Joseph N. McCarthy Mbadugha, SAN

Mbadugha was admitted to the Bar of the Federal Republic of Nigeria in 1992. He is a practicing Barrister and a Senior Advocate of Nigeria (SAN), an equivalent of British King’s Counsel (KC). He is an alumnus of the Hague Academy of International Law, Hague, Netherlands and Cardiff Law School, University of Wales, United Kingdom. He is the principal of McCarthy Mbadugha, SAN & Co. and heads the Cross-Border Commercial and Environmental Law Practice of the firm. He is an author of a leading textbook on Arbitration in Nigeria and has been a Visiting Professor of International Arbitration at Lazarski University, Lazarski, Warsaw, Poland.

Mbadugha specializes in Admiralty, Arbitration and Related Court Applications, Automotive, Credit Transactions, Environmental Law and Climate Change Litigation, Oil and Gas, International Trade and Cross-Border Litigation.

Mbadugha is a first tier litigator and arbitration practitioner. He has been described by his clients as an intellectual power house, a go-getter and an indispensable authority in his areas of practice. He renders expert reports/opinions, including oral testimonies, on Nigerian laws in proceedings in foreign jurisdictions including United Kingdom (Great Britain). Mbadugha has acted as Counsel in several cases in both Litigation and Arbitration, some of which include:

 

GROUND BREAKING DECISIONS

ENVIRONMENTAL LAW AND CLIMATE CHANGE LITIGATION

• Center For Oil Pollution Watch v. Nigerian National Petroleum Corporation [2019]5 NWLR (Pt. 1666) S.C. 518. In this case, the Nigerian Supreme Court expanded the scope of locus standi to the extent that any party who maintains an action for public interest or to vindicate the rule of law and get unlawful conduct stopped has the locus standi to maintain the suit. Also, the Supreme Court characterized environment right as human right to the extent that whatever that destroys or affects the environment and the ecosystem is injurious to health and human lives. Again, in this case, the Supreme Court established that: sections 20 & 33(1) of the 1999 Constitution and article 24 of the African Charter on Human and Peoples Right (Ratification of Enforcement Act) CAP A9 Laws of the Federation of Nigeria, 2004 imposed constitutional environmental duties on the government, viz to protect the environment and safeguard the air, water, land, forest and wild life of Nigeria; maintaining the environment is, within the Constitution, the civil rights and obligations of every Nigerian citizen including institutions operating in Nigeria and visitors alike.

 

MALICIOUS PROSECUTION

• Innoson Nigeria Ltd. v. Guaranty Trust Bank Plc FCT/HV/CV/2448/2017. Judgment delivered on 31^st October, 2019. This case established that within the Nigerian jurisprudence malicious prosecution can arise from civil action.

 

SELECTED CASES DECIDED BY THE SUPREME COURT OF NIGERIA

ADMIRALTY

• Ingosstrakh Insurance Ltd v. MV Tahoma Refeer, Fiogret Nigeria Ltd. S.C. 408/2013. Judgment delivered on 30^th April 2021.

• TIGA GREEN FARMS & AGRIC LTD v MITSUI O.S.K LTD & ANOR [2005] 17 NWLR (Pt.953) 70.

 

OIL & GAS

• Global Gas & Refining Ltd v Vitol S.A & Ors [2016] CLRN 1-18.

 

INTERNATIONAL TRADE & CROSS-BORDER LITIGATION

• Okoye Brothers Nig Ltd v Lita Lien Incorporations. Appeal No: CA/L/11/2011. Judgment delivered on 3^rd June 2015

 

CREDIT TRANSACTIONS, UNJUST ENRICHMENT AND DISGORGEMENT

• Guaranty Trust Bank PLC v. Innoson (Nig.) Ltd [2017] 16 NWLR (Pt.1591) S.C 181.

• Guaranty Trust Bank PLC v. Innoson (Nig.) Ltd CA/E/288/2013. Decision of 9^th December, 2014.

 

ARBITRATION

ENFORCEMENT OF ARBITRAL AWARDS AND AGREEMENTS

• French Connection Ltd v Mabani Real Estate Holding Nig Ltd. [2021] LPELR-53474 (CA). On registration and enforcement of award.

• Okoye Brothers Nig Ltd v Sterling Bank PLC. Suit No: FHC/L/CS/135/2006. On enforcement of Arbitration Agreement.

• W.A. Engineering Co. Ltd v. Brifina Nig Ltd. Suit No: LD/75/2003 & O/ICJ/2004. On registration and enforcement of award.

 

ADVISORY SERVICES AND EXPERT OPINION

Mbadugha renders Advisory Services and Expert Opinions. Recently, he rendered expert report, including oral testimony, on Nigerian law, Court Rules, Practice and Procedure as they relate to Arbitration matters in African Insurance Corporation & 8 Others v. Aiteo Eastern E & P Company Limited [2022] EWHC 768 (COMM). Mbadugha appeared as an expert witness in this matter at the High Court of Justice of England and Wales, Queens Bench Division, Commercial Court, London.

 

VISITING PROFESSORSHIP

Mbadugha is also a legal academic. He has been a Visiting Professor of International Arbitration at:

• Lazarski University, Lazarski, Warsaw, Poland

• Palacky University, Olomouc, Czech Republic

• Vilnius University, Vilnius, Lithuania

• Nicholaus Copernicus University, Torun, Poland

 

PUBLICATIONS

Mbadugha is a renowned author. He authored a leading textbook on Arbitration in Nigeria and a number of publications concerning mainly but not exclusively Nigerian Laws, some of which are:

 

ARBITRATION

BOOK

• Mbadugha, J.N.M (2015) Principles and Practice of Commercial Arbitration, Lagos: University of Lagos Press.

BOOK CHAPTERS

• Mbadugha, J.N (2007) Effects of Arbitration Clause on Arbitration: Avoiding Pitfalls, In: Alibekova, A & Carrow, B. (eds) International Arbitration and Mediation – From the Professional’s Perspective.

  Austria: Yorkhill Law Publications.

• Mbadugha, J.N (2012) Outsourcing Legal Services: Impact on National Law Practice – Nigeria, In: Campbell, D (ed) Comparative law Yearbook of International Business. Netherlands: Kluwer Law International.

 

ARTICLES IN JOURNALS

ARBITRATION

• Mbadugha, J.N. [2023]. Effect of the Remedy of Stay of Proceedings on Anti-suit Injunction in the light of New York Convention, Nigeria and European Union Laws. Unizik Law Journal Vol. 19(3).

• Mbadugha, J.N. [2021]. Enforceability of Arbitration Agreements – The Interplay Between Sections 4 and 5 of Nigeria’s Arbitration and Conciliation Act, 2004. Ius Novum, Vol. 4, 2021.

• Mbadugha, J.N. (2017). Section 34 of the Arbitration and Conciliation Act: Issues Arising. The Gravitas Review of Business & Property Law. Vol. 8. No.2.

• Mbadugha, J.N. (2016). Limitation Period and Award: The Challenge with Computation of Time. The Gravitas Review of Business & Property Law, Vol. 7, No.2.

• Mbadugha, J.N. (2015). Impact of Party Autonomy and Fair Hearing on Assessment of Evidence in International Arbitration. Teise, Vilnius University Faculty of Law Journal, Vol.97.

• Mbadugha, J.N. (2010). Taking steps in Proceedings: Trends and Developments. The Arbitrator. Vol. 6, No. 1 January – April.

• Mbadugha, J.N. (2006) International Commercial Arbitration: Choice of Law/Venue – issues to Consider. The Arbitrator. Vol. 3, No. 1, January – March.

• Mbadugha, J.N. (2006) Arbitration Agreement and Jurisdiction of Courts. The Arbitrator. Vol. 3, No. 1, September-December.

 

ADMIRALTY

• Mbadugha, J.N. (2016) Outstanding Hire: A Simple Debt or a Maritime Claim? The Gravitas Review of Business & Property Law, Vol. 7, No. 4.

• Mbadugha, J.N.M. (2007) Jurisdiction Arising from Charterparty: An International Perspective. This Day Newspaper (Nigeria), January.

 

ENVIRONMENTAL LAW

• Mbadugha J [2021] Environmental Public Interest Litigation in Nigeria: A case comment on Centre for Oil Pollution Watch v Nigerian National Petroleum Corporation: Nnamdi Azikiwe University Journal of Public and Private Law, Vol. II

• Mbadugha J (2020) Locus Standi and Public Interest Litigation In Environmental Matters In Nigeria: Lessons from Centre for Oil Pollution Watch v Nigerian National Petroleum Corporation. The Gravitas Review of Business & Property Law, Vol, 11. No.3

 

LITIGATION

• Mbadugha J.N. (2019) Can Malicious Prosecution in Nigeria Arise from A Civil Action? International Journal of Comparative Law and Legal Philosophy, Vol.1(2)

• Mbadugha J.N. (2016) The Extent of Applicability of Section 87 of the Sheriffs and Civil Process Act in Garnishee Proceedings: Fidelity Bank PLC v. Okwuowulu Revisited. Nnamdi Azikiwe University Journal of Property and Commercial Law Vol. 3, No. 1, August.

 

CONSTITUTIONALISM & PRACTICE

• Madubuike – Ekwe, N.J and Mbadugha, J.N (2018) Obstacles to the implementation of the Freedom of Information Act, 2011 in Nigeria. Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Vol. 9. No. 2

• Madubuike – Ekwe, N.J and Mbadugha, J.N. (2018). The Scope and Limitations of Legislative Powers under the 1999 Constitution of Nigeria. Benson Idahosa University Journal of Private and Property Law. Vol. 1. No. 1.