Established in 1964, the African Development Bank (AfDB) is the premier pan-African development institution, promoting economic growth and social progress across the continent. It has 81 member states, including 54 in Africa (Regional Member Countries (RMCs)). The Bank’s development agenda is to deliver the financial and technical support for transformative projects that will significantly reduce poverty through inclusive and sustainable economic growth in Africa. In order to sharply focus the objectives of the Ten-Year Strategy (2023 – 2032) and ensure greater developmental impact, five major areas, all of which will accelerate our delivery for Africa, have been identified, namely: energy, agro-business, industrialization, integration and improving the quality of life for the people of Africa. The Bank seeks to build a management team that will lead the successful implementation of this vision.
THE COMPLEX:
Under the direction of the Board of Directors, the President conducts the business of the Bank and manages operations and activities of the Bank in accordance with the Bank’s constitutive documents. The President plans, supervises and manages the business of the Bank Group. In particular, the President supervises several Departments and Units including Office of the President; Secretariat to the Sanctions Appeals Board; Administrative Tribunal; Office of the Auditor General; Group Risk Management Directorate; General Counsel and Legal Services Department; Communication and External Relations Department; Staff Integrity and Ethics Office and Office of the Secretary General & General Secretariat.
DEPARTMENT/DIVISION:
The role of the General Counsel and Legal Services Department (PGCL) is to deliver legal advice and services to the statutory organs of the Bank Group (the “Bank”): Boards of Governors, Boards of Directors, their subsidiary committees, to the President and the committees of Senior Management, to Regional Directorate Hubs, and more generally to the whole Bank.
The General Counsel and Legal Services Department’s role is also to protect the interest of the Bank from legal liability and, as necessary, to ensure that the Bank Group is properly and efficiently represented in cases filed against or brought by the Bank.
The principal objective of the Public Sector Operations, Policy and Governance Division is to provide legal support, advice, and services in connection with public sector transactions of the Bank, the African Development Fund, and other special vehicles such as trust funds, special funds, facilities and other special resources. In addition, the Division provides legal assistance on operational policies, and governance, environmental and procurement related matters as well as all aspects of the business of the Bank Group requiring legal analysis and legal input.
THE POSITION:
The Chief Legal Counsel – Public Sector Operations, Policy and Governance Division is a skilled team leader in the Division. The Chief Legal Counsel is responsible for ensuring compliance of public sector operations with applicable Bank’s rules and policies as well as providing sound analysis on legal issues and operational policies. He/she also supervises, mentors and coaches other legal counsels in the Division, as required.
KEY FUNCTIONS:
Under the supervision and guidance of the Division Manager, the Chief Legal Counsel Public Sector Operations, Policy and Governance Division will:
- Ensure compliance of projects and other operational activity with applicable Bank’s rules and policies.
- Draft and negotiate financing agreements including loan agreements, grant agreements, guarantee agreements, counter-indemnity agreements and co-financing agreements with other lenders.
- Prepare and issue legal opinions on agreements, contracts and other formal arrangements for operational activities of the Bank Group and Special Funds with members and non-member countries, international organizations and governmental and non-governmental entities.
- Provide legal assistance throughout the identification, preparation, appraisal, supervision and post evaluation stages of public sector operations.
- Provide specific legal assistance with respect to complex and innovative transactions.
- Assist in the design of projects and programs from inception to completion in compliance with the Bank’s policies, rules, and guidelines as well as minimize risks that may impede the achievement of desirable outcomes.
- Participate in meetings and provide legal support to project teams including the structure of projects, type of financing instruments, terms of financing, implementation arrangements and compliance with the relevant Bank Group applicable policies, rules and regulations.
- Provide timely and effective legal support, advice and services in connection with public sector transactions and project implementation for loans, grants and other formal arrangements for the operational activities of the Bank Group in line with the applicable Bank policies, rules and regulations.
- Review legal and operational documents submitted with respect to the fulfilment of conditions precedent to effectiveness of loan and grant agreements and conditions precedent to disbursement of loans and grants and provide the relating legal opinions.
- Draft and/or review operational policies, directives and guidelines of the Bank Group and Special Funds.
- Provide legal assistance in operations-related implementation activities of bilateral and multilateral cooperation arrangements related to public sector operations.
- Draft Board resolutions pertaining to public sector projects and programs.
- Supervises, mentors and coaches other legal counsels in the Division, as required.
- Attend meetings of the Boards of Directors and their Committees, as well as Senior Management Committees to represent the General Counsel or the Division Manager, as directed;
- Act as Officer-in-Charge of the Division in the absence from office of the Division Manager; and
- Undertake such other assignments as required by the Division Manager or the General Counsel.
COMPETENCIES (Qualifications, skills, experience and knowledge):
- Hold a Master’s degree in Law or a Juris Doctor (JD), and admission to the Bar of one of the African Development Bank member countries;
- Have a minimum of seven (7) years of relevant experience in similar jobs in a law firm, a financial institution or a multilateral organisation.
- High level skills in communication as well as the ability to build partnerships with a broad range of clients and deliver results that serve to meet the Legal Services Department’s work program.
- Seasoned knowledge in the current trends of development and familiarity with development and international finance.
- Having private sector experience will be an added advantage, in particular in the structuring and negotiations of guarantees and complex and innovative financing transactions.
- Strong skills in preparation of complex legal documents including briefs and legal opinions and leading the negotiation of complex projects.
- Effective advisory skills that facilitate clients’ objectives and help resolve their legal questions.
- Ability to deal with sensitive issues in a multi-cultural environment and to build effective working relations with colleagues.
- Ability to lead independently and supervise a multicultural team.
- Solid experience in applying legal knowledge to deliver full scope of strategic legal services.
- Ability to communicate effectively (written and oral) in English or French, with a good working knowledge of the other.
- Ability to work under pressure and cope with several simultaneous demands.
- Competence in the use of standard Microsoft Office Suite applications. Knowledge of SAP is an asset.
THIS POSITION IS CLASSIFIED INTERNATIONAL STATUS AND ATTRACTS INTERNATIONAL TERMS AND CONDITIONS OF EMPLOYMENT.