MLD https://ir.nilds.gov.ng//handle/123456789/43 2026-07-21T23:53:29Z 2026-07-21T23:53:29Z Onuoha, Adaobi Blossom https://ir.nilds.gov.ng//handle/123456789/3537 2026-07-21T10:44:30Z 2025-01-01T00:00:00Z

Legislative Intent and Judicial Interpretation: A Case Study of the Electoral Act, 2022 Onuoha, Adaobi Blossom This research is an exposition of the relationship dynamics between the legislative intent and judicial interpretation, how legislative drafters can reflect the legislative intent and improve the drafting process to minimise ambiguity and improve the quality of legislation and implementation in Nigeria using the Electoral Act 2022 as a case study. The justification of this research was the need to examine if there is a relationship between the legislative intent and judicial interpretations of the Electoral Act. The research adopted the doctrinal research methodology and relied on primary and secondary source materials. Primary source materials used include the Constitution of the Federal Republic of Nigeria 1999 (as altered), Electoral Act, Hansard Reports, and case laws. Secondary source materials used include textbooks, articles, newspapers, and internet materials. The finding on the first research objective is that in the Electoral Act, the legislative intent was that the National Assembly gave INEC the discretion to determine the mode of transmission of results. The finding on the second research objective showed that there was no obvious dichotomy between the legislative intent and the judicial interpretations of the court with regard to electronic voting, as the courts interpreted the provisions based on the clear meaning of the provisions. However, due to divergent decisions of courts on some provisions of the Act, it was opined that if the provisions on the electronic voting system were well legislated, little would be left to the discretion of the judiciary, as well as ensuring uniformity in their judgments. The finding on the third research objective noted that to minimise ambiguity and under legislation of some electoral procedures like the electronic voting system, the legislative drafter is required to conduct research into electoral laws of other jurisdictions, articulate and translate the intent of the legislature in the future amendments of the Electoral Act to achieve qualitative election practices. The finding on the fourth research objective demonstrated that Nigeria can adopt some electoral practices from other jurisdictions, such as the voter-verified paper audit trail (VVPAT) in the electoral process and the blockchain technology to enhance the elections. The research recommended that the process of the electronic voting system, should be adequately covered in subsequent amendments to the Electoral Act to minimise ambiguity and enable the judiciary to determine the legislative intent with ease. The research also recommended that the courts utilise the extrinsic aids of interpretation, like the Hansard Report, in coming to judicial conclusions in electoral cases. It also recommended that the legislative drafter adopt comparative legislative drafting and research to identify which technology best suits the electoral process in Nigeria to draft electoral laws devoid of ambiguity. The research also recommended the adoption of electoral practices from other jurisdictions to improve the electoral process. From the findings of this research, it is concluded that the Electoral Act is due for an amendment, especially as regards the electronic voting system and all other lacunae discovered when the Electoral Act was subjected to judicial interpretation in the last general elections.

2025-01-01T00:00:00Z SiyanPeter, Adejoke Rejoice https://ir.nilds.gov.ng//handle/123456789/3518 2026-06-30T14:19:49Z 2025-03-01T00:00:00Z

Reflecting Legislative Intentions in Legislative Drafting: A Review of the Nigeria Police Act, 2020 SiyanPeter, Adejoke Rejoice The study addresses the critical issue of ensuring that legislative drafting truly reflects legislative intentions, using the Nigeria Police Act, 2020 as a case study. The specific objectives of the study are to examine the extent to which the Act captures the legislature’s intentions, to identify challenges in translating policy objectives into legislative text, and to assess the implementation gaps that hinder alignment between the law and its application. The justification for this study stems from the need for a police law that supports democratic values such as human rights, accountability, and community engagement. With the Nigeria Police Act, 2020 replacing the outdated 2004 version, the research is timely and essential for improving both the quality of lawmaking and the effectiveness of police reform in Nigeria. To achieve these objectives, the study adopted a doctrinal and emperical research methodology. This involved the analysis of primary legal sources, including the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and the Nigeria Police Act, 2020, alongside secondary sources such as scholarly articles and official reports and physical interviews of police officers. The research first analyzed the legislative history and objectives behind the Act to evaluate how well they are expressed in the statutory language. It then examined the drafting process and the challenges inherent in translating complex policy objectives into legal text. Lastly, it assessed the implementation of the Act by key stakeholders, such as the police, judiciary, civil society, and government agencies, with a view to uncovering institutional, legal, and political barriers. From this study, the key findings show that while the Nigeria Police Act, 2020 makes commendable efforts to incorporate legislative intentions—particularly in areas of accountability, transparency, and human rights—there are gaps in expression and implementation. The study found that unclear statutory language, overlapping mandates, and insufficient stakeholder engagement limit the effectiveness of the Act. Furthermore, challenges such as weak oversight mechanisms, limited public trust, and inadequate funding contribute to a disconnect between legislative intention and operational practice. The analysis also revealed that the lack of periodic review mechanisms hampers the adaptability of the Act to emerging security challenges and societal expectations. Based on these findings, the study recommends a series of reforms. Firstly, legislative clarity should be improved to reduce interpretive ambiguities, and statutory review clauses should be introduced to ensure the law evolves with time. Oversight bodies like the Police Service Commission must be strengthened to enforce accountability, while regular independent audits should be institutionalized. Comprehensive training in human rights and community engagement should be prioritized for police officers, alongside the integration of modern technology in policing strategies. Ultimately, the study concludes that aligning legislative drafting more closely with legislative intent is essential to the realization of democratic policing in Nigeria.

2025-03-01T00:00:00Z Nonso-Nwanze, Patience Egechi https://ir.nilds.gov.ng//handle/123456789/1601 2025-02-01T12:23:38Z 2024-07-01T00:00:00Z

The Imperative of Regulating Legislative Drafters in Nigeria Nonso-Nwanze, Patience Egechi Legislative drafters are vital for drafting legislation and transforming policies into law. Legislation is a permanent enactment that stands on its own and speaks for itself without assistance or explanation from the drafter. Legislative drafting hence requires professionals known as legislative drafters. This essential body currently has no regulation guiding it to maintain and control the ethics of the practice. Thus, the absence of regulation has often resulted in some poorly drafted legislation as some of the drafters are non-professionals or non-experts in legislative drafting. The primary objectives of this research are to examine the necessity of regulating the legislative drafters, to identify the effects of the non-regulation of legislative drafters, to determine the steps or measures to regulate the legislative drafters in Nigeria, and to understand the significance of regulating legislative drafters. The justification is ensuring that the legislative drafters are regulated to encourage good quality and effective legislation in Nigeria. The doctrinal methodology was applied for the research, with data collated from diverse Acts, judgments, legal principles, case laws, textbooks, journals, and statutes, and a literature review was carried out to see how effective some legislations were. The study compares some Acts that conflict with existing legislation that render them unconstitutional and of no effect, especially those that conflict with the Constitution. The study found the need to regulate legislative drafters as it was discovered that the after-effects of using non-professionals were observed in some Acts/Laws like the ICPC ACT, EFCC ACT, Electoral ACT, etc. Also, the finding is that regulating legislative drafters is an added advantage to the profession as it promotes that field of law. The study recommends stopping or reducing poor quality or ineffective legislation to have a regulation guiding all legislative drafters. This study recommends enacting an Act by the National Assembly to regulate legislative drafters as obtained in other professions such as the Dental Council of Nigeria, the Council of Regulation of Engineering in Nigeria, etc. This will also align with international best practices as done in countries like Somalia, Canada, and the USA. This research finally suggests that the National Assembly in addition to the regulation may enact an Act like the Legislative Negligence Act, similar to the Canada 2003 Act which states that, if a drafter drafts a Bill that results in litigation, then the salary of the drafter will be deducted until the litigation is over. This will promote seriousness and carefulness among legislative drafters in Nigeria.

2024-07-01T00:00:00Z Omole, Ronke Suzan https://ir.nilds.gov.ng//handle/123456789/1600 2025-02-01T12:23:27Z 2024-03-01T00:00:00Z

An Appraisal of Legislative Drafting Rules: A Focus on the Electoral Act, 2022 Omole, Ronke Suzan The effectiveness of legislation relies in its capacity to communicate legislative intent clearly to stakeholders. However, certain legislative documents persist in using outdated drafting styles, leading to ambiguity in interpretation. Additionally, the absence of adherence to gender-neutral principles within legislation introduces further complexity, potentially implying gender exclusivity within defined roles. This research examined the adherence of the Electoral Act, 2022, to fundamental principles of legislative drafting; it addressed concerns surrounding clarity, gender neutrality, and ambiguity within the legislative text. This research paper aims to conduct a comprehensive examination of legislative drafting rules, with a specific focus on the Electoral Act of 2022. The central objective of this research was to explore the intricacies of legislative drafting and to what extent these principles applied to the drafting of the Electoral Act, 2022. The justification of the study lies in its potential to improve legislative drafting practices, enhance the quality of the Electoral Act, 2022, and contribute to the governance landscape. The research adopted the doctrinal approach against the non-doctrinal. This approach is usually regarded as desk or library research. It is concerned with ascertaining the consequences; usually legal; of a fact situation. It seeks information that is already in the public domain. The Doctrinal approach was the primary research option of this research as it directly enquired into the state of law shorn of arguments. It is, in this sense, practical research as distinct from pure or applied research. This approach used documented work in organising materials and also sought information from primary and secondary sources such as statutes, decided cases, relevant textbooks and journals. In line with the central objective of exploring the intricacies of legislative drafting rules and to what extent these rules were applied to the drafting of the Electoral Act, 2022, the key findings underscored the imperative to adopt a modern approach to legislative drafting within the Electoral Act, 2022. Beyond gender neutrality, the analysis revealed deficiencies in clarity, precision, and legal certainty within the legislative text. Ambiguities and gaps within the Act posed challenges in interpretation and implementation, necessitating comprehensive revisions to enhance legislative effectiveness. To enhance the efficacy of the Electoral Act, 2022, the study recommended the need to adopt a holistic approach to legislative drafting, addressing not only gender neutrality but also clarity, precision, and legal certainty. Implementing comprehensive legislative scrutiny mechanisms and providing inclusive language training are crucial steps towards promoting fairness and equity in electoral processes. Enhancing clarity and precision in legislative language, alongside adherence to modern drafting norms, strengthens the Act's compatibility with international frameworks and best practices. In conclusion, by adopting these recommendations, policymakers can ensure that the Electoral Act upholds the highest standards of legislative quality and serves as a reliable framework for democratic governance, ultimately contributing to fair and inclusive electoral processes.

2024-03-01T00:00:00Z