The Legal Unit is a service unit headed by Legal Adviser/Director Legal Services posted from the Chambers of the Honourable Attorney-General of the Federation and Minister of Justice.

FUNCTIONS OF THE LEGAL UNIT

The Unit is to ensure that the Ministry acts in consonance with the Rule of Law and Due Process in its policy management.  It renders general legal services to the Ministry, the Honourable Minister, Permanent Secretary, Departments and in certain instances to the Agencies under the supervision of the Federal Ministry of Arts, Culture and the Creative Economy and Federal Ministry of Tourism.

The functions of the Legal Unit include but are not limited to the following:

PROFFERING LEGAL ADVICE/OPINION

• One of the cardinal functions of the Legal Unit is to proffer legal advice/opinion to the Ministry and when necessary or called upon to do so, to the Agencies under the supervision of the Ministry; to ensure that legally the Ministry is operating in accordance with laid down rules and regulations.

DRAFTING AND VETTING OF CONTRACT AGREEMENTS AND OTHER LEGAL DOCUMENTS

• The Unit drafts and witnesses to contract agreements and Memorandum of Understanding entered into by the Ministry for works and supply of goods and services, in line with the Public Procurement Act 2007 and Regulations made thereto.  It also vets contract Agreements for capital projects of the Ministry and its Agencies considered by the Ministerial Tenders Board.  It drafts and witness to other legal instruments referred by the Honourable Minister or the Permanent Secretary.

REPRESENTING THE MINISTRY IN COURT

• The Unit represents the Ministry in court for the defense of civil matters involving the Ministry, and where necessary will prosecute offenders of the Ministry’s laws and regulations.  This is to protect the interest of the both Ministry’s in particular and of Government in general and to discourage frivolous litigation against the Ministry and forestall unnecessary judgments being awarded against the Ministry in default of appearance.  Government loses millions of Naira yearly due to undefended lawsuits against it in court.
• Cases in court involving the Ministry are roughly in four categories:
• Cases bordering on breach of contract/contract performance;
• Cases bordering on the application and enforcement of hate speech.
• Employment/labour cases instituted against the Ministry at the National Industrial Court;
• Cases brought pursuant to the Freedom of Information Act, and occasionally cases concerning Enforcement of Fundamental Human Rights for example to enforce conservation and preservation of cultural resources

STATUTORY MEETINGS/STAKEHOLDERS WORKSHOPS

• The Legal Unit participates in statutory meetings such as the Public Procurement Committee/Tenders Board meetings; Inter-Ministerial, Management, Departmental Committee or sub-committee meetings convened within and outside the Ministry and as directed by the Honourable Minister or the Permanent Secretary.

ARBITRATION/MEDIATION

• The Unit represents the Ministry in Arbitration/ Mediation/Conciliation sessions.

BILLS AND GAZETTES

• The Unit Processes Bills (draft laws) and Gazettes concerning the Ministry to the Federal Ministry of Justice.

MEMORANDA TO FEDERAL EXECUTIVE COUNCIL

• Drafting/Vetting Memoranda to the federal Executive Council for the enactment of draft Bills into Law.

NEGOTIATING AN INTERNATIONAL BILATERAL CULTURAL AGREEMENTS/CONVENTIONS

• It is a cardinal function of the Unit to form part of the team to negotiate international bi-lateral/multilateral Cultural Agreements, i.e. Treaties/Conventions involving the Ministry.  This puts the Lawyers in a better position to properly advise on the implementation including ratification or domestication (where necessary) and to properly defend the Ministry in case of litigations arising from those International Agreements, which have been domesticated.

INSTRUMENTS OF RATIFICATION

• The Unit Processes Instruments of Ratification to the Federal Ministry of Justice following the Federal Executive Council’s approval.

DEPOSITORY FOR ALL CULTURAL TREATIES/CONVENTIONS AND LAWS

• The Unit should be an internal Depository providing a safe deposit for easy retrieval and safekeeping.

PERSONAL SERVICE OF COURT PROCESSES ON LITIGANTS

• For expediency, the Unit undertakes personal service of court processes on litigants.

LIAISON WITH THE FEDERAL MINISTRY OF JUSTICE

• Maintaining regular liaison and consultation with the Federal Ministry of Justice, National Assembly, and Law Enforcement Agencies on legal issues concerning the Ministry;

OTHER DUTIES

• Putting appearances for invited officials of the Ministry at ICPC, EFCC, SSS, Code of Conduct Bureau, and sometimes at the Police Station. Likewise any other duties from time to time assigned by the Honourable Minister or the Permanent Secretary.