LEGAL METHOD

UNIT 3

  • LEGISLATIVE PROPOSALS
  • QUALITIES OF A GOOD LEGISLATIVE DRAFTER
  • THE FORMAL PARTS OF A BILL
  • STRUCTURE OF THE NIGERIA COURT SYSTEM
  • THE CONSTITUTION

LEGISLATIVE PROPOSALS

Legislative proposals are formal suggestions or ideas brought forward for consideration by a legislative body, such as the National Assembly in Nigeria. These proposals can be introduced by government officials, legislators, or through citizen initiatives. See sections 58 and 59 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which outline the legislative process for bills in Nigeria and the case of Attorney-General of Abia State & Ors v. Attorney-General of the Federation & Ors (2002) 6 NWLR (Pt. 763) 264 which dealt with the legislative powers of the National Assembly and the President’s assent. They undergo a detailed process before becoming law which includes the following;

  1. Initiation: this is where proposals can be initiated by members of the National Assembly or by the executive branch.
  2. Drafting: this is where the proposal is drafted into a bill, often with the assistance of legislative drafters.
  3. First reading: this is where the bill is introduced to the legislative chamber (House of Representatives or Senate) and read for the first time. There is no debate at this stage.
  4. Second reading: this is where the general principles of the bill are debated. If the bill passes the second reading, it moves to the committee stage.
  5. Committee stage: this is where the bill is examined in detail by a committee, which may hold hearings and gather evidence. Amendments can be made.
  6. Third reading: this is where the final version of the bill is debated. Further amendments can be proposed, but the focus is on the final content.
  7. Passage in one house: this happens if the bill passes the third reading, it moves to the other house of the National Assembly where the process is repeated.
  8. Concurrence: this happens if the second house passes the bill, it is sent to the President for assent.
  9. Presidential assent: this is where the President may sign the bill into law or veto it. If vetoed, the National Assembly can override the veto with a two-thirds majority in both houses.

QUALITIES OF A GOOD LEGISLATIVE DRAFTER

  1. Clarity and precision: this is where drafters must write in clear, concise language to avoid ambiguity.
  2. Legal expertise: they must have thorough understanding of legal principles and the existing legal framework.
  3. Analytical skills: this is the ability to analyze complex issues and foresee potential legal implications.
  4. Attention to detail: this is the meticulous attention to detail to ensure accuracy in legal terms and references.
  5. Communication skills: they must possess effective communication to explain the content and implications of legislation to non-lawyers.
  6. Adaptability: this is the ability to adapt to changing legislative requirements and feedback.
  7. Integrity and impartiality: this is the maintaining of objectivity and impartiality in drafting legislation.

THE FORMAL PARTS OF A BILL

  1. Title: The title indicates the purpose and scope of the bill.
  2. Preamble: this is an introductory statement that outlines the reasons for the legislation.
  3. Enacting clause: this is a formal statement declaring the authority under which the bill is enacted (e.g., “Be it enacted by the National Assembly of the Federal Republic of Nigeria...”).
  4. Definitions: this is the sections that define key terms used in the bill.
  5. Substantive provisions: this is the main body of the bill, detailing the specific laws or amendments being proposed.
  6. Commencement clause: this specifies when the bill will come into effect once passed.
  7. Short title: this is a brief title for easy reference.
  8. Schedules: this is the additional details or supplementary information that supports the bill.

STRUCTURE OF THE NIGERIA COURT SYSTEM

See section 230-296 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which establish and outline the jurisdiction of the various courts in Nigeria and the case of Attorney-General of Lagos State v. Attorney-General of the Federation (2003) 12 NWLR (Pt. 833) 1 which clarifies the jurisdiction of federal and state courts. The structure includes the following;

  1. Supreme court: this is the highest court in Nigeria with original and appellate jurisdiction.
  2. Court of appeal: this court handles appeals from the High Courts and other lower courts.
  3. Federal high court: this court deals with cases related to federal law, including revenue, taxation, and trade disputes.
  4. State high courts: this court handles civil and criminal cases under state law.
  5. National industrial court: this court specializes in labor and industrial relations matters.
  6. Sharia courts of appeal: this court are found in states with Sharia law, handling Islamic personal law cases.
  7. Customary courts of appeal: this court handle appeals from customary courts, dealing with customary law.
  8. Magistrate courts: this court handle less serious criminal and civil matters.
  9. Customary and area courts: this court deal with issues of customary law and local disputes.

THE CONSTITUTION

The Constitution of the Federal Republic of Nigeria 1999 (as amended) is the supreme law of the land. It provides the legal framework for the governance of Nigeria, outlining the powers and functions of the executive, legislative, and judicial branches, as well as the rights and duties of citizens. See section 1(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which establishes the supremacy of the Constitution, the Chapter IV which details the Fundamental Rights guaranteed to every Nigerian and the case of Governor of Lagos State v. Ojukwu (1986) 1 NWLR (Pt. 18) 621 which emphasized the supremacy of the Constitution and the protection of individual rights against unlawful actions by the government. The structure of the constitution includes the following;

  1. Preamble: this is an introductory statement expressing the aims and purposes of the Constitution.
  2. Chapters: The Constitution is divided into chapters, each dealing with different aspects of governance and law. Key chapters include the following:
    1. Chapter I: General Provisions
    2. Chapter II: Fundamental Objectives and Directive Principles of State Policy
    3. Chapter III: Citizenship
    4. Chapter IV: Fundamental Rights
    5. Chapter V: The Legislature
    6. Chapter VI: The Executive
    7. Chapter VII: The Judiciary
    8. Chapter VIII: Federal Capital Territory, Abuja
    9. Chapter IX: Public Revenue
    10. Chapter X: Public Service
    11. Chapter XI: Transitional Provisions
  3. Schedules: this is the detailed provisions supplementing the main text, including forms, lists, and procedural guidelines.

CONCLUSION

These notes provide a comprehensive overview of legislative proposals, qualities of a good legislative drafter, the formal parts of a bill, the Nigeria court system, and the constitution, with references to relevant Nigerian cases and sections to ensure specificity and concreteness.