Director, Head of Civil & OHADA law
For over 12 years, Abdoul Mtoka is armed with a wealth of recognised experience in legal matters across Africa and Europe including in France, Belgium, DR Congo, Tanzania, Kenya, Burundi, Rwanda, Togo, Burkina Faso, etc.
- Advising a financial institution – in a global transaction of more than EUR 5 million – in connection with the acquisition of new shares in a commercial bank where it becomes a majority shareholder.
- Advising a major global manufacturer in connection with importation of goods (international trade, manufacturing, consumer and competition, tax matters, etc.).
- Advising an international tobacco manufacturing company in connection with customs/tax matters and tobacco regulations, health and environmental laws including an overview of the EAC Double Taxation Treaty.
- Advising an international company – based in the United Arab Emirates and operating in the energy sector – in the development of its activities and the incorporation of its subsidiary company.
- Preparing and reviewing an environmental impact assessment (EIA) for an international subsidiary telecoms company upon its renewal licence application in relation to a mobile network operation.
- Advising a construction company building a hotel near by the Lake Tanganyika as regard to the compliance with the environmental law’s requirements.
- Drafting and reviewing the Dealer Licence Agreement and contributing to define the commercial, legal, and judicial strategies for a major regional oil company.
- Advising a major global oil company on competition and consumer laws (including noncompetition clause, non-solicitation, abuse of dominant position) in Burundi and as regard to the regional and international laws.
- Advising a construction company in connection with shares purchase worth more than CHF 1 million, and in the appointment of new directors.
- Advising an international offshore company in the acquisition of a real estate property (pre-contractual negotiations; preliminary legal due diligence; negotiation and drafting of the real estate sales contract; advice on commercial, corporate, tax and real estate laws).
- Participating in the legal due diligence prior to the acquisition of a group of pharmaceutical companies on behalf of a French multinational pharmaceutical company and drafting the final report.
- Participating in the legal due diligence for a regional financial institution in connection with a USD 3 million commercial transaction.
- Participating in the restructuring of a telecommunications company and the incorporation of a Mobile Virtual Network Operator (MVNO) company.
- Co-authoring of the book titled “Insolvency Law” in relation to the legal training of the magistrates/judges of the Commercial Court of Bujumbura for the Ministry of Justice of Burundi.
- Advising on mergers and acquisitions of commercial companies and on merger notification in Burundi and before regional competition authorities.
- Advising a construction company in its restructuring and negotiations with a commercial bank.
- Advising a private company in the merger with another commercial company (share deal).
- Advising an Egyptian company operating in the energy sector on the drafting of a joint venture agreement with a local energy company.
- Liquidating several commercial companies in Burundi including Gateways Burundi SU, Kasim SPRL, Airline Representative Services SPRL, Becabu SA, etc.
- Contributing to the World Bank’s Doing Business Report since 2014 as regard to contract and insolvency laws.
- Teaching (since 2011) insolvency, commercial, land, tort, civil and contract laws as well as public international law in several universities.
- Representing and advising a regional commercial company in a commercial dispute worth more than USD 8 million.
- Representing and advising an international bank on debt collection matters regarding more than 80 debtor clients.
- Representing a petroleum company in a commercial dispute with its distributors.
- Representing and advising an employer in several labour disputes with its former employees’ worth more than USD 2 million.
- Successfully negotiating and settling out of court several labour disputes with former employees for commercial companies as well as for international organisations and States.
- Advising a major global telecommunications company on regulatory and telecommunications law issues in Burundi and DR Congo.
- Advising a major global telecommunications company on issues in relation to press, telecommunications and liability laws.
- Advising an international financial institution, on the program “Enabling the Business of Agriculture”, in connection with the telecommunication’s regulatory framework.
- Advising a major global telecommunications company in connection with online advertising and marketing.
- Advising an aerospace telecommunications company – on tax and corporate law matters – in connection with its restructuring and incorporation of a subsidiary company.
- Advising a global telecommunications company in the incorporation of a subsidiary and the development of its activities.
- Advising a leading international telecommunications operator on its licence transfer application and related costs.
- Advising an international company operating in the energy sector on tax, commercial, energy and corporate laws.
- Participating in the restructuring of two oil companies based in Burundi, including a subsidiary of an international oil company based in South Africa.
- Advising a company operating in the energy sector – for the development of its activities in 5 African countries (including Burundi and Tanzania) – by drafting a legal opinion in connection with the legal and regulatory framework of the energy sector.
- Advising a solar energy company based in Mauritius on the acquisition of shares and the development of its activities.
- Participating in the drafting of a PPP agreement and the PPA (power purchase agreement) for a Belgian company in Togo.
- Participating in the drafting of a PPP agreement and the PPA (power purchase agreement) for a Belgian company in Burkina Faso.
- Advising an intergovernmental organisation (the International Energy Charter Organisation) on energy in Burundi (cross-border investigation).
- Advising a private company in connection with a 100 MW solar power plant project to supply a multinational healthcare institution.
- Drafting and negotiating several agreements including an EPC contract in connection with the construction of mini grids for an energy company in cooperation with a Swiss company.
- Advising an international company in connection with the sale and exportation of gold and other minerals.
- Advising a Nigerian company in connection with mining licences and legal conditions to operate as a mining company.
- Participating in the drafting of a comparative study on a new Mining Act for an international NGO.
- Advising a member state of the United Nations Security Council on international public law as well as labour law and its regulations in Burundi.
- Advising an international not-for-profit in employment matters.
- Advising several commercial companies in their labour disputes including in negotiating and drafting settlement agreements.
- Advising an international professional services firm on general taxation matters, particularly on value added tax (VAT).
- Advising an international association in tax laws, and in negotiating with the Revenue Authority and successfully challenged the amount to be paid for more than 70% of the initial claim.
- Advising an international NGO in tax and tax procedural laws.
- Participating in the preparation, drafting and negotiation of a EUR 500 million loan agreement between a real estate company and an international bank based in the Middle East.
- Advising a French international bank in its development in Belgium (analysis of French and Belgian regulatory and fiscal constraints, authorisations and qualifications required, applicable law, competent courts, and mandatory consumer protection rules).
- Advising a payment institution on banking and financial regulations and on sectoral taxation in Burundi and Tanzania.
- Advising an international NGO in its registration in Burundi, and in connection with tax, labour and contract laws.
- Advising an international NGO on the lifting of sanctions and other related matters.
- Advising an international NGO in connection with an amicable settlement with a local partner, and on debt collection matters.
- Advising an international NGO on a real estate project (commercial complex) as a sustainable investment for financing its activities and programs.
- Participating in the drafting of a Policy Note on the costs of registering collaterals in Francophone Africa for a global financial institution.
- Participating in the legislative drafting of the Burundi Credit Bureau Bill for the IFC of the World Bank, under the supervision of the Central Bank of Burundi.
- Participating in drafting of 9 regulations (ministerial ordinances) in connection with trade and tourism activities in Burundi for the Ministry of Commerce and Tourism.
LL.M. in Energy, infrastructure, and project finance law Faculty of Law, Université Paris X Nanterre, France.
LL.M. in International Economic Law in Africa Faculty of Law, Université Paris II Panthéon Assas, France.
LL.M. in OHADA Business Law (Second Prize/Best Student), Faculties of Law, Université Paris II Panthéon Assas/Université Paris XIII.
LL.M. in International Business Law (with Honours) Faculty of Law, Université Libre de Bruxelles, Belgium.
LL.M. (Master of Laws) in Private Law (with Distinction) Best Student, Faculty of Law, Aix-Marseille Université, France.
LL.M. (Master of Laws) in Business Law Faculty of Law, Aix-Marseille Université, France.
LL.B. (Bachelor of Laws) Faculty of Law, Aix-Marseille Université, France
- Member of the East Africa Law Society
- Member of the International Bar Association
- Member of the International Council for Commercial Arbitration
- Member of the Burundi Bar Association
International Business Law
Corporate and Commercial
Telecommunications, Technology and Media
Energy and Mining
Banking, Insurrance, Finance and Fintech
Infrastructure, transportation and logistics
Litigation, Employment and Arbritation
Alternative Power & Energy, Burundi Chapter, Chambers & Partners Global Practice Guide.
Public procurement & Government contracts, Burundi Chapter, Chambers & Partners Global Practice Guide.
Banking and Finance, Burundi Chapter, Chambers & Partners Global Practice Guide.
An overview of Competition and Antitrust law in Africa, Burundi, Baker McKenzie Report.
“Abdoul Mtoka is a star. He is available and hands-on in all matters under his care. He is also very good in communicating and advising the business on commercial and legal risk in high-risk transactions.” , Legal500, 2022
Firm founding partner Abdoul Mtoka is renowned for his wide-ranging experience which includes advising on IP law, including patents, design and trademarks, as well as telecoms regulation. “He is one of the most responsive lawyers I have worked with.” , Chambers and Partners 2022
“Abdoul Mtoka is very responsive and always available to offer clarifications when called to.” , The Legal 500, 2021
“Founding partner Abdoul Mtoka is renowned for his wide-ranging experience which includes advising on IP law, including patents, design and trademarks, as well as telecoms regulation. One source enthused: “He is good in a crunch.” He provides advice in French and English.”, Chambers and Partners, 2021
“Founding partner Abdoul Mtoka is renowned for his wide-ranging experience which includes advising on IP law, including patents, design and trademarks, as well as telecoms regulation. A satisfied client notes that he is “responsive and knowledgeable.” He provides advice in French and English.”, Chambers and Partners, 2020
“Abdoul Mtoka of Africase Burundi wins recognition following strong praise from clients, who say he is “hard-working” and “proactive,” with one interviewee noting that “he advised us very well” and “helped us avoid many issues.” He has experience acting on commercial and employment matters for clients active in the infrastructure, telecoms and mining sectors.”, Chambers and Partners, 2019
English
French
Arabic
Swahili
Kirundi
Abdoul Mtoka is a Director and Head of Practice at Africase International.
The expertise of Mr. Abdoul Mtoka covers the following jurisdictions:
- Civil law jurisdictions: Algeria,Angola, Benin, Burkina Faso, Burundi, Cameroon, Canary Islando, Cape Verde, Central African Republic, Chad, Comoros, Congo, Democratic Republic of Congo, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Guinea, Guinea-Bissau, Ivory Coast, Libya, Madagascar, Madeira, Mali, Mauritania, Montenegro, Morocco, Mozambique, Niger, Rwanda, Senegal, Somalia, São Tomé and Príncipe, Togo, Tunisia, and Western Sahara.
- EAC countries: Burundi, Democratic Republic of Congo, Kenya, Rwanda, South Sudan, Tanzania, and Uganda.
- OHADA countries: Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Democratic Republic of Congo, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Ivory Coast, Mali, Niger, Senegal, and Togo.
Africase is an international economic law firm specialised in cross-border transactions, litigation and arbitration across Africa.
For decades, our international advocates developed an in-depth understanding of Africa and are working in the major capitals of Africa.
We aim at providing first-class and innovative legal solutions to our international clients including international corporations, NGOs, public
institutions and States, international organisations, as well as local clients for their transactions outside their countries of origin.