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Fundamentals Of Legislative Drafting

Fundamentals Of Legislative Drafting

Author: Nigerian Institute Of Advanced Legal Studies


Date Published: Monday, 14-January-2019 3:10:45 PM

Legislative drafting is a critical aspect of law-making in any organized society. In our constitutional democracy wherein the organic law is the Constitution of the Federal Republic of Nigeria 1999 (as amended). Legislative drafting is a veritable instrument for distilling and ventilating policies and ideas of government both at the Federal and State levels. When the Legislative Draftsman or woman is knowledgeable and properly skilled, this reflects clearly in the quality of Bills drafted and laws enacted. When the reverse is the case, the Bills are not only inelegantly worded but the reader is confronted with an ambiguous document. For the judiciary, the challenges are more obvious since they are compelled to seek the intention of the Lawmaker (normally not the intention of the draftsperson). It is obvious that in some instances, the Courts have not successfully unveiled the intention of the lawmaker.