Africa Corporations Law Case Studies

Key legal cases shaping corporate accountability, governance, and business law across Africa.

Case	Description
1. Isabel dos Santos / Sonangol — “Luanda Leaks”	2019–2020 onward \| Angola, Portugal \| Isabel dos Santos & companies vs. Government: Angola/Sonangol Africa’s richest woman charged over alleged embezzlement from Sonangol and state entities. Asset freezes in multiple jurisdictions; criminal charges in Angola; litigation ongoing.
2. Okpabi & others v. Royal Dutch Shell (Niger Delta)	UK Supreme Court 2021 \| UK Supreme Court \| Shell/SPDC vs. ~40,000 Ogale/Bille community members Extended Vedanta doctrine — Nigerian communities can pursue UK parent for chronic oil pollution. Jurisdiction affirmed; substantive claims proceed in English courts.
3. South African “State Capture” — Gupta Enterprise & Zondo Commission	2018–2022 (Commission); ongoing prosecutions \| South Africa \| Gupta family enterprise, Transnet, Eskom & complicit firms (McKinsey, KPMG, SAP, Bain) vs. Government Zondo Commission (June 2022) found over R57 billion tainted by state capture; Guptas allegedly raked in ~R15.5 billion, over 97% siphoned from Transnet/Eskom. Recommended prosecutions and reforms; asset seizures and extradition requests followed.
4. Glencore — Multi-Jurisdiction Bribery Settlements (Africa)	2022 guilty pleas; sentencing 2023 \| US (DOJ/CFTC), UK (SFO/Southwark Crown Court), Brazil \| Glencore vs. US/UK/Brazil governments Pleaded guilty to paying over US$100M in bribes across Nigeria, Cameroon, Côte d’Ivoire, Equatorial Guinea, DRC, South Sudan. ~US$1.1B in US penalties; UK sentence (Nov 2022): £182.9M fine + £93.5M confiscation + £4.6M costs — largest ever UK corporate criminal conviction penalty; first UK conviction for authorizing bribery.
5. Federal Republic of Nigeria v. Process & Industrial Developments (P&ID)	Arbitration 2012–2017; UK judgment Oct 2023 \| English High Court (Commercial Court) \| P&ID (BVI) vs. Government: Nigeria P&ID won an arbitral award over a failed gas contract that ballooned to US$11B+ with interest. Court set the award aside, finding P&ID relied on false evidence and bribed a Nigerian official (Grace Taiga) — landmark on setting aside awards for fraud/corruption.
6. OPL 245 / Malabu — Shell & Eni Nigeria Bribery Affair	2011 deal; Milan trial 2018–2021; UK litigation to 2022 \| Italy (Milan Tribunal), UK, Nigeria \| Shell & Eni vs. Government: Nigeria; Individual: ex-minister Dan Etete Companies paid ~US$1.1B for the OPL 245 oil block, allegedly knowing funds would flow to a convicted money-launderer and officials. Milan Tribunal acquitted all defendants (2021); London High Court dismissed Nigeria’s US$1.7B claim against JPMorgan (2022).
7. Dan Gertler — US Treasury (OFAC) Sanctions over DRC Mining/Oil	2017 onward \| United States (OFAC, Global Magnitsky sanctions) \| Dan Gertler/Fleurette companies vs. US Government Sanctioned for “opaque and corrupt” DRC mining/oil deals allegedly costing the state over US$1.3B in lost revenue. Sanctions imposed and repeatedly extended; assets frozen.
8. FG Hemisphere Associates v. Democratic Republic of the Congo (Vulture-Fund Enforcement)	2008–2011 (Hong Kong final appeal 2011) \| Hong Kong Court of Final Appeal \| FG Hemisphere vs. Government: DRC (and Chinese state entities) Sought to seize DRC payments to Chinese mining investors to satisfy an old award. Hong Kong applied absolute sovereign immunity, blocking enforcement — key limit on creditor claims against African states.
9. Kensington International v. Republic of Congo (Brazzaville)	2005–2006 \| UK & US courts \| Kensington International (Elliott-linked) vs. Government: Republic of Congo Enforcement litigation over defaulted debt exposed opaque oil-backed loans and offshore structures hiding state oil revenues. Judgments/asset-tracing orders against Congo; fueled debt-transparency reforms.
10. SAP SE — South Africa FCPA Settlement	January 2024 \| US (DOJ/SEC) & South Africa \| SAP SE (Germany) vs. US/SA Governments Resolved FCPA charges over bribes (2013–2018) paid via intermediaries to win state contracts (Eskom, Transnet, Dept. of Water) — tied to the state-capture story. Three-year DPA: US$118.8M criminal penalty + US$103.4M forfeiture + ~US$98.5M SEC disgorgement/interest.
11. McKinsey & Company Africa — FCPA Settlement (Eskom/Transnet)	December 2024 \| US (DOJ) & South Africa \| McKinsey (Africa affiliate) vs. US/SA Governments Scheme (2012–2016) in which a Gupta-linked consultant paid bribes to win state-enterprise consulting contracts. DPA: McKinsey Africa to pay US$122.85 million criminal penalty; ex-senior partner Vikas Sagar pleaded guilty. McKinsey had earlier repaid over R1 billion in fees to Eskom.