FRANCIS TUMWESIGE ATEENYI, MCIArb

PARTNER

  • Email: francis@meritaslawyers.com
  • Phone: +256 393 248 368

About Francis

Francis is a Partner with expertise in litigation and arbitration, investment advisory and dispute resolution, project financing, national content, social impact and environment and human rights spanning oil and gas, mining, infrastructure, power, agriculture and governance sectors.  

He has been part of teams advising on projects in Uganda, Tanzania, Mozambique and South Africa. His experience includes advising and acting for financial institutions, oil and gas companies, commercial enterprises, statutory bodies and corporations and civil society organizations. 

His litigation and arbitration work has involved mineral rights disputes, breach of commercial contracts, shareholder disputes and corporate fraud. 

In addition to his commercial work, Francis is a dedicated practitioner of Environment, Social Sustainability and Governance (ESG) and human rights been at the forefront of the development of public interest law expanding the frontiers of human rights and constitutional law through litigation and research.

His commitment to excellence and client satisfaction remains a hallmark of his practice.

He has previously worked with Kiiza, Tumwesige, Ssemambo Advocates, Cristal Advocates and undertook a traineeship with the Oil and Gas division of Webber Wentzel in Alliance with Linklaters in Johannesburg, South Africa.

Qualifications

  • Master of Laws in Petroleum Law and Policy with distinction – University of Dundee, UK
  • Post Graduate Diploma in Legal Practice – Law Development Center, Uganda
  • Bachelor of Laws degree – Makerere University, Uganda

Membership

PRACTICE AREAS

  • Litigation and Arbitration
  • Trade and Investment
  • Extractives and Energies
  • Environment, Social Impact and Business and Human Rights
  • List ItemHuman rights and Governance

Expertise

  • Successfully represented a minority shareholder in the Court of Appeal in a shareholder dispute in respect of Uganda’s biggest mining project valued at over USD600M. The dispute is before the Supreme Court where Francis has been retained as the lead counsel for one of the parties.
  • Retained by a minority shareholder in the High Court of Uganda in a ground breaking shareholder disputes involving the leading producer of refined sugar in East Africa.  
  • Successfully advised and represented a minority shareholder in a dispute involving a leading cosmetics manufacturer in an arbitration conducted under the Rules of the United Nations Commission on International Trade Law (UNCITRAL).
  • Engaged in advising a leading holding company with all legal and operational aspects of setting up and operating an industrial park just outside Kampala. 
  • Successfully represented in a client in an advocate-client bills of costs dispute before the High Court which clarified the law on filing an advocate-client bill of costs and the legality of remuneration agreements.
  • Representing a coalition of East African citizens before the East African Court of Justice in a reference asserting breach by the Ugandan government of the Treaty for the Establishment of the East African Community and the Common Market Protocol.  
  • Acted as Lead Counsel for a leading licensed financial institution in UGX. 22 billion transferred tax liability claim by the Uganda Revenue Authority (URA) before the Tax Appeals Tribunal. Successfully obtained three injunctive reliefs against URA and the matters were settled with no tax liability for the financial institution.
  • Represented Uganda’s state owned electricity distribution company in a UGX21 billion tax dispute with Umeme Limited and URA at the Tax Appeals Tribunal.
  • Advised an oil and gas upstream licensee on setting up upstream operations in Uganda including advising on provisions of Production Sharing Contracts (PSCs).
  • Routinely advises oil industry service providers on setting up business in Uganda, regulatory compliance, national content and joint venture structures.
  • Advised and trained energy and infrastructure companies, including one of the development license holders, and civil society organizations on Oil and Gas regulatory and fiscal regime and national content compliance.
  • Retained as the Legal Adviser to a firm contracted by the Ministry of Energy and Mineral Development (MEMD) to design the master plan for the oil and gas Industrial Park in Kabaale, Hoima.
  • Retained as legal advisor) on a project to conduct road safety audits and sensitization for the Busega Mpigi Express and the Suam-Kapchorwa Roads under the auspices of the Uganda National Roads Authority (UNRA).
  • Attached to the energy department of Webber Wentzel, where among others he participated in a due diligence review of the petroleum legal and contractual frameworks for Uganda, Kenya, Tanzania and South Sudan including laws, policies and model PSCs.
  • Retained by some of the market leaders including financial institutions, downstream oil companies, advertising, logistics and transport companies in complex commercial, tax, employment and civil litigation in Uganda’s superior courts, the Tax Appeals Tribunal, Arbitration Tribunals and Administrative tribunals.
  • Advised several national and international corporations and not for profit organisations on regulatory compliance with labour and employment laws.
  • Variously represented financial institutions in contempt of court proceedings, negligence claims, contested recoveries, claims based on bills of exchange and negotiable instruments, among others.
  • Extensively litigated on human rights and constitutional law issues which has clarified certain key aspects under the Constitution of Uganda 1995 including among other cases; Human Rights Awareness and Promotion Forum vs Attorney General, (HCMC No. 81 of 2020) which affirmed an accused person’s right to access legal counsel as part of the non-derogable right to a fair hearing, Francis Tumwesige vs Attorney General (Constitutional Petition No. 36 of 2018) which declared part of the rogue and vagabond laws unconstitutional, Innocent Ngobi Ndiko and Others vs Attorney General, (Constitutional Petition No. 23 of 2020) on the constitutionality of a no fault divorce, Duke Mabeya Gwaka vs. Attorney General, (Constitutional Petition No. 36 of 2018) on the unequal application of the sentencing standard in article 23(8) of the Constitution to different convicts, Frank Mugisha and Others vs. Uganda Registration Services Bureau, (Court of Appeal Civil Appeal No. 223 of 2018) on the application of the right to associate and form an organisation to people who identify as sexual minorities, Adrian Jjuuko vs Attorney General, (Constitutional Petition No. 1 of 2009) on the constitutionality of section 15(6)d) of the Equal Opportunities Commission Act 2007, among others.
  • Litigated extensively the High Court, Court of Appeal, Constitutional Court, Supreme Court and the East African Court of Justice.