| dc.description.abstract | The old, timeless axiom that change is inevitable still holds sway especially in any democratic society where there is guarantee of liberty and justice. Democratic society gives much allowance to social change unlike an autocratic society or military regime. Beyond its democratic configuration, Nigeria is a country under the rule of law. Thus, the Constitution of the Federal Republic of Nigeria (CFRN), 1999 (as amended) subjects the governing and operations of Nigeria to its provisions while also empowering the National Assembly to alter the Constitution and make other laws for the smooth operation of the country. It follows therefore that for any social change to be valid in Nigeria, it must be one known, recognised or enjoying the coverage of the Constitution or any validly enacted legislation. On the surface, it appears that lawmakers are the one and only actors, who in their role as lawmakers, are responsible for enacting legislation. However, in addition to lawmakers, legislative drafters are the experts that draft such legislation that lead to social change.
This research, which adopted the admixture of doctrinal and reform-oriented approaches, considered the role of legislative drafters in promoting social change in Nigeria and reviewed selected legislation between 2004 and 2022 to buttress this role. The research found that legislative drafters play central role in promoting social change in Nigeria. This assertion is anchored on the social change legislation legislative drafters have composed or drafted since 2004.
To properly gauge the extent to which legislative drafters in Nigeria have engaged in promoting change, the research developed a benchmark termed ‘legislative measures’ to measure and analyse selected Nigerian legislation on social change. The legislative measures employed were – post-legislative scrutiny and sunset clause, laying of delegated legislation, plain language drafting, gender-neutral drafting, publication, limitation of discretion, liberalisation of locus standi, whistleblowing mechanism, and other measures of consultation, openness and public participation. Applying these legislative measures to the selected major legislation on social change, the research on the whole gave a pass mark to legislative drafters for their role in promoting social change in Nigeria. On the other hand, the research found that some of the legislation drafted by legislative drafters were lacking these enunciated legislative measures which generally engender social change, and encouraged drafters to always apply them to legislation in deserving cases.
Poor legislative drafting, inadequacy of time, and political constraints were identified as impediments to legislative drafters attaining their role of promoting social change and solutions were accordingly proffered. The research recommended the professionalization and regulation of legislative drafting to encourage effective and quality legislation. It further recommended amendment of Appointment and Management of Legislative Aides for Senators and Members of the House of Representatives of the National Assembly, which regulates the engagement of legislative aides by members of the National Assembly, to stipulate that at least one of the aides must be a legislative drafter, and that legislative drafting be made a compulsory undergraduate course in the university.
The research is divided into five major parts: Chapter One contains a general introduction, Chapter Two sets out the conceptual and theoretical framework of the research and also reviews relevant literature on the research subject, Chapter Three considers the role of legislative drafters in social change in Nigeria, and Chapter Four reviews selected legislation that has engendered social change in Nigeria. Chapter Five contains the conclusion of the research. | en_US |
