failures.

Part 2: The Real-World Impact – How This Affects Us All

These trends are not abstract; they touch lives, businesses, and countries in tangible ways.

· On Everyday People: When leadership is perceived as self-serving or ineffective, trust evaporates. People feel anxious about the future and disconnected from their leaders. This can manifest as cynicism, social unrest, or the difficult decision to emigrate. The struggle to find good jobs, feel secure, and build a future becomes harder, deepening inequalities.

· On Companies and Organizations: Businesses operate in a tough space. They face a war for talent, competing to retain skilled employees who have global options. They must also navigate unpredictable policies, provide their own power and security, and balance profitability with rising demands for social responsibility. The burden of operating in a challenging environment increases costs and risk.

· On Nations: Countries plagued by poor governance face a competitiveness crisis. They struggle to attract the kind of long-term investment that builds economies. Policy becomes unstable, changing with political winds, which scares off investors and stalls development. Ultimately, this can destabilize not just one nation but entire regions, as problems like insecurity and migration spill across borders.

Part 3: A Practical Pathway Forward – Building Leadership That Delivers

The situation is complex, but it is not hopeless. Turning things around requires deliberate, concrete actions focused on systems, not just individuals.

1. Fortify Institutions with Transparency and Merit.

We must build systems so strong that they work regardless of who is in charge.

· Action: Legally protect key institutions—the electoral body, the civil service, the courts—from political interference. Appointments must be based on proven competence and integrity, not connections.

· Action: Implement technology-driven transparency. Let citizens track government budgets and projects in real time through public online portals. Sunshine is the best disinfectant.

2. Bridge the Gap Between Leaders and the Led.

Leadership must become a conversation, not a monologue.

· Action: Create mandatory Youth Advisory Councils at all levels of government and in large corporations. Give young people a formal platform to contribute ideas and hold leaders accountable on issues like education, digital innovation, and job creation.

· Action: Leaders must adopt regular, unscripted “town hall” meetings and use simple digital platforms to explain decisions and gather feedback directly from citizens and employees.

3. Channel Entrepreneurship into National Solutions.

Harness the proven problem-solving power of the private sector.

· Action: Establish Public-Private Impact Partnerships. For example, the government can partner with tech companies to roll out digital identity systems or with agribusinesses to build modern farm-to-market logistics. Clear rules and shared goals are key.

· Action: Launch National Challenge Funds that invite entrepreneurs and researchers to compete to solve specific national problems, like local clean energy solutions or affordable healthcare diagnostics, with funding and market access as the prize.

4. Redeploy Nigeria’s Greatest Export: Its Diaspora.

Turn the brain drain into a brain gain.

· Action: Create a Diaspora Knowledge & Investment Bureau. This agency would actively connect Nigerians abroad with opportunities to mentor, invest in startups, or take up short-term expert roles in Nigerian institutions, transferring vital skills and capital.

· Action: Offer tangible incentives, like tax breaks or matching funds, for diaspora-led investments in critical sectors like healthcare, renewable energy, and vocational training.

5. Cultivate a New Mindset in Every Citizen.

Ultimately, the culture of leadership starts with us.

· Action: Integrate ethics, civic responsibility, and critical thinking into the core curriculum of every school. Leadership development begins in the classroom.

· Action: Celebrate and reward “Local Champions”—the honest councilor, the community organizer, the business owner who trains apprentices. We must honor integrity and service in our everyday circles to reshape our collective expectations.

Conclusion: The Work of Building Together

The challenge before us is not to find a single heroic leader. It is to participate in building a better system of leadership. This means championing institutions that work, demanding transparency in our spaces, mentoring someone younger, and holding ourselves to high ethical standards in our own roles.

For Nigeria and Africa, the possibility of a brighter future is not a dream; it is a choice. It is the choice to move from complaining about leaders to building leadership. It is the choice to value competence over connection, to seek common ground over division, and to invest in the long-term health of our community. This work is hard and requires patience, but by taking these practical steps—starting today and in our own spheres—we lay the foundation for a tomorrow defined by promise, stability, and shared success. The power to deliver that possibility lies not in one person’s hands, but in our collective will to act.

Dr. Tolulope A. Adegoke, AMBP-UN is a globally recognized scholar-practitioner and thought leader at the nexus of security, governance, and strategic leadership. His mission is dedicated to advancing ethical governance, strategic human capital development, and resilient nation-building, and global peace. He can be reached via: tolulopeadegoke01@gmail.com, globalstageimpacts@gmail.com

Opinion

Globacom Redefines Standard for Telecoms in 2026

Published

5 days ago

January 29, 2026

Eric

By Michael Abimboye

As always, Globacom is at the heart of telecoms transformation in Nigeria. The acquisition of additional spectrum, is a decisive move that has expanded network capacity and fundamentally improved customer experience.

With the ability to carry significantly higher data volumes at greater speeds, users are seeing faster downloads, stronger uploads, seamless video streaming, and clearer voice calls even at peak periods. Crucially, this expansion has driven down latency. Independent performance testing has ranked Glo as the network with the lowest latency in Nigeria, meaning faster response times whenever data commands are initiated.

This spectrum advantage is being matched on the ground by the rollout of thousands of new LTE sites nationwide. Network capacity has increased pan-Nigeria, with noticeably higher download speeds across regions. At the same time, the installation of thousands of additional towers is easing congestion and closing coverage gaps, particularly in high-density locations such as markets and tertiary institutions, where demand for fast, reliable internet is highest.

Power reliability, often the silent determinant of network quality, is also being reengineered. Globacom has deployed hybrid battery power systems across numerous sites, reducing dependence on diesel while improving sustainability. Beyond cost efficiency, this greener model delivers stronger uptime ensuring uninterrupted power supply and optimal performance for base stations and switching centres.

Behind the scenes, Glo has upgraded its switching systems and data centres to accommodate rising traffic volumes nationwide. These upgrades are designed not only for today’s demand but to ensure the network consistently meets performance KPIs well into the future, even as data consumption continues to grow.

Equally significant is the massive reconstruction and expansion of Globacom’s optic fibre cable (OFC) network. Along highways and metro routes affected by road construction, fibre routes are being reconstructed and relocated to safeguard service continuity. Thousands of kilometres of new fibre have also been rolled out nationwide, fortifying the OFC backbone, improving redundancy, reducing network glitches, and enabling the network to handle increasingly heavy data loads with resilience.

These investments collectively address long-standing coverage gaps while driving densification and capacity enhancement in already active areas, ensuring a more balanced and reliable national footprint.

At the core layer, Globacom is modernising its network elements through new platforms and applications, upgraded enterprise and interconnect billing systems, and an expanding roster of roaming partners for both in-roaming and out-roaming services strengthening its integration into the global telecoms ecosystem.

Taken together, these are not incremental upgrades. They represent a deliberate, system-wide repositioning.

In 2026, Globacom is not just improving its network; it is asserting itself as the technical leader in Nigeria’s telecommunications industry and has gone on a spending spree to satisfy the millions of subscribers enjoying seamless connectivity across Nigeria.

Opinion

How GLO Sustains Everyday Businesses in Kano, Nigeria’s Centre of Commerce

Published

1 week ago

January 25, 2026

Eric

By Dr Sani Sa’idu Baba

For more than two weeks, Kano woke up under a veil of fog. Not the poetic kind, but the stubborn Harmattan fog that dulls vision, slows movement, and disrupts daily rhythm. Dawn arrived quietly. Shops opened late. Calls failed repeatedly. Internet bars blinked on and off like uncertain promises. Across the state, one reality became impossible to ignore: communication had become a struggle. This reality carried even greater weight in the capital of Kano, the centre of commerce in Nigeria.

As Ramadan approaches and gradually leads to the celebration of Eid-el-Fitr, everyone understands what this season represents. It is a period when online businesses, both big and small, become a major source of livelihood for millions. Traders prepare for peak demand, online vendors scale up advertising, and buyers from across the country look to Kano for goods. Visitors stream in from other states, transactions multiply, and the success of this entire commercial ecosystem depends heavily on one thing: seamless network connectivity between buyers and sellers.
In Kano, where business breathes through phone calls, alerts, and instant messages, poor network is not just inconvenient, it is costly. Calling became difficult. Browsing the internet felt like a battle. For many, it meant frustration. For others, it meant loss.

As these challenges persisted day after day, conversations across the city began to take a clear and consistent direction. In homes, offices, and markets, a new conversation began to dominate discussions. A brother of mine, deeply involved in the communication business at Farm Center Market, the largest hub for telecom activity in Kano shared his amazement. Day after day, customers walked up to data vendors with one clear, confident request: “Glo data.” Not alternatives. Not experiments. Just Glo, he said. At first, it seemed puzzling. If you were already on Glo, you might not even notice the difference. But for those struggling on other networks, the contrast was undeniable. In the middle of foggy mornings and unstable signals, Glo stood firm.

And soon, the conversation spread everywhere. At tea junctions in the early hours, as people warmed their hands around cups of shayi, discussions circled around how Glo “held up” when others disappeared. In university classrooms, students whispered comparisons before lectures began, who could download materials, who could submit assignments, and which network actually worked. More strikingly, Glo users quietly turned their phones into lifelines, sharing hotspots with classmates so others could access lecture notes, submit assignments, and stay connected. At sports viewing centres, between goals and missed chances, fans debated networks with the same passion as football rivalries. In markets, traders told customers how Glo saved their day. In every gathering of people across Kano, Glo became the reference point. The reason was simple: Glo had saved businesses.

Consider the POS operator by the roadside. Every successful transaction that attracts him/her ₦100 here, ₦200 there is survival. Failed transfers mean angry customers and lost income. During these fog-heavy days, many operators would have been stranded. But where Glo bars stayed strong, withdrawals went through, alerts dropped, and trust preserved.

Picture a roadside trader making her first sale of the day through a simple WhatsApp call, her voice steady as she confirms an order that will set the tone for her business. Nearby, an online vendor advertises products in WhatsApp groups, responds to messages, takes calls from interested buyers, and confirms deliveries, all in real time. Behind every one of these small but significant transactions is reliable connectivity. Delivery riders weaving through traffic and racing against time also depend on uninterrupted network access to reach customers, confirm payments, and complete orders. In moments when other networks struggled, Glo quietly kept these wheels of commerce turning, ensuring that daily hustle did not grind to a halt. Beyond the busy streets of the city, the impact of this reliability becomes even more profound in remote villages in Kano.

Back in Kano city, rising transportation costs have reshaped the way people work. Many professionals have had no choice but to adapt, turning their homes into offices and relying heavily on the internet to stay productive. Many now attend virtual meetings, send large files, collaborate remotely, and meet deadlines without leaving their homes. In a period marked by economic pressure and uncertainty, dependable internet is no longer a convenience, it is a necessity. In these conditions, Glo continues to provide the stability that keeps work moving forward.

At this point, Glo stops being seen merely as a telecommunications company. It emerges as the invisible backbone of the Nigerian hustle, supporting the determination and resilience of everyday people. From POS operators and online merchants to students, delivery services, market traders, and remote workers who refuse to give up, Glo remains present in the background, quietly powering their efforts. In tough terrains, harsh weather, and challenging times, when other networks fluctuate or fade, Glo stays connected.

You may not always hear it announce itself loudly, and you may not notice it when everything is working smoothly. But when a single call saves a business, when one alert prevents a financial loss, and when one stable connection keeps a dream alive, Glo proves its value, not as noise or empty promises, but as consistent reliability and lived experience. And that is how quietly, consistently, and powerfully Glo continues to power Nigeria’s everyday businesses, sustaining dreams and survival UNLIMITEDLY…

Dr. Baba writes from Kano, and can reached via drssbaba@yahoo.com