Client             : ECOWAS Commission

Type           : Expression of Interest (EOI)

TITLE              :  Engagement of a Law Firm in Nigeria to represent ECOWAS Commission in the Civil Litigation between JDP Construction Ltd and the ECOWAS Commission in the matter of the Construction of Joint Border Post at Seme Kraké between Nigeria and Benin Republic

The Economic Community of West African States (ECOWAS) represented by the ECOWAS Commission intends to recruit a Law Firm in Nigeria to represent the Commission in the Civil litigation with JDP Construction Limited in the matter of the Construction of Joint Border Construction at Seme Kraké between Nigeria and Benin Republic.

2. The Global objective of the Law Firm is to hold the brief of the ECOWAS Commission in respect of Civil Litigation relating to or arising out of the termination of the contract with JDP Construction limited. To that effect the Law Firm will develop a strategy for the successful defence of the ECOWAS Commission in respect of the Arbitral Award enforcement proceedings and the suit in respect of the call on the Performance Bond.

3. The services of the Consultant firm are structured into several types of activities at various levels, including:

• Strategy document for successful management of the litigations.
• Writ/counter claim/defence submission, evidence gathering, pre-trial preparation of witnesses, trial, gathering of jurisprudence and all legal materials required to execute the objective(s) of the contract, submission of detailed progress reports and final report to the ECOWAS Commission.

• Expert Advisory Opinion on Nigerian Law required to support the experts engaged on behalf of ECOWAS to hold its brief in the arbitration proceedings.

4.   The ECOWAS Commission now invites eligible Law Firms to indicate their interests in providing these services. Interested consultants (firms) must provide information indicating that they have the required qualifications and relevant experience to perform the services.

5. The Firm must:

• Comprise of counsel with an LLB from a reputable Nigerian University, who must also have been called to the Nigerian Bar. An LLM in commercial law is an advantage.

• Comprise counsel who has been in active litigation practise for a period of at least 15 years of which 10 years should be before the Superior Courts of Record within the Federal Republic of Nigeria including the Federal High Court and the Appellate Courts.
• Have proven successful track record in respect of litigation relating to Construction contracts and financial instruments valued in millions of naira.
• Have proven successful track record in handling proceedings for the Enforcement of Judgements/Arbitral Awards in Nigeria particularly Foreign Judgements/Arbitral Awards.
• Have a physical office in the FCT, Abuja.
• The language of the brief is English, both spoken and written.

6. The selection will be done on the basis of the Consultant Qualifications selection method and the selected Law Firm will be invited to produce Technical and Financial Proposals which will serve as the basis for negotiation for the conclusion of the Contract Agreement.

7. Interested consultants (firms) may wish to apply as a consortium to enhance their profile and chance of being qualified.

8. The consultant (firm) that are part of an international network are to submit one Expression of Interest.

9. 9. Interested consultants may obtain further information at the address below during office hours: Monday to Friday from 9: 00 a.m. (GMT+1) to 5 .00 p.m. (GMT+1):ECOWAS Commission, Directorate of General Administration, Procurement Division, 101,Yakubu Gowon Crescent Asokoro District, P. M. B. 401 Abuja Nigeria, Email: procurement@ecowas.int, sbangoura@ecowas.int

NB: The attention of interested Consultants is drawn to Article 87 of the ECOWAS Tender Code (“Infringements by Candidates, Bidders and Awardees”), setting forth corrupt or fraudulent practices in competing for or executing a contract. In addition, please refer to the following specific information on conflict of interest related to this assignment as per Article 17. (h) of the ECOWAS Tender Code.

10. Expression of Interest (1 original and 3 copies) must be delivered in sealed envelopes and clearly marked:“Engagement of a Law Firm in Nigeria to represent ECOWAS Commission in the Civil Litigation between JDP Construction Ltd and the ECOWAS Commission in the matter of the Construction of Joint Border Construction at Seme Kraké between Nigeria and Benin Republic” , do not open except in presence of the Procurement Committee” to the address below by Thursday, February 16, 2017 at 11.00 a.m (GMT+1):

ECOWAS Tender Box , Office of the Commissioner, General Administration & Conference, 5th Floor ECOWAS Commission, 101 Yakubu Gowon Crescent, Asokoro District, P. M. B. 401 Abuja Nigeria.

11. Please note that electronic submissions are not accepted and will not be evaluated.
12. This request for EOI can also be viewed on this website: http://old22.ecowas.int/doing-business-in-ecowas/ecowas-procurement

Commissioner, General Administration & Conference