MLD https://ir.nilds.gov.ng//handle/123456789/43 2026-09-15T06:18:21Z 2026-09-15T06:18:21Z Uzoigwe, Chinwemeri Serah https://ir.nilds.gov.ng//handle/123456789/3561 2026-07-31T09:45:52Z 2025-01-01T00:00:00Z

Legislative drafting methods for alteration of Constitutions:Lessons from Nigeria and the kingdom of Lesotho 1999 to 2023 Uzoigwe, Chinwemeri Serah The conventional understanding of a Constitution, particularly a written one, is that it should be a relatively rigid document. the high frequency and broad scope of amendments in both Nigeria and Lesotho, but especially in Nigeria , challenge this notion. this observation leads to several crucial inquiries, as set out in the research questions/objectives of the study, such as the primary factors contributing to the accumulation of alterations and structural inconsistencies in the Constitutions of Nigeria and Lesotho, as well as the methodological approach of comparative law can be applied to this study that would allow for a rigorous and insightful analysis of Constitution alteration methods in both Nigeria and the kingdom of Lesotho. Given the inherently comparative nature of this research, a crucial preliminary step was determining the most effective approach to ensure the extraction of valuable lessons and identifying potential areas of convergence. this led to adopting the functional theory of comparative law. this unique approach stemmed directly from the insights gained during the comparative legislative drafting course undertaken in the second semester session of year 1 of this programme, which encouraged a deeper, more practical examination of how legal transplants could help strengthen the shortcomings of a legal system. Nigeria and the kingdom of Lesotho share a range of historical, legal and institutional similarities, stemming from their common administrative and governance experience under British colonial rule. The period from 1999 to 2023 presented a unique, compelling and rich landscape of constitution alterations in both countries. Thus, based on Jhering, Zweigert and Kotz's functionality theory, this study finds a significant lacuna in the formal alteration procedure stipulated under section 9 of the 1999 Constitution. This lacuna, which has fueled considerable legal debate and litigation, as detailed in the literature review of this study, justifies examining and potentially adopting the more effective procedure found in Section 85 of the Lesotho Constitution. It was observed that Lesotho's Constitutional Amendment Acts tend to be more subject specific, addressing specific areas of the Constitution in each Act. This contrasts sharply with the Nigerian approach, where alterations often encompass multiple subjects which are bundled into one single Bill. This dissertation distinguishes itself by being the first within the institute to apply the functionality test specifically in comparing the legislative drafting methods of Nigeria's and Lesotho's Constitution Alteration Acts in a doctrinal legal research. Not to mention the direct alignment of this research focus with the core mandate of the National Institute for Legislative and Democratic Studies. Accordingly, the Institute will find this study not only relevant but also highly valuable in advancing its mission and contributing to the broader discourse on legislative and democratic development in Nigeria.

2025-01-01T00:00:00Z Yina, Fidelia Ngowase https://ir.nilds.gov.ng//handle/123456789/3559 2026-07-31T09:27:21Z 2025-01-01T00:00:00Z

Improving parliamentary performance through the rules of procedure: A case study of the Nigerian Senate Standing Orders Yina, Fidelia Ngowase The study addressed the problem of inefficiency in the Nigerian Senate arising from weaknesses in its procedural rules, particularly the Standing Orders. It highlighted how unclear speaking arrangements, inadequate voting procedures, politically influenced committee structures, and punitive disciplinary measures hampered the Senate’s performance in law-making, oversight, and representation. The objectives of the study were to evaluate how reforms in speaking time allocations, voting and decision-making systems, committee composition and leadership, and disciplinary mechanisms could enhance parliamentary performance. The justification for the study lay in the urgent need to strengthen legislative processes in Nigeria in order to promote orderliness, transparency, accountability, and fairness in parliamentary practice. To achieve these objectives, the study employed doctrinal research methods, analyzing constitutional provisions, statutes, and parliamentary rules. Comparative analysis was undertaken with procedural rules from other jurisdictions to identify best practices. Content analysis of secondary materials, including academic literature and legislative reports, was also carried out to assess how procedural reforms could be effectively adapted to the Nigerian Senate context. These methods enabled a comprehensive evaluation of both theoretical and practical aspects of legislative procedure. The findings revealed that structured speaking time allocations and thematic debate sessions would promote more orderly and productive deliberations. The introduction of electronic and roll-call voting was found to foster transparency, accountability, and legitimacy in legislative decision-making. Reforms in committee composition and leadership through merit-based or secret ballot appointments were shown to reduce political interference and improve effectiveness. Furthermore, restructuring disciplinary measures to emphasize fairness, including the creation of a multi-party Senate Disciplinary Committee and replacing suspension with financial penalties, was identified as essential for safeguarding legislative integrity while preserving democratic representation. The study recommended amendments to the Standing Orders to incorporate digital timing systems for structured speaking allocations and the adoption of electronic and roll-call voting for critical legislative decisions. It further recommended that committee membership and leadership selection should be reformed through secret ballot elections to ensure impartiality. On disciplinary matters, it concluded that alternative sanctions such as fines should replace suspension to prevent denial of constituency representation. Overall, the study concluded that revising the Senate Standing Orders along these lines would significantly enhance parliamentary performance in Nigeria by improving order, transparency, accountability, and fairness.

2025-01-01T00:00:00Z Ehusani, Abel Simpa https://ir.nilds.gov.ng//handle/123456789/3557 2026-07-31T09:23:59Z 2025-01-01T00:00:00Z

A legislative drafting analysis of the Federal Capital Territory Customary Court Act, 2007 Ehusani, Abel Simpa ABSTRACT The Federal Capital Territory Customary Court Act, 2007 (hereafter called “the Act”) is the enabling legislation establishing the Federal Capital Territory Customary Court (hereafter called “the FCTCC”). Obsolete drafting dimensions, convoluted expressions, ambiguous provisions and the use of gender specific terms which indicate ambiguities and unintended inconsistencies are some of the problems with the Act which necessitated this research. The objectives of this dissertation included a review of the long title of the Act so that it captures and reflects its purpose to a certain extent. The study recommended the use of marginal notes effectively as internal aids to Statutory Interpretation. This dissertation proposed an amendment of the FCTCC to comply with plain language and gender-neutral drafting principles. Enhanced applicability of the jurisdiction of the FCTCC in the administration of Justice is another gap filled. The study also identified legislative drafting improvements that necessitated the proposed amendment bill annexed to this dissertation. Using a doctrinal research method to actualize all the objectives and to come up with the findings tied to all the questions of the research, both primary and secondary sources were used. The primary sources include: Constitution of the Federal Republic of Nigeria, 1999 (as altered), the Federal Capital Territory Customary Court Act 2007, some recent legislations like the Students Loans (Access to Higher Education) Act, 2023 and judicial decisions while the secondary sources include: Legislative Drafting journals, articles, Law review texts, online/internet sources among others, to identify the weaknesses and gaps in the Act. The finding on the first objective is that the use of bold/capital/uppercase letters in the long title is not justifiable. The research addressed the second and third objectives by identifying the absence of marginal notes for sections 39, 40, 41, 42 and 43 with a proposed amendment with relevant marginal notes. The fourth research objective scrutinized the intricacy present in both the language and the stylistic elements of the legislation; as a result, it opened up the need to amend sections 2, 25, 14 and 18 adopting plain language and gender-neutral terms. Also, the fifth objective unveiled aids in improving the quality of legislations. This research recommended an amendment to correct the wrong/inappropriate use of uppercase/bold/capital letters in the long title and the use of the new and existing enacting formula. In line with the findings, the proposed amendment bill contains an explanatory memorandum which offers sufficient clarification on the intentions of the newly introduced legal framework, helping to interpret the act in case of disputes about its actual purpose. This research further provided a proposed amendment to sections 2, 25 and 14 of the Act with adequate use of clarity, simplicity and plain language. This dissertation contributes to law reform and development in Nigeria, advocating for a more effective and culturally sensitive approach to the administration of justice in the FCT. A Bill for an Act to amend the Federal Capital Territory Customary Court Act is proposed and added as an annexure to this dissertation.

2025-01-01T00:00:00Z SiyanPeter, Adejoke Rejoice https://ir.nilds.gov.ng//handle/123456789/3555 2026-07-31T09:20:30Z 2025-01-01T00:00:00Z

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.

2025-01-01T00:00:00Z