About

Number of years practice: 20

Principal practice areas: Energy and infrastructure, project finance and development, public-private partnerships and infrastructure, renewables

Languages spoken: English

What is the geographical focus of your practice in Africa?

West Africa, East Africa, Central Africa and South Africa.

Please describe the most important matters you have worked on in the African market in the last two years, including your role and the significance of the matter (if any) to the development of business and law.

Key matters that I have handled within the last two years include advising the International Finance Corporation (IFC) on the privatisation of the Electricity Company of Ghana – the largest distribution utility in Sub-Saharan Africa excluding South Africa – by way of a long-term concession. The transaction reached commercial close in July 2018 and Hunton continues to advise on a range of matters as the parties prepare for the concessionaire to take possession of the distribution system and begin operations.

I’ve also been advising the Government of Mozambique on all aspects of the development and financing of the extraction, transportation, liquefaction, sale and shipping of approximately 35 million tons per annum of liquefied natural gas from multiple gas fields, some of which
straddle the boundaries of multiple blocks. The capital expenses associated with the development of these projects is expected total tens of billions of US dollars.

Advising the IFC in connection with the implementation of the Zambia Scaling Solar Round 2, including advising on due diligence and transaction structuring matters and on the finalization of the standard bidding documents and related agreements. The Scaling Solar program provides a streamlined method for governments to engage the private sector in developing grid-connected solar projects at competitive tariff levels.

Advising the Federal Government of Nigeria and Nigerian Bulk Electricity Trading (NBET) in connection with all aspects of the restructuring and privatization of Nigeria’s electricity sector, the groundbreaking US$1.2bn Azura-Edo independent power project and over 2,000 MW of thermal independent power projects. Also within this content I have advised on the procurement of long term PPAs in relation to PV solar projects with an aggregate capacity of 1,125 MW and an estimated capital cost of US$1.7bn, the development of hydroelectric projects and finally the procurement of long term PPAs in relation to a number of wind farms with an aggregate capacity of 400 MW.

What differentiates your practice from that of other private practice lawyers?

While I advise a broad range of clients involved in energy and infrastructure matters throughout Africa, my practice focuses largely on advising governments and development finance institutions in complex, large-scale transactions. This focus has given me a unique perspective on, and a deep understanding of, the issues that these government-side clients face. I have received several accolades regarding my work in the energy and infrastructure arena and have been recognised within the legal and industry press.

Additionally, I am a frequent author and speaker on energy and infrastructure matters. In the last several years I have co-authored a number of books including Understanding Power Purchase Agreements, Understanding Project Financing and Understanding Power Project Procurement that were funded and supported by the United States Department of Commerce’s Commercial Law Development Program and involved collaboration by authors from the World Bank, the African Development Bank’s African Legal Support Facility and OPIC, among other multilaterals and government institutions.

Why has Africa been a particularly strong focus for you?

As a young lawyer in a different practice area, I quickly became disillusioned because I couldn’t see how to have a real impact on the lives of ordinary people. Since finding my current practice area almost 20 years ago, I have been privileged to advise on telecommunication projects that connected large portions of the African continent to the rest of the world; generation projects that restored electricity to entire countries; and privatisations that have transformed entire economic sectors by injecting private capital, private management, and private business practices into planned economies.

In short, I have focused on emerging markets generally, and Africa in particular, because those areas have offered me the greatest opportunities to have a positive impact on the world.

What changes have you seen in the appetite for Africa-based ventures and investments over the last five years?

During the last five years we have seen increasing appetite for well-structured investment opportunities in Africa. We have, for example, seen efforts to standardise transaction structures and streamline early-phase development begin to increase the level of response to investment opportunities.

The firm has been involved in the establishment of the Offgrid Energy Access Fund and the African Local Currency Bond Fund, among other funds and investment vehicles that are focused on Africa. These vehicles coupled with increased investor appetite could lead to significant growth in foreign direct investment in Africa.

What megatrends do you think will shape the African market over the coming five years? How (if at all) will these trends affect your practice?

Investments in Africa by Chinese state owned enterprises have grown exponentially over the previous decade. Although many of these investments have had positive impacts, not all of them have been well structured. Some of them have saddled sovereigns with large debts that were borrowed to fund projects that have had questionable economic impacts. In reaction, many governments have started to re-examine their relationships with – and their appetite for investments from – both Chinese and western investors and capital providers. This is a trend that is worth watching.