Analysis Report on a Bill for an Act to Establish a Council for the Regulation of Legislative Counsel and Other Legislative Practitioners, to improve the quality of Bills, Motions and other legislative documents presented to the legislature for legislative actions; and for Related Matters Bill No: HB.61

Abstract

Good legislative drafting is crucial for ensuring that laws are clear, precise, and effective. It minimizes ambiguity, prevent misinterpretations and legal disputes, thus fostering legal certainty and stability. Well-drafted legislation supports smooth implementation by providing clear guidelines for enforcement and administrative bodies, enhancing public administration efficiency. Additionally, it contributes to accessibility, by making legal texts understandable to the general public, which promotes transparency and accountability. Effective drafting also aids judicial interpretation by offering a solid foundation for consistent rulings. Ultimately, high-quality legislative drafting aligns laws with policy objectives, reduces the need for frequent amendments, and supports good governance, thereby contributing to a stable and reliable legal framework. This current Bill aims to create an institutional framework for contributing specifically to regulating and improving the quality of legislative documents. This analysis report is structured as follows: Sections 1 and 2 present the objectives and summary of the Bill. Section 3 provides the background to the Bill, while Section 4 examines the relationship between the Bill and existing laws. Comments on key provisions of the Bill are provided in Section 5. The arguments for and against the Bill are presented in Section 6. Sections 7 and 8 of the Bill present the recommendations and summary, and conclusion of the report, respectively. The Bill provides an institutional framework for addressing the challenges in the quality of legislative documents in Nigeria. However, establishing a new Commission may result in duplication of responsibilities and increase the cost of governance. Based on the analysis of the key provision of the Bill, it is recommended that: i. Rather than establishing the Council for the Regulation of Legislative Counsel as this Bill proposes, which will lead to duplication of functions, it is suggested that the National Institute for Legislative and Democratic Studies should be maintained as the sole institute that handles such functions. ii. The provisions of Clause 11(c) may be re-drafted to correct some typographical errors.