The Commercial Law Directorate’s core responsibility is to represent Lagos State Government in commercial and contractual matters.
Goals and Objectives
The goals of the Directorate include:
- To be a Government Law Office with sufficient capacity in the delivery of services in areas of advice, legal opinion and drafting, without the input and collaboration of Private Law Firms.
- To provide cutting-edge Commercial Law services through the provision of international best practices.
Key Roles and Responsibilities
The key roles and responsibilities of the Directorate include but are not limited to the following:
- Preparation and structuring of a diverse range of contractual and commercial agreements relating to:
- Joint Ventures
- Development leases
- Power Purchase
- Public-Private Partnerships (PPPs)
- Giving appropriate legal advice and opinions in respect of contractual and commercial transactions and consulting with Client Ministries, Departments and Agencies (MDAs) on issues relating to contracts and PPPs.
- Represent the Lagos State Government at negotiations, project meetings and inter-ministerial meetings in respect of contractual transactions, issue advice and opinions and help to structure legal agreements in this regard.
- Negotiating the best favourable and suitable positions for the Lagos State Government when entering into new commercial and contractual agreements.
- Vet Bonds and Guarantees to ensure sufficiency to cover the risk exposure of the MDAs.
- Dispute Resolution: Representing the Lagos State Government in the litigation of any commercial and contractual disputes that may arise and exploring other means of dispute resolution such as Arbitration, Mediation and Negotiation.
Registries under the Directorate:
There are two Registries under the Commercial Law Directorate which are:
- Registry of Limited Partnerships (LP): The Registry is set up to register Limited Partnership businesses within Lagos State in accordance with the provisions of Part 3, Cap 139, Vol. 6 Partnership Law, Laws of Lagos State 1994. Limited Partnerships must be registered at the Limited Partnership Registry before they commence business.
- Bills of Sale Registry: This Registry is set up to register Bills of sale (Absolute and Conditional) in line with the provisions of Bills of Sale Law Cap B2 Vol. I Laws of Lagos State of Nigeria 2003. One of the benefits of a duly registered Bill of sale is the protection of Creditors who advance money to Borrowers on the strengthof their apparent ownership of goods, against subsequent third party interest.
Achievements of the Department
In Year 2015, the Directorate achieved the following:
- Drafted agreements on diverse projects such as Construction and Rehabilitation projects, State Government Computerization projects and Independent Power projects. Drafted other sophisticated agreements such as Public Private Partnership Agreements and Concession Agreements.
- Terminated contracts as a result of contractual breaches and non performance.
- Obtained judgments incases relating to contractual breaches and non performance thereby recovering unexpended sums paid to Contractors.
- Generated more revenue to the Ministry from Agreement fees, registration of Bills of Sale and Limited Partnerships.
- Increasedthe public awareness of the registration of Bills of Sale and Limited Partnerships.
- Developing adatabase for information relating to the Directorate.
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