An Appraisal of Legislative Drafting Rules: A Focus on the Electoral Act, 2022
Thesis
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 However, certain legislative documents persist in using outdated drafting styles, leading to ambiguity in interpretation.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.