CONTRACTS AND TREATIES DIVISION

OBJECTIVE

To provide comprehensive legal advice through drafting and vetting of contracts in order to safeguard government interests and avert legal risks.This Division is led by a Director.

FUNCTIONS

• To provide legal advice on agreements, contracts, treaties and international agreements to which the Government is a party or has interest, ensuring compliance with both national and international laws;
• To review and vet procurement, investment, natural resource, public private partnership (PPP) and finance contracts presented by Ministries, Departments, Agencies (MDAs), and Local Government Authorities (LGAs) to ensure alignment with legal and policy frameworks and safe guard Government interest;
• To review and vet agreements, contracts, treaties and international agreements involving the Government, advising on their legal implications and ensuring consistency with national interests and applicable laws;
• To review and vet MoUs and to ensure clarity and Government interests;
• To provide legal advice on amendments, renewals, extensions, and termination of contracts and treaties, safeguarding Government interests and ensuring compliance with applicable laws and policies;
• To assess potential legal risks associated with different contractual frameworks and treaties and provide legal opinions on terms to ensure compliance with both national and international laws;
• To advise the Government on the legal, political, and economic implications on contracts and international agreements and ensure alignment with national interests;
• To prepare legal opinions on conditions precedent for the effectiveness of loan agreements from multilateral financial institutions and ensuring adherence to legal and policy requirements;
• To advise on ratification of any international agreements, treaties and instruments;
• To provide legal advice on amendments, renewals, extensions, and termination of contracts and treaties, safeguarding Government interests and ensuring compliance with applicable laws and policies;
• To advise on the proper interpretation of the contractual terms;
• To review and advise the Government on diversity in procurement arena;
• To represent the Government in international conferences and meetings related to contracts and treaties, ensuring the country's interests are effectively represented and protected in specific undertakings;
• To conduct consultative discussions with State Attorneys and other Government experts on best practices, legal frameworks, and obligations under both domestic and international laws;
• To maintain database of vetted contracts and treaties entered into by the Government;
• Participate and provide legal advice in negotiation of all contracts and treaties to which the Government is a party or has interest; and
• Participate on negotiation on all procurement agreements and contracts.

This Division is be led by a Director and comprises three (3) Sections as follows:

I. Procurement Contracts Section.

II. Investment, Natural Resources and Financing Contracts Section.

III. Treaties and International Agreements Section.

I. Procurement Contracts Section.

This Section is led by an Assistant Director.

The Section will perform the following activities:-

• Review and vet procurement contracts presented by by Ministries;
• Review and vet engineering, procurement and construction contracts (EPC) presented by Ministries, Departments, Agencies (MDAs), and Local Government Areas (LGAs);
• Advise on the legal implications of EPC contracts, procurement contract terms and conditions, to ensure alignment with national laws, policies, and government interests;
• Assess and mitigate any legal risks associated with procurement processes;
• Provide legal advice on termination of procurement contracts;
• Engage relevant Government agencies depending on specific business case during contract preparations or vetting, to ensure legal perspectives are integrated into procurement contracts;
• Provide legal advice on amendments, renewals, or extensions of EPC and procurement contracts to ensure that any changes align with legal requirements and government interests;
• Conduct consultative discussions with MDAs, LGAs, and procurement officers on procurement laws, policies, and best practices to enhance the understanding of legal aspects in procurement;
• Provide legal advice on procurement strategies and frameworks, including public-private partnerships (PPPs) and other alternative procurement methods to ensure alignment with legal and policy requirements;
• Advise on the appropriate dispute resolution mechanisms for procurement contracts, including arbitration, litigation, or mediation, and ensure such mechanisms are included in the contract terms;
• Provide inputs and legal support to public procurement reviews and audits;
• Keep records of all vetted procurement Contracts; and
• Advice Government on any matter pertaining to procurement contracts such as procurement procedures and addenda.

II. Investment, Natural Resources and Financing Contracts Section

This Section is led by an Assistant Director.

The Section performs the following activities:-

• Review and vet investment, natural resource, and financing contracts presented by Ministries, Departments, Agencies (MDAs), and Local Government Areas (LGAs), ensuring compliance with national laws and international standards, including environmental regulations and sustainable development goals;
• Assess the risks and long-term implications of investment agreements and financing contracts, ensuring they are legally sound and aligned with the government's interests;
• Advise on the legal, economic, and political implications of investment and financing agreements, providing guidance on how they align with national interests and compliance with relevant laws;
• Advise MDAs and LGAs on investment, natural resource, and financing contracts that require ratification by the National Assembly, ensuring compliance with constitutional, national interests and legal requirements.
• Ensure all investment, natural resource, and financing contracts comply with applicable international treaties and agreements, such as environmental protection standards, human rights laws, and sustainable development goals.
• Advise on the legal framework and structuring of Public-Private Partnerships (PPPs) involving investment, natural resources, and financing contracts, ensuring they are in line with national laws and policy objectives.
• Evaluate the potential impact of foreign investment agreements on the country's sovereignty and regulatory autonomy, providing legal advice on how to safeguard national interests;
• Provide legal advice on amendments, renewals, extensions, or termination of investment, natural resource, and financing contracts, ensuring that any changes are legally sound and in alignment with the government's interests; and
• Maintain and update a comprehensive database on matters relating to investment, natural resources, financing contracts.

II. Treaties and International Agreement Section

This Section is led by an Assistant Director.

The Section performs the following activities:-

• Review and provide legal advice to the Government on international agreements, including regional, bilateral, and multilateral treaties, to which the Government is a party or has an interest;
• Identify and advise on the legal implications of treaties and international agreements, ensuring compliance with national laws and policies;
• Conduct research on international treaties and provide legal advice to Ministries, Departments, Agencies (MDAs), Local Government Areas (LGAs), and the general public on treaty-related matters;
• Advise Ministries, Departments, and independent agencies on the implementation and enforcement of treaties and international agreements, ensuring alignment with the Government's obligations and interests;
• Advise MDAs and LGAs on treaties and international agreements that require ratification by the National Assembly, ensuring compliance with constitutional and legal requirements;
• Maintain and update a comprehensive database of international agreements, including regional, bilateral, and multilateral treaties, ensuring the information is accurate and accessible;
• Represent the Office of the Attorney General in regional and international forums, advocating for the Government's position and interests in treaty negotiations and discussions;
• Provide legal advice on the renegotiation, amendment, or termination of existing treaties and international agreements, ensuring the Government's legal interests are safeguarded;
• Advise on the legal aspects of dispute resolution in relation to treaties and international agreements, including identifying appropriate mechanisms such as arbitration or adjudication; and
• Engagement with other government agencies and stakeholders, and the provision of advice on the relevance of adhering to treaty obligations that are required to be incorporated into domestic law and practice, shall be undertaken.