Standard Non Compete Agreement for Nigeria

Standard Non Compete Agreement Template for Nigeria

A comprehensive legal agreement governed by Nigerian law that restricts an individual from competing with their employer or business partner during and after their engagement. The document outlines specific prohibited activities, geographical limitations, and time periods for these restrictions, while ensuring compliance with Nigerian constitutional rights and employment laws. It includes provisions for protecting confidential information, preventing customer and employee solicitation, and specifying remedies for breach. The agreement must balance the legitimate business interests of the restricting party with the constitutional right to work under Nigerian law.

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What is a Standard Non Compete Agreement?

The Standard Non-Compete Agreement is a crucial legal document used in Nigerian business relationships to protect legitimate business interests from competition. It is commonly implemented when hiring key employees, engaging contractors, or completing business transactions where one party gains access to sensitive information or valuable business relationships. The agreement must comply with Nigerian constitutional principles, the Federal Competition and Consumer Protection Act, and relevant employment laws. It typically includes specific restrictions on competitive activities, geographical limitations, time periods, and provisions for protecting confidential information. The document must be carefully drafted to ensure enforceability under Nigerian law, which requires restrictions to be reasonable and not overly broad. This type of agreement is particularly important in industries with high employee mobility or where protection of trade secrets and customer relationships is vital.

What sections should be included in a Standard Non Compete Agreement?

1. Parties: Identification of the parties entering into the agreement, including full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and legitimate business interests being protected

3. Definitions: Key terms used throughout the agreement, including 'Confidential Information', 'Competitive Business', 'Territory', etc.

4. Scope of Non-Compete: Detailed description of prohibited competitive activities and business areas

5. Duration: Time period for which the non-compete obligations will remain in effect

6. Geographic Limitation: Specific geographical areas where the non-compete restrictions apply

7. Consideration: The compensation or benefit provided in exchange for the non-compete obligations

8. Non-Solicitation Obligations: Restrictions on soliciting employees, customers, or suppliers

9. Confidentiality Obligations: Requirements regarding the protection of confidential information

10. Acknowledgments: Party's acknowledgment of reasonableness of restrictions and receipt of consideration

11. Remedies: Available remedies in case of breach, including injunctive relief and damages

12. General Provisions: Standard clauses including governing law, severability, and modification

What sections are optional to include in a Standard Non Compete Agreement?

1. Garden Leave: Provisions for paid leave during notice period - used in senior executive agreements

2. Post-Acquisition Obligations: Special provisions when agreement is part of a business sale or acquisition

3. Independent Contractor Terms: Additional terms specific to independent contractor relationships

4. Training and Investment Protection: Specific provisions protecting employer investment in employee training

5. Industry-Specific Restrictions: Additional restrictions specific to particular industries or professions

6. International Operations: Additional provisions for companies operating across multiple jurisdictions

What schedules should be included in a Standard Non Compete Agreement?

1. Schedule A - Restricted Territory: Detailed list of geographical areas covered by the non-compete restrictions

2. Schedule B - Competitive Business Activities: Detailed description of specific prohibited business activities

3. Schedule C - Consideration Details: Breakdown of compensation or benefits provided as consideration

4. Schedule D - Confidential Information: Detailed list of types of confidential information covered

5. Appendix 1 - Notice Requirements: Specific procedures and requirements for giving notices under the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Nigeria

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Relevant Industries

Technology

Financial Services

Healthcare

Professional Services

Manufacturing

Retail

Oil and Gas

Telecommunications

Pharmaceutical

Information Technology

Management Consulting

Engineering

Education

Research and Development

Relevant Teams

Human Resources

Legal

Executive Leadership

Sales

Research and Development

Information Technology

Business Development

Operations

Finance

Marketing

Product Development

Relevant Roles

Chief Executive Officer

Managing Director

Sales Director

Technical Lead

Senior Developer

Research Scientist

Business Development Manager

Account Manager

Senior Consultant

Product Manager

Department Head

Regional Manager

Chief Technology Officer

Sales Representative

Marketing Director

Financial Controller

Operations Manager

Project Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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