The office of the state attorney of Somalia

The office of the state attorney of Somalia

The office of State Attorney was re-established under the law no. 18 of 1976.  The major role and function of the State Attorney in Somalia is to act as the principal legal advisor for the national government. The State Attorney of Somalia is also responsible for representing the national government in court or any other legal proceedings to which the national government is a party, with the exception of criminal proceedings. The State Attorney shall be nominated by the President and, with the recommendation of the Council of Ministers of Somalia.

THE FUNCTIONS OF THE STATE ATTORNEY WERE LISTED UNDER ARTICLE 3 OF THE STATE ATTORNEY LAW NO. 18 OF 1976

  1. To provide legal advice any drafted law issued by the Government and other institution of the Government
  2. To safeguard and protect the rights and public interest of the government and members of the government specially; –
  3. The handling of civil litigation cases instituted against State officials and committed by means of acts or omissions while executing their official duties. The office shall also represent the government both national and international courts of law
  4. Drafting and coordinating the agreements and contracts to which the Somali government and its members are parties to it
  5. Agreements that could come from court proceedings after consulting the relevant government concerned.
  6. Arbitrate any legal disputes arising between government officials, with the office’s decision regarded as final.
  7. Drafting or advising on the proposed laws and regulations before submitted to the Justice and Law Commission
  8. Keeping the original copies of laws and organizing and publishing official government gazettes, the same were seen under article 84 of the Constitution of Somalia, which provides that the State Attorney shall be responsible for keeping records of laws passed by the Federal Parliaments and shall be published in the official gazettes
  9. To uphold both National and International law, particularly those treaties to which the Somali government has ratified or a contracting party
  10. Any other duties that may be assigned by the President of Somalia

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