When AI Stole the Mic: Originality, Ownership, and the Battle for Music Profits – A Legal Perspective

In early 2026, a digital reinterpretation of Papaoutai, the 2013 global hit by Belgian artist Stromae, went viral across social media and streaming platforms. The Afro-soul AI version, released in late December 2025, quickly amassed millions of streams and sparked debates around originality, ownership, and intellectual property rights.

Simultaneously, Nigerian digital content creators, including animator Willy Kanga (Williams Etombi), leveraged the renewed popularity of Papaoutai to engage audiences. His viral reel on 14 January 2026, captioned “This was exactly how I heard papaoutai,” garnered over 2 million likes and thousands of comments, demonstrating the intersection between AI-generated reinterpretations and original creator content.

The track, credited to producers Chill77, Mikeeysmind, and Unjaps, entered the Billboard World Digital Song Sales chart at #2 and the Billboard Global 200 by January 2026. With over 235,000 posts featuring the track across TikTok and other social video platforms, it illustrates both the commercial potential of AI-assisted music and the legal complexities it introduces.

AI, Attribution, and the Nigerian Creator Perspective

The surge of Papaoutai  Afro Soul on platforms like TikTok, YouTube, and streaming services reflects a broader global trend: AI-assisted music is reshaping how audiences consume and reinterpret classic works. Yet the mechanism often involving sophisticated machine learning models replicating vocal timbres, instrumental stylings, and genre signatures raises questions about originality and attribution.

For digital content creators like Willy Kanga, renowned for his storytelling and animation work across TikTok, Instagram, and YouTube, the interplay between human creativity and AI achievements poses both opportunities and challenges. While AI versions of beloved songs can energise engagement (as seen with his popular Papaoutai reel), they also force creators and audiences alike to ask: Who truly owns this version? And should tribute be rewarded like original work?

In Nigeria, where the creative industry is rapidly expanding and digital content influences culture and commerce, these questions have practical implications for artists, platforms, and rights holders.

Legal Framework: Nigeria and Other Jurisdictions

1. Human Authorship Under Nigerian Law

Under the Nigerian Copyright Act 2022, intellectual property protection hinges on the concept of human creativity. The law recognises that copyright subsists only in original works created by natural persons and does not provide explicit legal standing for AI systems to be deemed authors.

This means:

1. AI-generated music without meaningful human involvement may lack copyright protection in Nigeria.
2. Where a human contributes original expression such as composing, performing, or arranging that contribution may be eligible for copyright.

This approach mirrors the principle adopted in other common law jurisdictions. For instance, in the United States, the D.C. Circuit in Thaler v. Perlmutter (2025) held that AI-generated artwork without human authorship could not qualify for copyright protection. Similarly, the Czech Republic and European courts have emphasised that originality requires human intellectual creation; works dictated solely by automated processes are not protected. These cases underscore a global consensus: copyright protection fundamentally depends on human creativity.

In contrast, jurisdictions such as China have taken a nuanced approach, recognising that AI-assisted works may qualify for copyright where substantial human creative input is evident, such as selecting, arranging, or refining AI output.

2. Derivative Works and Infringement

Even if an AI-generated version does not itself attract copyright, it may still constitute an infringing derivative work if it reproduces substantial elements of a protected original. A song like Papaoutai, renowned worldwide for its distinctive melody, lyrics, and vocal identity, is safeguarded by copyright. Recreating significant elements without authorisation, even using AI, can violate the rights of the original composer.

This principle is reflected in traditional music copyright cases. In Bridgeport Music, Inc. v. Dimension Films (6th Cir. 2005), the U.S. court held that even brief, unlicensed samples of copyrighted recordings constituted infringement. Similarly, in Mills Music, Inc. v. Snyder (U.S. Supreme Court 1985), courts affirmed that licensing agreements for derivative works are binding and enforceable. These cases illustrate how derivative work standards continue to apply in the context of AI-generated music.

Moreover, the Munich Regional Court in Germany (2025) demonstrated that AI operators may be held liable where their systems are trained on copyrighted music without permission, highlighting that infringement can extend beyond direct reproduction to include unauthorized use in AI training.

3. Profit Entitlement and Commercial Exploitation

When an AI-generated work becomes a commercial success as seen with Papaoutai – Afro Soul charting globally and generating millions of streams the question of who profits legally becomes salient.

In many legal systems:

1. Original copyright owners (the composer, lyricist, or publisher) retain exclusive rights to control and profit from derivative uses of their work.
2. AI platforms and users generally obtain only the usage rights granted by their terms of service.
3. In some cases, original rights holders have negotiated deals with AI platforms to legitimise uses through licensing frameworks.

In Nigeria, the Copyright Act enforces economic rights that protect owners against unauthorised commercial exploitation. If an AI version is found to infringe, original rights holders may be entitled to damages or a share of profits under Nigerian infringement rules.

Challenges and Policy Considerations

Several legal and cultural challenges emerge from the intersection of AI and creative expression:

1. Opacity of Training Data: AI models are frequently trained on large datasets that include copyrighted music without clear consent mechanisms. Whether this constitutes infringement under Nigerian law or should be addressed by new legislation  remains unresolved.
2. Attribution and Ethical Use: Without clear attribution standards, AI can “[replicate] artists’ voices and creative identities without consent,” leading to ethical criticism alongside legal uncertainty.
3. Regulatory Gaps: Unlike some jurisdictions considering AI-specific IP reforms, Nigeria currently relies on general copyright principles, which may be inadequate to address the nuances of AI creativity.

Conclusion

The Papaoutai – Afro Soul phenomenon, with its millions of streams and viral engagement, highlights both the promise and legal challenges of the AI music era. For Nigerian creators like Willy Kanga and the global creative community, it raises questions of authorship, ownership, and value in a world where algorithms can rival human expression.

While AI expands creative possibilities, copyright frameworks in Nigeria and other jurisdictions continue to affirm that human creativity remains central to legal protection. Navigating this evolving landscape requires robust IP protection, clear licensing, and expert legal guidance to ensure innovation does not come at the expense of ownership or profits.

At Olisa Agbakoba Legal, we leverage our expertise in intellectual property, digital media, technology law, and dispute resolution to help clients safeguard their creativity, originality, and commercial rights in the age of AI.

References 

1. Nigerian Copyright Act 2022 (Nigeria).
2. Thaler v Perlmutter (2025) United States Court of Appeals for the District of Columbia Circuit.
3. Bridgeport Music Inc v Dimension Films, 410 F 3d 792 (6th Cir, 2005).
4. Mills Music Inc v Snyder, 469 US 153 (1985).
5. European Court of Justice, Infopaq International A/S v Danske Dagblades Forening (Case C-5/08) [2009] ECR I-6569.
6. Munich Regional Court I, decision on AI training and copyright liability (2025).
7. Billboard, ‘World Digital Song Sales Chart’ (January 2026).
8. Billboard, ‘Global 200 Chart’ (January 2026).
9. TikTok, ‘Papaoutai Afro Soul’ hashtag analytics (January 2026).
10. Stromae, Papaoutai (Mosaert Records, 2013).
11. World Intellectual Property Organization (WIPO), Copyright and Artificial Intelligence (WIPO Publication No 1055, 2023).
12. European Parliament, Artificial Intelligence and Intellectual Property Rights (Briefing, 2024).
13. U.S. Copyright Office, Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence (2023).
14. Stromae, Papaoutai (Because Music 2013).
15. TikTok, ‘#PapaoutaiAfroSoul’ (TikTok Analytics, January 2026) https://www.tiktok.com accessed 9 February 2026.
16. Chill77, Mikeeysmind and Unjaps, Papaoutai – Afro Soul (AI-assisted sound recording, December 2025).
17. Willy Kanga (Williams Etombi), ‘This was exactly how I heard papaoutai’ (Instagram Reel, 14 January 2026) https://www.instagram.com accessed 9 February 2026.
18. YouTube Creator Academy, ‘How Remix Culture Drives Engagement’ https://www.youtube.com/creators accessed 9 February 2026.

Medical negligence occurs when a healthcare provider fails to provide the standard of care a reasonably competent professional in the same field would provide under similar circumstances, and this failure causes harm to the patient. It is not simply a bad outcome or unsuccessful treatment. Medicine is not an exact science, and even the best doctors cannot guarantee perfect results. Medical negligence requires proof that the healthcare provider fell below accepted professional standards and that this substandard care directly caused injury or harm.

In Nigeria, medical negligence law follows the Bolam principle, which asks whether the medical practitioner acted in a manner that would be accepted as proper by a responsible body of medical professionals in that speciality. This means you must show not just that you suffered harm, but that the harm resulted from care that fell below what competent medical professionals would consider acceptable practice.

Medical negligence can take many forms including misdiagnosis or delayed diagnosis, surgical errors such as operating on the wrong body part or leaving instruments inside the patient, medication errors, failure to obtain proper informed consent, inadequate post-operative care, birth injuries from improper prenatal care or negligent delivery, failure to refer patients to specialists when needed, and abandonment of patients or premature discharge. However, not every unfortunate medical outcome is negligence. Complications can arise even when doctors do everything correctly. The key question is always whether the healthcare provider met the accepted standard of care, not whether the outcome was perfect.

Consult a Lawyer Immediately

Once you believe you may have experienced medical negligence, your most important first step is to seek legal advice from a lawyer experienced in medical negligence cases. Do not attempt to navigate this complex area of law on your own. Medical negligence cases are among the most challenging in Nigerian law, requiring specialized knowledge of both legal principles and medical science.

A lawyer can assess whether you have a viable case before you invest time and resources. Not every case of medical negligence is worth pursuing legally. The costs, time commitment, and emotional toll must be weighed against the likelihood of success and potential recovery. An experienced lawyer provides this honest assessment based on your specific facts.

Early legal guidance helps you preserve crucial evidence and avoid mistakes that could jeopardize your claim. There are strict limitation periods for filing medical negligence cases, typically three years from when the negligence occurred or from when you reasonably should have discovered it. Missing these deadlines can permanently bar your claim. A lawyer ensures you act within required timeframes and can navigate the “conspiracy of silence” among medical professionals who rarely testify against colleagues.

Gather and Preserve Evidence

Once you have consulted a lawyer and decided to pursue your case, work with them to collect and protect evidence. Evidence is the foundation of any successful medical negligence claim, and in Nigeria, where record-keeping is often poor and documents tend to “disappear” once litigation is anticipated, swift action is essential.

You have a legal right to your medical records. Request complete copies immediately, preferably before the healthcare provider knows you are considering legal action. Your records should include consultation notes, test results and laboratory reports, prescription records, surgical notes and operation reports, nursing notes and observation charts, imaging studies with radiologist’s interpretation reports, discharge summaries, and admission records. Make your request in writing and keep copies. If the hospital refuses, claims records are “lost,” or demands unreasonable fees, inform your lawyer immediately as such obstruction may strengthen your case.

Beyond medical records, document everything while memories are fresh. Write a detailed timeline of events including dates, times, names of healthcare providers, what they said and did, and symptoms you experienced. Keep all receipts for medical expenses, transportation, and lost income. Photograph any visible injuries or complications. Collect contact information for witnesses including other patients, family members present, and non-medical staff who may have witnessed relevant events. Save all correspondence with the healthcare provider.

Understand What You Must Prove

To succeed in a medical negligence claim, your lawyer must establish four essential elements. First, duty of care, meaning the medical practitioner owed you a legal duty to provide competent care. This is usually established once a doctor-patient relationship exists. Second, breach of duty, meaning the practitioner failed to provide the standard of care expected of a reasonably competent professional in that field. This almost always requires expert medical testimony from a qualified practitioner who can explain what the standard of care required and how the defendant’s actions fell short.

Third, causation, meaning the breach directly caused your injury or harm. You must show that “but for” the negligence, you would not have suffered the harm, or that the negligence materially contributed to a worse outcome. This is often the most difficult element to establish. Fourth, damage, meaning you suffered actual, quantifiable harm such as physical injury, death, psychological trauma, or financial loss. Nigerian courts generally require proof of actual harm. Meeting this four-part burden requires expert medical testimony, comprehensive documentation, and skilled legal advocacy.

Explore Your Options for Redress

Your lawyer will advise you on the best pathway based on your specific circumstances. You can file a regulatory complaint with the Medical and Dental Council of Nigeria. The MDCN can investigate and impose professional discipline ranging from warnings to removal from the medical register. While this doesn’t provide financial compensation, it creates an official record and can protect future patients. State Ministries of Health can also investigate healthcare facilities within their jurisdiction.

Civil litigation through filing a lawsuit in the High Court is the primary avenue for obtaining financial compensation. Nigerian courts can award damages for medical expenses, lost income, pain and suffering, and loss of support to dependents. However, civil litigation is notoriously slow, often taking three to five years or more from filing to judgment, with appeals extending the process further. It requires substantial costs including court filing fees, expert witness fees, and lawyer’s fees.

A critical consideration is whether the defendant can actually pay a judgment. Your lawyer should investigate the defendant’s financial position early, including whether they have insurance coverage and the financial stability of any hospital that might be liable.

Mediation or alternative dispute resolution offers a faster and potentially less expensive option than full court litigation. It may be appropriate for cases where liability is relatively clear and damages are moderate. However, it requires cooperation from the healthcare provider. In extreme cases involving gross negligence or intentionally harmful conduct, you may file a criminal complaint at the police station, though police rarely pursue medical negligence cases criminally unless the conduct is truly egregious.

Understand the Challenges You will Face

The conspiracy of silence among medical professionals is perhaps the single biggest barrier. Doctors are extremely reluctant to testify against colleagues, viewing such testimony as betrayal of professional solidarity. Your lawyer will need to find ethical experts willing to review your case objectively, often from outside your immediate geographic area, and each expert must be compensated, adding significantly to your costs.

The cost of litigation is substantial and often prohibitive for ordinary Nigerians. Beyond lawyer’s fees, you must pay for expert witness fees, court costs, and fees for obtaining medical records. Discuss fee arrangements with your lawyer honestly and upfront. Some work on contingency, taking a percentage of any award, typically between twenty-five and forty percent. Others require upfront payments or use hybrid arrangements.

Poor record-keeping practices make establishing the factual foundation extraordinarily difficult. Medical records are often incomplete, illegible, or go “missing” once litigation commences. Geographic disparities mean your chances of obtaining redress depend significantly on where you live. States with robust legal aid, efficient courts, and strong healthcare regulatory capacity provide far better prospects than states lacking these institutional capacities. Time is also a factor as these cases rarely resolve quickly, potentially taking seven to ten years or more including appeals.

Know Your Rights and Take Action

You have a right to information about your medical condition, treatment options, risks, and alternatives. You have a right to informed consent before any procedure. You have a right to dignity and respectful treatment regardless of your social status or ability to pay. You have a right to confidentiality of your medical information. You have a right to quality care meeting accepted medical standards. You have a right to complain and seek redress without fear of retaliation. These rights are guaranteed by the Constitution, the National Health Act 2014, and various state health laws.

Going forward, always ask questions if you don’t understand your treatment. Request copies of all medical records routinely. Bring a family member to important appointments. Write down instructions and medication names immediately. Get second opinions for major procedures. Verify that your healthcare provider has professional indemnity insurance.

The Bottom Line

Medical negligence cases in Nigeria are challenging but not impossible. Success requires immediate legal consultation with an experienced lawyer, swift evidence preservation before records disappear, realistic expectations about timelines and costs, persistence and resilience throughout a potentially lengthy process, and strategic decision-making about which remedies to pursue.

Every case represents not just a legal claim but a family’s search for justice and accountability. While the system has significant flaws, informed patients working with competent lawyers can navigate the process and sometimes achieve meaningful outcomes. Even when full justice remains elusive, holding negligent practitioners accountable protects future patients and contributes to gradual improvements in healthcare quality.

Don’t suffer in silence. Consult a lawyer. Know your rights. Demand accountability. Your case matters not only for you and your family but for everyone who depends on Nigeria’s healthcare system. Every successful claim, every disciplined practitioner, every enforced standard contributes to a safer healthcare environment for all Nigerians.

DISCLAIMER: This article provides general educational information about medical negligence law in Nigeria and does not constitute legal advice. It should not be relied upon as a substitute for consultation with a qualified lawyer. Medical negligence cases are highly fact-specific, and the information provided here may not apply to your particular situation. Always seek personalized legal advice from a licensed attorney before taking any action regarding a potential medical negligence claim. The author and publisher assume no liability for actions taken based on information in this article.

Expert Witnesses in Nigerian ADR and Litigation: Practical Uses, Importance, and the Case for Greater Adoption

In modern dispute resolution, whether before the courts or within alternative dispute resolution (ADR) mechanisms such as arbitration and mediation, expert witnesses play a critical role in assisting decision-makers to understand complex, technical, scientific, or specialised issues that lie beyond ordinary legal or judicial knowledge. As disputes increasingly involve sophisticated commercial transactions, emerging technologies, financial instruments, engineering processes, and specialised industry practices, the relevance of expert evidence has become more pronounced.

In Nigeria, the use of expert witnesses in both litigation and ADR is steadily growing; however, it remains underutilised when compared with global best practices. International experience demonstrates a far greater reliance on expert input, particularly in arbitration involving technical, construction, energy, finance, and intellectual property disputes. Empirical data support this trend. A 2022 survey conducted by Queen Mary University of London revealed that 76% of respondents in international arbitration considered technical expertise, including expert evidence, to be critically important in the resolution of complex disputes. This underscores the central role experts now play in shaping arbitral outcomes.

At the same time, global surveys have highlighted legitimate concerns regarding the credibility and independence of expert witnesses. A 2021 BCLP survey reported that 51% of practitioners perceived party-appointed experts as resembling “hired guns,” raising questions about impartiality and the quality of expert testimony. Similarly, historical data from a 2012 survey indicated that approximately 90% of expert witnesses in international arbitration were party-appointed, yet fewer than half of respondents believed such experts were more effective than independent or tribunal-appointed experts. These findings illustrate that while expert evidence is indispensable, its persuasive value depends heavily on neutrality, methodological rigour, and transparency.

Against this backdrop, Nigeria stands at an important crossroads. As commercial disputes become more complex and ADR gains wider acceptance, there is a compelling case for the more strategic, structured, and credible use of expert witnesses in both litigation and ADR proceedings. Doing so would not only enhance the quality of decision-making but also align Nigerian dispute resolution practice more closely with international standards.

1. Who Is an Expert Witness?

Under Nigerian law, an expert witness is “any person who is specially skilled in the field in which they are giving evidence,” such that their knowledge, skill, training, or experience assists the tribunal in understanding an issue beyond the ordinary knowledge of the judge or arbitrator.

Section 68 of the Evidence Act 2011 provides that expert opinion is admissible where the court must form an opinion on points such as science, art, foreign law, custom, or handwriting.

2. Expert Witnesses in Litigation

2.1 When Are Experts Used?

In litigation, expert testimony becomes critical when technical questions arise that judges cannot reliably decide without specialised input. Common fields include:

1. Medical standards in negligence claims;
2. Forensic accounting in financial and fraud disputes;
3. Engineering in construction and accident cases; and
4. Customary law or foreign law matters.

In medical malpractice cases, courts routinely consider expert evidence to determine standards of care and causation between professional conduct and harm.

2.2 Legal Standards and Requirements

Nigerian courts have held that experts must be qualified in their field, present scientific or technical analysis, and aid the fact‑finder in understanding complex issues. The court retains the discretion to accept or reject expert evidence based on credibility and relevance.

For example, in Omisore v. Aregbesola (2015) LPELR – 24803 (SC) at page 111E – F., the Supreme Court emphasised that a witness must genuinely have the expertise claimed or their testimony will be disregarded.  The apex court has, in a long line of authorities, articulated the conditions under which expert evidence may be admitted and relied upon. In Sowemimo & Anor v. The State (2004) LPELR-3108 (SC) at 18C–D, the Supreme Court approvingly restated the principle in Wambai v. Kano Native Authority (1965) NMLR 15 as follows:

“In certain cases, evidence of opinion of an expert is relevant, but he must be called as a witness and must state his qualifications and satisfy the Court that he is an expert on the subject in which he is to give his opinion and he must state clearly the reasons for his opinion.”

Similarly, the Court of Appeal has maintained a strict approach to the admissibility of expert reports. In Jalbait Ventures (Nig) Ltd & Anor v. Unity Bank Plc (2016) LPELR-41625 (CA) at 33–34A–C, per Wambai, JCA, the Court held that:

“It is now settled law that for an expert report to be admissible and relied upon, the expert must be called as a witness, more so where the report is of a scientific or technical nature which may be outside the knowledge of the Judge… The party seeking to rely on such a report has an obligation to call the expert as a witness to subject him to cross-examination not only on the contents of the report but also on his acclaimed qualification… The reasons for his opinion must also be scrutinized.”

The Court relied on, among others, Kayode Ventures v. Minister, FCT (2010) 7 NWLR (Pt. 1192) 171 (SC); A.G.F. v. Alhaji Atiku Abubakar & Ors (2002) 4 SCNJ 456; Ogiale v. SPDC (Nig.) Ltd (1997) NWLR (Pt. 480) 148; and Stoyol & Anor v. INEC (2011) LPELR (CA).

3. Expert Witnesses in ADR (Arbitration and Mediation)

3.1 Arbitration

Arbitration is increasingly the forum of choice for commercial disputes in Nigeria. The Arbitration and Mediation Act recognises that arbitrators may consider expert evidence where technical issues arise, similar to litigation, even if formal evidence rules are relaxed.

In international or commercial arbitration involving specialised issues (e.g., oil & gas valuation, construction defects, intellectual property valuation), expert reports and testimony are often determinative of key issues.

3.2 Mediation and Expert Participation

In mediation, expert input can help parties evaluate risks, quantify damages or losses, and facilitate settlement by providing clear, objective data that narrows the dispute especially where technical or financial issues are central.

4. Why Expert Witnesses Matter (with Statistics & Case Examples)

4.1 Clarifying Complex Evidence

Evidence of experts simplifies complex information for judges and arbitrators, making decision‑making fairer and more informed. Forensic accounting experts, for instance, played a significant role in investigative proceedings that exposed complex financial fraud in high‑profile Nigerian corruption cases such as James Ibori, Diezani Alison‑Madueke, and Darius Ishaku. In these matters, forensic experts helped trace and value assets and transactions that ordinary fact‑finders could not decipher alone.

4.2 Supporting Credibility and Reliability

Expert evidence often spells the difference between success and failure in disputes involving data interpretation, technical cause, or valuation. Proper expert testimony withstands cross‑examination and allows tribunals to make sound factual findings.

4.3 Aids Efficient Case Resolution

In ADR, expert evidence helps narrow disputes and can encourage settlement by giving both sides a realistic understanding of risks and values. In litigation, expert evidence reduces trial ambiguity, especially in technical fields.

5. Challenges in Nigeria’s Use of Expert Witnesses

Despite their usefulness, expert witnesses in Nigeria face practical challenges:

1. Credibility Issues: Courts have expressed concerns about experts who are poor communicators, biased for the appointing party, or lack proper methodology.
2. Mode of Appointment: Most experts are currently appointed by parties. Appellate courts have cautioned against uncritical reliance on party‑appointed experts and urged that expert witnesses assist the court neutrally.
3. Limited Standardisation: Unlike some jurisdictions, Nigeria does not have a formal accreditation process for expert witnesses, increasing the risk of unqualified testimony.

6. The Case for Broader and Better Use

6.1 Improving Judicial Accuracy

With increasingly sophisticated commercial disputes, Nigerian courts and ADR forums must lean more on experts to ensure just outcomes. Expert evidence helps reduce speculative judgments and improves the quality of judicial decisions.

6.2 Professionalising Expert Roles

Nigeria should consider establishing clearer standards for qualifying expert witnesses, perhaps borrowing from models in the UK and US, where criteria for expert admissibility and methodology are more developed.

6.3 Institutionalising Court‑Appointed Experts

To reduce bias and enhance trust, courts and arbitration institutions should broaden powers to appoint independent experts where appropriate.

Conclusion

Expert witnesses are an indispensable part of both litigation and ADR in Nigeria. They bridge the gap between legal reasoning and technical complexity, improve the quality of fact‑finding, and support efficient dispute resolution. Increasing their proper and regulated use not merely hiring experts for tactical advantage but to genuinely aid tribunals will enhance the credibility, efficiency, and fairness of Nigeria’s justice system in both courts and alternative dispute forums.

References

1. Queen Mary University of London, 2012 International Arbitration Survey: Current and Preferred Practices in the Arbitral Process (QMUL & White & Case 2012) https://www.qmul.ac.uk/arbitration/media/arbitration/docs/2012_International_Arbitration_Survey.pdf accessed 21 January 2026.
2. Queen Mary University of London, 2022 International Arbitration Survey: Adapting Arbitration to a Changing World (QMUL & White & Case 2022) https://www.qmul.ac.uk/arbitration/research/2022-international-arbitration-survey/ accessed 21 January 2026.
3. Bryan Cave Leighton Paisner (BCLP), BCLP Arbitration Survey 2021: Expert Evidence in International Arbitration (BCLP 2021) https://www.bclplaw.com/en/insights/publications/2021/bclp-arbitration-survey-expert-evidence.html accessed 21 January 2026.
4. HuygHe, S., & Chan, A. (2013). The evolution of expert witness law under UK and US jurisdictions. Const. L. Int’l, 8, 14.
5. Adeola A. Oluwabiyi (Ph. D) “A Comparative Legal Analysis of the Application of Alternative Dispute Resolution to Banking Disputes.” Journal of Law, Policy and Globalization VOl.38, 2015
6. Ankama, Aliu & Aliyu: “The Application of Arbitration for Effective Dispute Resolution in the Nigerian Banking Sector”. International Journal in Advanced Research in Social Engineering and Development Strategies. Vol.2 No.1 October 2014.
7. Kumar, M. (2011). Admissibility of expert evidence: Proving the basis for an expert’s opinion. Sydney Law Review, The, 33(3), 427-457.
8. Evidence Act 20211
9. Mediation and Arbitration Act (AMA) 2023
10. Blacks Law Dictionary
11. Omisore v. Aregbesola (2015) LPELR-24803 (SC) 111E–F.
12. Sowemimo & Anor v. The State (2004) LPELR-3108 (SC) 18C–D.
13. Wambai v. Kano Native Authority (1965) NMLR 15.
14. Jalbait Ventures (Nig) Ltd & Anor v. Unity Bank Plc (2016) LPELR-41625 (CA) 33–34A–C.
15. Kayode Ventures v. Minister, FCT (2010) 7 NWLR (Pt. 1192) 171 (SC).
16. A.G.F. v. Alhaji Atiku Abubakar & Ors (2002) 4 SCNJ 456.
17. Ogiale v. SPDC (Nig.) Ltd (1997) NWLR (Pt. 480) 148.
18. Stoyol & Anor v. INEC (2011) LPELR (CA).

WHEN STORIES GO TO THE SCREEN:  INTELLECTUAL PROPERTY AND CONTRACTUAL CONSIDERATIONS  FOR CREATIVES

The news is out: The Secret Lives of Baba Segi’s Wives is set to hit cinemas in December 2026. Fans of Lola Shoneyin’s bestselling novel can finally see Baba Segi, his wives, and the secrets of his household come alive on the big screen. But behind the excitement of glitzy premieres and star-studded casts lies a quieter, crucial story, one about the legal foundations, the invisible backbone that makes screen adaptations possible.

The Novel as Intellectual Property

Under the Nigerian Copyright Act 2022, literary works are automatically protected upon creation^[1]. This protection encompasses not only the text itself, but also the characters (distinctive and well-developed characters), narrative structure, and distinctive elements of expression. The law further provides that the author of a literary work (copyright holder) has exclusive rights to make any adaptation of the work^[2]. Thus, Lola Shoneyin has the right to make her novel available for adaptation; however, adapting a novel into a film constitutes a separate form of exploitation that requires the explicit consent of the copyright holder; otherwise, it amounts to an infringement.

Film Adaptation Rights and Contracts

Contracts provide the legal and commercial architecture necessary for adaptation. In practice, producers typically secure an option agreement, granting them an exclusive, time-limited right to develop a screenplay based on the work. Should the project progress to production, the producers then acquire the full adaptation rights under agreed terms, including financial compensation for the author.

Beyond remuneration, contracts guarantee that the adaptation is executed lawfully. Under the Nigerian Copyright Act, any unauthorised adaptation constitutes infringement, with potential civil and criminal consequences^[3]. Properly structured contracts, therefore, serve not only as instruments of financial arrangement but also as safeguards for creative integrity and legal compliance.

Moral Rights and Creative Integrity

Even after licensing adaptation rights, the author retains moral rights under Nigerian Copyright Law. These rights include the entitlement to proper attribution and the protection of the work against derogatory treatment^[4]. For a story such as Baba Segi’s Wives, which engages with culturally sensitive and socially resonant themes, the preservation of moral rights ensures that the narrative’s integrity is maintained while allowing filmmakers creative latitude, provided such latitude does not amount to derogatory treatment.

Separate Copyrights: The Original Work and the Adaptation

When a literary work is adapted for the screen, it is important to note that copyright in the original work and copyright in the adaptation, which becomes a derivative work, remain legally separate. The author continues to own the copyright in the novel itself, encompassing the story, characters, themes, and creative expression, unless those rights are expressly assigned. Granting adaptation rights does not extinguish this ownership.

At the same time, once a film is lawfully produced with the author’s consent, the film becomes a new and independent copyrighted work, typically owned by the producer or production company. This copyright protects the screenplay, performances, audiovisual elements, and overall cinematic expression. Although the film is derived from the novel, both works coexist as distinct intellectual properties, each protected by law and governed by contract. This separation ensures that authors retain control over their creations while producers can exploit the adapted work with legal certainty.

Global Distribution and Commercial Considerations

This adaptation is poised for international theatrical release, involving potential distribution partners such as Genesis, Nile, and Silverbird. Global distribution introduces additional layers of contractual complexity, including territorial rights, licensing arrangements, and revenue-sharing mechanisms. Clear agreements and a verifiable chain of title are essential to enable investors and distributors to participate confidently, thereby ensuring that the film reaches its intended audience without legal impediment.

Implications for Nollywood and African Creativity

The adaptation of The Secret Lives of Baba Segi’s Wives demonstrates that Nigerian intellectual property can be both culturally significant and commercially viable. Protecting and managing IP through well-drafted contracts enables creators to receive fair compensation, empowers filmmakers to undertake ambitious projects, and facilitates the dissemination of African stories on a global stage.

For Nollywood, this development represents a maturation of the industry. It reflects a shift from informal practices to a structured approach in which the rights of creators are respected, the value of intellectual property is recognised, and the sustainability of creative ventures is prioritised.

Conclusion

Ultimately, the cinematic adaptation of The Secret Lives of Baba Segi’s Wives is more than a cultural event; it is a case study in how creativity and legal frameworks intersect to produce enduring value. Copyright protection and contractual clarity are not merely formalities but are fundamental to the sustainable growth of Nigerian literature and film. By safeguarding intellectual property, we ensure that stories continue to flourish, creators are duly acknowledged, and Nollywood emerges as a professional, globally competitive industry.

^[1] Section  2 & 28(1), Copyright Act 2022.

^[2] Section 9(J), Copyright Act 2022.

^[3] Ibid.

^[4] Section 14, Copyright Act 2022.

Navigating Regulatory Risk and Infrastructure Disputes: The Evolving Role of International Arbitration and Mediation Across the African Energy Value Chain (Oil, Gas, and Power).

Introduction

Africa holds a central position in the global energy landscape, rooted in its abundant natural resources, with crude oil historically dominating production. However, the sector is undergoing a profound transition, marked by a decisive shift from traditional fossil fuels toward renewable sources such as solar power. This evolving landscape introduces heightened complexity, driving an increase in regulatory risks, legal changes, and the subsequent rise in disputes. This paper will examine how various stakeholders including states, investors, Non-Governmental Organizations (NGOs), and local communities can effectively navigate these risks, with a specific focus on the critical role of international arbitration and mediation in resolving disputes within this globally interconnected industry.

There are rising disputes emerging from the global shift to renewable and low-carbon energy sources. The dependence on fossil fuels has led to ecological damage, climate instability, and economic volatility, resulting in new forms of conflict over ownership, governance, and benefit-sharing in energy and mining projects. There is a growing need for arbitration systems that can effectively handle complex, cross-border, and sustainability-related disputes.

Across all segments, regulatory risk is ever-present. Governments may unilaterally change laws (taxes, local content, environmental rules) or renegotiate contracts under political or economic pressure. According to a recent survey, energy executives in Africa cited volatile prices and new local regulations as leading triggers for disputes^[1]. In practice, a major oil or gas project can face both breach of contract claims and investor state treaty claims, reflecting both commercial and sovereignty angles^[2]. The interplay of national courts, regulatory agencies and international treaties means stakeholders must navigate multiple legal layers.

Arbitration and Mediation: Tools for Dispute Resolution

Given these risks, parties commonly build arbitration and mediation clauses into energy contracts. By 2025, most cross-border oil, gas and power agreements in Africa explicitly name arbitration (commercial or investment) as the dispute forum. Multilateral investment treaties covering African states usually provide ICSID or UNCITRAL arbitration options for foreign investors. This reflects the reality that arbitral procedures and enforceability conventions (New York, ICSID) are often more reassuring to both sides than local courts.

Why Arbitration?

Arbitration’s features match the needs of the energy sector:

1. Neutral Forum: Arbitration panels can be seated in neutral jurisdictions, which helps avoid perceptions of local bias. Energy contracts often select venues like London, Paris, Singapore, or regional seats (e.g. Mauritius). As one analysis notes, arbitration “offers a neutral forum” especially when parties hail from different legal systems^[3]. In Nigeria, for instance, international investors frequently insist on arbitration abroad to avoid uncertainties in Nigerian courts.
2. Expertise: Parties can choose arbitrators with relevant technical backgrounds (petroleum engineers, geologists, power system experts). In cases involving reservoir management or grid operations, this expertise ensures that the tribunal can properly evaluate complex evidence^[i]. In practice, energy arbitrations often list one or more experts as arbitrators.
3. Confidentiality: Arbitration hearings and awards are typically private. For energy companies, confidentiality is valuable to protect commercially sensitive data (reserves estimates, infrastructure vulnerabilities) and to avoid public disclosures that might affect stock prices or political standing^[ii].
4. Flexibility: Parties can tailor arbitration procedures (e.g. expedited timelines, limited document production) to fit project needs. Energy contracts may also allow emergency arbitrators or partial awards so that projects need not shut down while disputes are resolved. For example, many IPP contracts allow an emergency tribunal to order provisional payments even before the final award.
5. Enforceability: A decisive advantage is that arbitral awards are internationally enforceable under the New York Convention (1958)^[iii]. Since African projects often cross borders (export pipelines, regional power pools, multinational consortia), it is critical that an award against a state or company can be enforced in multiple jurisdictions. As one commentator notes, an international award is “enforceable virtually worldwide” thanks to the Convention^[iv]. In contrast, a court judgment in one country might be difficult to collect elsewhere.

Because of these benefits, arbitration is the preferred method in African energy deals^[v]. An industry report confirms that African energy and infrastructure investments overwhelmingly invoke arbitration. It also found that 28% of surveyed experts expect Africa to have the fastest growth in energy disputes^[vi], reflecting rising activity in Nigeria, Algeria and elsewhere.

Trends and Best Practices

Emerging patterns in African energy disputes inform best practices:

1. Parallel Proceedings: It is common for related claims to appear in multiple forums.^[vii] To avoid contradictory results, savvy contracts include “fork in the road” clauses or pre-arbitration mediation/conciliation steps. Parties might agree, for instance, that choosing arbitration under a BIT waives the right to sue in domestic courts on the same issue. Careful drafting is essential to allocate remedies to the appropriate forum.
2. Emergency Relief: Given the critical nature of energy projects, parties often use interim measures. Arbitration rules and local laws (like Nigeria’s) now recognize emergency arbitrators or ex parte injunctive powers. ICC data shows that about half of emergency arbitrator applications in 2020 were in infrastructure/energy cases^[viii]. Practitioners therefore write contracts to explicitly authorize an arbitrator or tribunal to order things like continued supply of power or provisional payments, so that projects need not shut down during disputes.
3. Expertise and Dispute Boards: For large construction-heavy projects (pipelines, LNG plants, power stations), many contracts incorporate on-site Dispute Adjudication Boards (DABs) or reserve rights for technical experts to resolve specific issues. This early dispute resolution mechanism (derived from FIDIC engineering contracts) has been successful in some African infrastructure projects by resolving engineering and interpretation disputes quickly. Parties should consider DABs or standing panels for mega-projects.
4. Third-Party Funding: The high cost of international arbitration has made third-party funders more common. Many arbitration laws (including Nigeria’s 2023 Act) expressly permit funding. This helps smaller players (local contractors, investors) bring or defend claims. The downside is that funding introduces more layers: funders must be disclosed, and arbitrators must manage conflicts. Parties should anticipate and regulate funding in their arbitration clauses (for example, by agreeing on disclosure obligations).
5. Stabilization Clauses: Investors often negotiate clauses that “stabilize” the legal or fiscal regime i.e., allowing compensation if laws change. These clauses can reduce disputes by limiting unexpected costs, though their validity varies by jurisdiction. African governments manage this by sometimes offering guarantees (e.g. foreign exchange repricing, protection from expropriation), which then become focal points if policy shifts occur.
6. Capacity Building: International support for ADR continues. Organizations like UNCTAD, AfDB and UNCITRAL conduct workshops on energy arbitration; African law schools and arbitral institutions train more experts in this field. Over time, these efforts should improve efficiency and consistency in how African disputes are handled.

Nigeria as a Case Study

Nigeria illustrates many of the above dynamics in a single country. It is Africa’s largest economy and a major oil producer, with a full energy value chain (oil and gas fields, pipelines, LNG facilities, refineries, and significant power generation projects). Yet Nigeria also exemplifies common risks and responses:

Legal and Treaty Framework: Nigeria has a web of investment treaties and laws. It has ratified the ICSID Convention (1965) and maintains about 15 BITs^[ix] (with partners like the UK, Netherlands, China, etc.). Domestic law reforms have been recent and significant: the Petroleum Industry Act 2021 reorganized the hydrocarbon sector (an attempt to modernize and clarify fiscal terms, which the NUPRC says has bolstered confidence^[x]), and the Electricity Act 2023 likewise updated power sector law. Nigeria also ratified the UN Singapore Mediation Convention in 2023^[xi], signaling support for mediated settlements.

The P&ID v. Nigeria dispute, though not involving an operational energy company, remains a defining cautionary tale for the sector. Arising from a proposed gas-processing agreement, the arbitration culminated in a US$6 billion award against Nigeria, later set aside by UK courts in 2021 on grounds of fraud. The saga (often called “P&ID”) had a chilling effect: it showed that Nigerian arbitration awards can be annulled if corrupted, and it spurred Nigeria to strengthen anti-fraud provisions in contracts.^[xii]

Beyond investor–state arbitration, Nigerian energy companies routinely rely on commercial arbitration to resolve disputes arising from joint ventures, service contracts, and financing arrangements. Indigenous operators such as Aiteo have previously engaged in ICC arbitrations with international partners, reflecting a growing comfort with international arbitral institutions. Following the privatisation of electricity generation and distribution from 2013 onward, disputes in the power sector often involving performance obligations, payment defaults, and regulatory risk have also been resolved through arbitration, frequently on a confidential basis.^[xiii]

Judicial Support for ADR: Nigerian courts are increasingly pro-arbitration. The 2023 Arbitration and Mediation Act is a major endorsement of international norms. In recent judgments, higher Nigerian courts have enforced foreign awards or arbitration agreements, mindful of the need to appear arbitration-friendly. Court decisions have also handled issues like disclosure of expert evidence and injunctions to support arbitrations. All in all, Nigeria now aims to balance permit for arbitration with safeguards against abuse (as seen in the P&ID outcome)^[xiv].

Nigeria thus represents both the risks and the evolving solutions in African energy disputes. High-value projects there routinely contain arbitration clauses, and major stakeholders expect to use international law to resolve issues. At the same time, Nigeria’s legal reforms (e.g. NIPC Act, PIA, Arbitration and Mediation Act) reflect the government’s recognition that clear dispute rules are needed to sustain investment.

Conclusion

Africa’s oil, gas and power sectors are poised for growth, but they operate in a challenging environment of shifting regulations and infrastructure strain. Disputes over project contracts, licenses and payments are inevitable under such conditions. Experience has shown that robust dispute resolution mechanisms are essential. Arbitration, with its neutrality, expertise and enforceability is the workhorse of dispute resolution in African energy, while mediation provides a faster, more flexible alternative when relationships matter.

Data confirms the significance: about a quarter of all investor–state arbitrations globally have involved oil, gas or mining investments^[xv]. In Africa, countries have responded by ratifying key conventions (ICSID, New York, Singapore Mediation) and adopting modern arbitration laws. Nigeria’s own reforms including the Arbitration and Mediation Act 2023 exemplify this trend toward compliance with global standards.

For investors and governments alike, the lesson is clear: anticipate disputes from the outset. This means crafting well-defined multi-tier dispute clauses, selecting experienced arbitration seats, and fostering early negotiation. It also means ensuring domestic courts will respect these agreements. When disagreements arise, resorting to arbitration or mediation can resolve them without derailing entire projects. Ultimately, the success of Africa’s energy value chain depends on good governance of contracts and conflicts.

^[1] Laurie Achtouk‑Spivak & Siddharth S. Aatreya, “Resolving Energy Disputes in Africa Through Arbitration and Alternative Dispute Resolution(ADR) (Clearygottlieb), https://content.clearygottlieb.com/regions/africa-outlook/resolving-energy-disputes-in-africa-through-arbitration-and-alternative-dispute-resolution/index.html#:~:text=Around%2028,3%7D.%20The Accessed 9 December 2025

^[2] Philippe Hameau, Christopher Asselineau and Marc Robert – Norton Rose Fulbright “Energy Arbitration in Africa: Parallel Proceedings” (Global Arbitration Review, 15 April 2025), https://globalarbitrationreview.com/review/the-middle-eastern-and-african-arbitration-review/2025/article/energy-arbitration-in-africa-parallel-proceedings#:~:text=Foreign%20investments%20in%20Africa%E2%80%99s%20energy,increasing%20number%20of%20parallel%20proceedings Accessed 9 December 2025

^[3] Oluwasileola Akinsete, “International Arbitration: A Preferred Mechanism For Oil & Gas Dispute Resolution” (Mondaq, 6 November 2025) https://www.mondaq.com/nigeria/oil-gas-electricity/1701626/international-arbitration-a-preferred-mechanism-for-oil-gas-dispute-resolution#:~:text=Oil%20and%20gas%20projects%20often,3 Accessed 9 December 2025

^[i] Oluwasileola Akinsete, “International Arbitration: A Preferred Mechanism For Oil & Gas Dispute Resolution” (Mondaq, 6 November 2025)

https://www.mondaq.com/nigeria/oil-gas-electricity/1701626/international-arbitration-a-preferred-mechanism-for-oil-gas-dispute-resolution#:~:text=3.%20Technical%20and%20industry,of%20arbitrators Accessed 9 December 2025

^[ii] Oluwasileola Akinsete, “International Arbitration: A Preferred Mechanism For Oil & Gas Dispute Resolution” (Mondaq, 6 November 2025)

https://www.mondaq.com/nigeria/oil-gas-electricity/1701626/international-arbitration-a-preferred-mechanism-for-oil-gas-dispute-resolution#:~:text=Oil%20and%20gas%20disputes%20often,5 Accessed 9 December 2025

^[iii] Oluwasileola Akinsete, “International Arbitration: A Preferred Mechanism For Oil & Gas Dispute Resolution” (Mondaq, 6 November 2025)

https://www.mondaq.com/nigeria/oil-gas-electricity/1701626/international-arbitration-a-preferred-mechanism-for-oil-gas-dispute-resolution#:~:text=2 Accessed 9 December 2025

^[iv] Oluwasileola Akinsete, “International Arbitration: A Preferred Mechanism For Oil & Gas Dispute Resolution” (Mondaq, 6 November 2025)

https://www.mondaq.com/nigeria/oil-gas-electricity/1701626/international-arbitration-a-preferred-mechanism-for-oil-gas-dispute-resolution#:~:text=2 Accessed 9 December 2025

^[v] Laurie Achtouk‑Spivak & Siddharth S. Aatreya, “Resolving Energy Disputes in Africa Through Arbitration and Alternative Dispute Resolution(ADR) (Clearygottlieb),  https://content.clearygottlieb.com/regions/africa-outlook/resolving-energy-disputes-in-africa-through-arbitration-and-alternative-dispute-resolution/index.html#:~:text=As%20energy,a%20means%20of%20dispute%20resolution Accessed 9 December 2025

^[vi] Laurie Achtouk‑Spivak & Siddharth S. Aatreya, “Resolving Energy Disputes in Africa Through Arbitration and Alternative Dispute Resolution(ADR) (Clearygottlieb),  https://content.clearygottlieb.com/regions/africa-outlook/resolving-energy-disputes-in-africa-through-arbitration-and-alternative-dispute-resolution/index.html#:~:text=Around%2028,3%7D.%20The Accessed 9 December 2025

^[vii] Philippe Hameau, Christopher Asselineau and Marc Robert – Norton Rose Fulbright “Energy Arbitration in Africa: Parallel Proceedings” (Global Arbitration Review, 15 April 2025), https://globalarbitrationreview.com/review/the-middle-eastern-and-african-arbitration-review/2025/article/energy-arbitration-in-africa-parallel-proceedings#:~:text=Parallel%20proceedings%2C%20in%20this%20context%2C,investment%20laws%20and%20investment%20treaties Accessed 9 December 2025

^[viii] Laurie Achtouk‑Spivak & Siddharth S. Aatreya, “Resolving Energy Disputes in Africa Through Arbitration and Alternative Dispute Resolution(ADR) (Clearygottlieb),  https://content.clearygottlieb.com/regions/africa-outlook/resolving-energy-disputes-in-africa-through-arbitration-and-alternative-dispute-resolution/index.html#:~:text=Disputes%20in%20the%20energy%20sector,related%20disputes%2C%20especially Accessed 9 December 2025

^[ix] Munia El Harti Alonso & Sophia Herbat, “Shareholder Disputes and the Nigerian Foreign Investment Framework: Attribution Under the Prism of the Interocean Case” (Afronomicslaw, 24 October, 2020)

https://www.afronomicslaw.org/2020/10/23/shareholder-disputes-and-the-nigerian-foreign-investment-framework-attribution-under-the-prism-of-the-interocean-case#:~:text=Nigeria%20currently%20has%2015%20BITs,investment%20protections%20under%20the%20Act Accessed 9 December 2025

^[x] The Nigerian Upstream Petroleum Regulatory Commission (NUPRC) 2023 Annual Report

^[xi] Singapore Convention on Mediation, https://www.singaporeconvention.org/jurisdictions#:~:text=Nigeria%20%207, Accessed 9 December 2025

^[xii] https://thearbitrationbrief.com/2024/04/30/what-we-can-learn-from-the-notorious-pid-v-nigeria/ Accessed 9 December 2025

^[xiii] https://punchng.com/court-nullifies-shell-afc-others-icc-arbitration-against-aiteo/ Accessed 9 December 2025

^[xiv] Emily Granja & Junior Staffer, “What We Can Learn From the Notorious P&ID v. Nigeria” (The Arbitration Brief, 30 April 2024) https://www.ibanet.org/arbitration-related-litigation-in-nigeria#:~:text=The%20most%20high,when%20asked%20to%20refuse%20enforcement Accessed 9 December 2025

^[xv] Andrew Canon, Liz Kantor & Kyle Melville, “Surge in Cases as ICSID Releases its 2023 Caseload Statistiy” (Herbert Smith Freehills Kramer, 26 February 2024) https://www.hsfkramer.com/notes/publicinternationallaw/2024-02/surge-in-cases-as-icsid-releases-its-2023-caseload-statistics#:~:text=Oil%20%26%20Gas%20and%20Mining,remain%20key%20sectors%20for%20ISDS Accessed 9 December 2025

LITIGATION TRENDS IN RENEWABLE ENERGY: DISPUTES OVER LAND USE AND ENVIRONMENTAL IMPACT

INTRODUCTION

Renewable energy is derived from natural environmental sources, which are replenished at a rate equal to or faster than at which they are absorbed. Renewable energy sources include sunlight, wind, water, organic waste, and heat from the Earth which are abundant, replenished by nature, and emit little to no greenhouse gases or air pollutants. According to reports, in 2023; the power sector was the greatest contributor to environmental pollution^[i] and renewable energy is here to reduce its effect on society.

 In 2024, research has shown that the world invests twice as much in renewable energy as it does in traditional energy sources^[ii].  This might stem from the fact that the world is trying to reduce the impact of global greenhouse gas emissions on the environment. According to UN; to avoid the worst impacts of climate change, emissions must be reduced by almost half by 2030, and reach net-zero by 2050^[iii].

Renewable energy sources include sunlight, wind, water, organic waste, and heat from the Earth which are abundant, replenished by nature, and emit little to no greenhouse gases or air pollutants. According to reports, in 2023; the power sector was the greatest contributor to environmental pollution^[iv] and renewable energy is here to reduce its effect on society.

Nigeria is not left behind in the renewable energy discuss, Excluding Hydropower, Nigeria’s renewable energy input has been calculated to be an estimate of 35MW, out of which 30MW accounts for small hydropower, while the remaining 5MW accounts for solar PV This jointly represents 0.06% of the nation’s aggregate electricity generating capacity^[v]. According to the Federal Ministry of Science, Technology & Innovation Federal Republic of Nigeria, Nigeria has four sources of renewable energy:

• Solar: IRENA estimates the technical potential for solar photovoltaic (PV) in the country at 210 gigawatts (GW), considering only 1% of the suitable land can be utilised for project development.
• Wind: IRENA estimates the technical potential for wind at 3.2 GW, considering only 1% of the suitable land can be utilised for project development. However, the Federal Ministry of Power says that it is conducting an offshore wind mapping. For this study, it is assumed that only onshore wind turbines will be deployed in Nigeria.
• Hydro: Nigeria has a large hydro potential of around 24 GW and a small hydro potential of about 3.5 GW. This potential, for the most part, is yet to be exploited. In 2015, Nigeria had about 1.9 GW installed capacity of large hydro and about 60 megawatts of small hydro.
• Biomass: Exploiting the huge potential of biomass resources in the country, especially in the form of agricultural residues for power generation, will go a long way to resolving the current energy crisis in Nigeria.^[vi]

Notwithstanding Nigeria’s access to renewable energy sources, it remains one of the countries with the lowest rate of renewable energy. At this rate, it is not feasible for Nigeria to achieve its targets without the integration of renewable energy.

There have been disputes arising in the renewable energy sector not just in Nigeria but in the world, there have been disputes on policies, use of lands and even funds in many instances, affected groups have to resort to public mobilisation and campaigns to address these errors. With this underway, litigation is another viable means to enforce their rights over their lands and the perceived misuse of them.

This article analyses the evolving legal landscape of renewable energy and how these disputes are resolved or otherwise settled, ensuring favourable outcomes for both the land owners and energy developers alike.

HISTORY OF LITIGATION IN ENERGY

The litigation trend in the Renewable Energy sector has evolved drastically. The evolution of the dispute arose from the traditional energy sector that is petroleum, gas flaring, mining and the rest hence we cannot discuss the litigation trends in renewable energy without discussing the litigation trends in the traditional energy sector.

 The first cause of litigation dispute in environmental sector would be the owner of the land where minerals were found. The Constitution of Federal Republic of Nigeria (CFRN)^[vii] provides that the entire property in and control of all minerals, mineral oils, and natural gas in Nigeria are vested in the Federal Government. The government holds these resources in trust for the Nigerian people. This legal position is a fundamental principle and overrides the traditional concept of “whoever owns the land owns everything on and under it” (quicquid plantatur solo, solo cedit). This position also is learnt credence by the provision of Minerals and Mining Act, 2007 while Under the Land Use Act, all land within a state’s territory is vested in the State Governor to be held in trust for the benefit of Nigerians^[viii]. This has led to various disputes between the State government and the federal government however the constitution has settled that The Constitution also provides that those mines and minerals, including oil fields, oil mining, geological surveys, and natural gas are the exclusive preserve of the federal government of Nigeria.^[ix] Also the court in the case of Attorney-General of the Federation v. Attorney-General of Abia State & 35 Ors.^[x] held that

“the federal government alone and not the littoral states can lawfully exercise legislative, exclusive, and judicial power over the maritime belt or territorial waters and sovereign rights over the Exclusive Economic Zone subject to universally recognized rights, and as such, the ownership, control, and management rights over the natural resources located in the offshore areas of Nigeria is the exclusive preserve of the Federal Government of Nigeria to the exclusion of the federating unit”

Another dispute would be dispute on the principle of derivation; the principle of derivation simply means constitutional directive which constitutes a form of reparation for an expropriated interest and cannot be waived or derogated from by either the state or federal government^[xi]. The state governments, communities or even individual owners of lands where the resources are found have always put up a resistance over the principle of derivatives. The principle provides that not less than 13% of the revenue accruing to the Federation Account directly from any natural resources shall be payable to a State of the Federation from which such natural resources are derived^[xii] This has caused a lot of disputes as States have been urging the national assembly to increase the 13%.

Another common dispute is the dispute between International Oil Companies and the communities where the communities are claiming compensation for damage done to their land due to the activities of the International Oil Companies.

LITIGATION TRENDS IN RENEWABLE ENERGY

Having discussed the litigation trends in energy, we can now discuss the litigation trends in Renewable Energy. Renewable energy is a relatively new sector so the litigation trends there are just developing, the trends stem from the traditional energy sector. People have seen the damage that the traditional sector has caused, hence the need to pivot to renewable energy to protect the environment. Renewable energy has helped reduce the extent of litigation in the energy sector that extends to the land and even the mineral resources. Let’s take Nigeria for example, the states with petroleum have reduced their clamour for increase in their share under the principle of privatisation they understand the fact that the world has shifted from crude and its derivative to fossils and other renewable energy. Also there have been lesser disputes between International Oil Companies and the communities since the damage usually complained about have drastically reduced. 

This is not to say new areas of dispute have not emerged in the Renewable Energy Sector, some of the disputes areas that have now aroused in the renewable energy sectors include;

1. Regulatory and Policy Frameworks: Some of the regulatory frameworks of renewable energy in Nigeria includes; The Climate Change Act, The Environmental Impact Assessment Act 1992, The Electricity Act of 2023 has brought significant reforms, aiming to boost private sector participation. We have the whole of Chapter VII discussing renewable energy while Chapter VIII focuses on hydro generation of power.  However, inconsistencies and overlapping regulations within the existing legal and institutional framework pose challenges. Litigation could arise from disputes over licensing, tariff setting, and the interpretation of these new laws.
2. ENVIROMENTAL AND SITTING DISPUTES: One of the main causes of dispute with renewable energy is the environmental and sitting effects. Conflicts usually arise between the local communities and energy developers over land use, compensation distribution, and environmental impact. A community where a wind farm project is to be built may create a resistance due to the unbearable noise a wind farm would constitute.  These conflicts are the resultant effect of the imbalance in the power dynamic between these 2 parties. Energy developers possess the capital and technology to carry out various activities, often to the detriment of the local community, and in dire circumstances, making the land uninhabitable. Communities have strongly come against the establishment of some renewable energy mechanisms such as solar and wind panels. In the U.S.A, National environmental groups filed court challenges for five solar projects (of 14) and one wind project (of 9)^[xiii]. In Nigeria, Niger state instituted action against Mainstream Energy Solutions Limited and North-South Power Company over payment of land charges and ground rent for the sum of N140 billion for 2017 to 2022.^[xiv] Also in Kenya the popular Lake Turkana Wind Power case is also an example of environmental and sitting disputes, here the court revert the lands that were obtained by a company for the purpose of creating power by wind to the communities and declare the process of acquisition irregular when the communities sued^[xv]

3. FUNDING: There have also been disputes arising from the funding of Renewable Energy projects. In the U.S.A for example, some have criticised the fact that federal funds have been used to sponsor some of these renewable energy projects and have argued that the funds could have been used for other projects. Also in Nigeria under the Valued Added Tax Act, incentives have been provided for companies involved in renewable energy projects. There is also the Solar Hybrid Mini Grid Fund that was created for solar project According to the official website of the Rural Electrification Agency, the Nigeria Electrification Project (NEP) solar hybrid mini grid component aims to support the development of private sector mini grids in rural areas across Nigeria hence why they are pumping a whooping sum of US$410 million into it^[xvi]. Some might argue that it’s not necessary as the money can go into other projects.
4. CONTRACTUAL DISPUTES: disputes may emerge from Power Purchase Agreements (PPAs), construction contracts, and equipment performance issues, especially as new technologies are deployed.

ENVIRONMENTAL IMPACT

Historically, actions instituted sought compensation for the damage done, but we’ve seen a shift in recent times towards requesting environmental remediation in the form of imposing clean-up operation.

If the land upon which the resource is found belongs to the government, what happens to the neighbouring lands still in the hands of private individuals, needing to be preserved? Without protection for these lands, the ecosystem tremendously deteriorates.

This is prevalent in the Niger Delta, which is blessed with not only the resource but foliage and wildlife. In recent times, exploration of these resources, as well as the paternalistic attitude of the courts, has led to deplorable environmental conditions. Between 1958 and 2010, it’s estimated that 10.8 million barrels of crude oil were dispersed into the surrounding ecosystem annually^[xvii]. Although the Environmental Impact Assessment (EIA) Act of 1992 provides for a mandatory assessment for any public or private project that is likely to impact the environment before approval^[xviii]. This has done little to dampen the far-reaching effects of these projects on neighbouring lands, the environment and members of the community.

Beyond this, several persons have been coerced into submitting their lands for the advancement of these renewable projects and have not been fairly compensated, as specifically wind farms require a large expanse of land, which previously might have been used to cater to the agricultural needs of the community or family.

CONCLUSION

In conclusion, one cannot deny that the rise of renewable energy was given birth to by the environmental damage that was done by the traditional energy sector and a lot of litigation dispute has emerged from it The uncertainties surrounding land use, ownership, compensation, and other factors have posed difficulties to the advancement of renewable energies; hence, legal systems need to evolve to accommodate these unique trends in renewable energy projects.

The Business & Human Rights Resource Centre’s just transition litigation tracking tool documents around 95 cases filed globally since 2009 by human rights activists harmed by renewable energy^[xix]. In 65% of these cases, the plaintiffs sought to halt the project, and in 40% of these instances, judgement was given in their favour. Recently, In Panama, an action was brought by the indigenous community and activists against Minera Panama arguing that the project violated their land and environmental protection guidelines. The Supreme Court ruled in their favour and the copper mine was close as it was determined that the operating contract was unconstitutional^[xx]. On an environmental front, there’s been a shift in approach from tort/negligence based claims to human rights/public claims. This could be attributed to the difficulty in proving a claim founded in tort on such a grand scale. For instance, the burden of proof. The plaintiff bears the burden of proving causation, actori incumbit onus probandi – as he who asserts must prove, which can be arduous in instances of environmental harm due to the complex nature of pollution. The shift in the context of the grounds for bringing claims, the rise in the claim and also the outcomes of the claims has contributed to the growth of litigation trends in dispute resolution.

^[i] ibid

^[ii]  International Energy Agency, ‘World Energy Investment 2024, Overview and Key Findings’, https://www.iea.org/reports/world-energy-investment-2024/overview-and-key-findings.

^[iii] Renewable energy – powering a safer and prosperous future  https://www.un.org/en/climatechange/raising-ambition/renewable-energy

^[iv] ibid

^[v] Federal Ministry of Power and Steel (Nigeria), Renewable Electricity Action Program (REAP) (International Centre for Energy, Environment and Development, December 2006) http://www.iceednigeria.org accessed 12 September 2025.

^[vi] https://www.nigeria-energy.com/content/dam/markets/emea/nigeria-energy/en/2023/docs/NE23-NigeriaEnergyRoadmap-Report.pdf

^[vii] Section 44(3)

^[viii] Land Use Act 1978 (Cap L5, LFN 2004), s 1

^[ix] Schedule II, Legislative Powers, Part I, Exclusive Legislative List, item 39, Constitution of the Federal Republic of Nigeria 1999 (as amended)

^[x]  (2002) 6 NWLR (Part 764) 542.

^[xi] Mudiaga Odje, The Challenges of True Federalism and Resource Control in Nigeria (Akpo Mudiaga Odje, 2002)

^[xii]  Constitution of the Federal Republic of Nigeria 1999 (as amended) section 162(2)

^[xiii] https://www.rff.org/publications/reports/taking-green-energy-projects-to-court-nepa-review-and-court-challenges-to-renewable-energy/#:~:text=Abstract,decision%20is%20challenged%20in%20court. Accessed 15 September 2025

^[xiv] https://guardian.ng/news/niger-state-files-suit-against-power-generating-companies/ accessed 19 September 2025

^[xv] https://www.business-humanrights.org/en/latest-news/kenya-lawsuit-by-locals-against-lake-turkana-wind-power-over-land-allocation-community-participation-slowing-down-project/ accessed 19 of September 2025

^[xvi] https://nep.rea.gov.ng/mini-grid.html accessed 19 September 2025

^[xvii] Paul Francis, Deirdre LaPin & Paula A. Rossiasco, Securing Development and Peace in the Niger Delta: A Social and Conflict Analysis for Change (Woodrow Wilson International Center for Scholars, December 2011) https://www.wilsoncenter.org/sites/default/files/media/documents/publication/AFR_110929_Niger%20Delta_0113.pdf accessed 12 September 2025

^[xviii] Environmental Impact Assessment Act 1992 (Cap E12, LFN 2004), ss 16 & 25.

^[xix] Tyczka, Małgorzata, Litigation and the energy transition: A global call for better corporate practice (Business & Human Rights Resource Centre, 3 July 2025) https://www.business-humanrights.org/en/blog/litigation-and-the-energy-transition-a-global-call-for-better-corporate-practice/ accessed 15 September 2025.

^[xx] Małgorzata Tyczka, ‘Litigation and the Energy Transition: A Global Call for Better Corporate Practice’ Business & Human Rights Resource Centre (3 July 2025) https://www.business-humanrights.org/en/blog/litigation-and-the-energy-transition-a-global-call-for-better-corporate-practice/ accessed 15 September 2025.