Ahmed Mussa
Head of Legal | Transaction Services
Ahmed holds a Master of Laws degree (with Distinction) in Energy, Mining and Petroleum Extraction and Use from the University of Cape Town. He superintends all energy related instructions for the Firm including but not limited to power generation, EPC contracts and Power Purchase Agreements [negotiations and drafting].
You may be pleased to know that Ahmed [together with Lusungu Gondwe and Lozindaba Mbvundula] contributed a Malawi Chapter to the Global Legal Insights [GLI] guide on Energy for the year 2022.
Ahmed joined the Firm in August 2013 as an associate. In 2019 Ahmed was promoted to Head of Legal – Transaction Services and International Partnership Development of the Firm. He oversees a range of strategic priorities of the Firm, including but not limited to, development of client relationships and delivery of high-quality transaction services in drafting, project finance, public-private partnerships, mergers and acquisitions, listing on the stock exchange, private equity, restructuring and reorganizations and all manner of non-litigious instructions. Ahmed focuses on general energy law, due diligence, advisory, consultation, regulatory compliance, and transactional.
He has gained in-depth experience advising clients in highly regulated environments, mainly clients in the energy, oil and gas, independent power producers, mining, and petroleum sectors. Ahmed holds a Bachelor Laws [Hons] degree from the Islamic University in Uganda. He has currently completed a Master of Laws degree [LLM] in Energy [Mineral and Petroleum Extraction and Use] at the University of Cape Town in the Republic of South Africa. His LLM focused on aspects of Comparative Mineral Law in Africa and beyond, Negotiation Techniques of Mining Contracts, Oil and Gas Law and Contracts, Resource Revenue Law, and its concomitant Tax Issues.
Aside from these qualifications, Ahmed has attended several Continuous Professional Development Courses. Ahmed holds a certificate in Drafting Commercial Agreements presented by the Malawi Law Society, November 2015, an Advanced Course Certificate in Effective Legal Writing under the Professional Development Project presented by the University of Cape Town, September 2018. He further holds certificates of attendances in COVID-19 and Local Content Requirements in the Extractives Industries, Role of Fossil Fuels in the Energy Transition Era: Challenges and Key Issues for Policymakers, and CEPMLP PhD Researchers Association Graduate Symposium, 2020. Centre for Energy, Petroleum and Mineral Law and Policy of the University of Dundee conducted all these webinars or symposiums in conjunction with the African Energy & Mineral Management Initiative and the Extractives Hub.
Experience
Ahmed is part of the team that has conducted legal due diligence for TDB regarding a loan facility to MAIIC by reviewing the parties’ capacity to enter into the agreement, reviewing the framework for applicable laws governing the agreements, and rendering an opinion on their validity under local laws. Additionally, Ahmed will participate in the drafting of security instruments and see to their registration and perfection valued at USD 1,000,000.
He advised and executed portions of a sovereign cross currency swap to the tune of USD 30,000,000-00 to bolster a country’s foreign exchange reserves. The scope of instructions included advising on the capacity and legality of the sovereign party to enter the transaction including regulation of the central bank, and public finance management legislation. We also liaised with all stakeholders including the bank offering up the currency, the local agent bank holding the swapped currency on the account, and the sovereign beneficiary of the swap to draft an agency agreement supplementing the standard International Swap Dealers Association (ISDA) terms for the regulation of periods, taxes, and default among other key issues. These instructions spanned negotiation, drafting, advisory work on bank governance and regulation on the part of the central bank, tax, and exchange controls.
He was part of the team that represented Midima Holdings Ltd an agent for Techfab International Company Ltd, a multinational company, in its claim for $ 905,598.19 for their role in winning a contract with EGENCO to design, build, supply, deliver and install diesel power generation plants in Lilongwe and Blantyre within Malawi. Obtained a freezing injunction for the claimed sum and commenced arbitral proceedings under the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules.
In 2022, he is currently handling inquiries from Serengeti Energy Limited [a Kenyan company] and Elsewedy Energy [an Egyptian company] who are both investing in multibillion-dollar renewable energy projects.
He was a team member for the firm acting for a multinational company in procurement, construction contracts, commercial transactions, energy, and litigation in commercial and contractual disputes. Successfully represented the multinational company in defending a claim for over MK100 Million arising from their construction of solar power in Likoma and Chizumulu Island.
He is one of the lead team members in the Legal Due Diligence [LDD] on behalf of our Client Spear Africa Holdings II Limited and subsequent acquisition of a target company called RKAY Plastics Industry limited valued at the sum of USD3 million. The LDD exercise was to find out the existing state of affairs of the Target company in terms of their corporate structures, assets, contracts, and litigation among others. He also prepared share transfer and purchase agreements for the acquisition of the target company.
He was the lead for instructions concerning the assignment for consideration of the sum of USD5 million of a Power Purchase Agreement to our Clients Lesta International and WindForce Plc who have business interests in the generation of power in Malawi.