An Appraisal of Post-Legislative Scrutiny Mechanisms in Nigeria: A Comparative Study of Nigeria and the United States of America

Abstract

As an emerging aspect of legislative practice, post-legislative scrutiny represents a special process that is designed for the purpose of monitoring and evaluating the implementation and impact of legislation, with a view to ensuring that laws are implemented as intended. its development flows from the profound shift in legislative thinking and practice from focus on mere enactment of legislation, to imrpoved quality and effectiveness of legislation. in line with the drive for more inclusive, impactful and proactive legislation, legislatures around the world have adopted post-legislative scrutiny as a fundamental aspect of legislative practice and procedure. The rapid adoption has however given rise to the evolution of diverse forms, practices, and mechanisms of post-legislative scrutiny across legislatures, especially in view of idiosyncratic considerations. This development underscores the importance of analysing post-legislative scrutiny practices across jurisdictions in order to take the benefit of practices or models that are highly beneficial. Against this background and relying on the doctrinal research methodology, this paper undertakes a comparative review of post-legislative scrutiny mechanisms in Nigeria and the United States of America and finds that although post-legislative scrutiny is not specifically defined in the framework of both countries, there are structures and mechanisms put in place in the United States of America that align with the principles of post-legislative scrutiny. Based on this, the paper recommends that Nigeria like the United States of America, should deploy a unique combination of mechanisms to ensure that laws are implemented as intended and that impacts recorded are profound in accordance with objectives.