| dc.description.abstract | This research was motivated by the need to appraise the necessity of the Seven C's of legislative drafting and other drafting techniques in the legal framework for employees' compensation under Nigerian law. The Employees' Compensation Act (ECA) 2010 governs compensation for job-related risks in Nigeria; however, inconsistencies in its drafting raise concerns about its clarity, certainty, and effectiveness. The study (1) examined the meanings and roles of the Seven C's and other drafting techniques of legislative drafting, (2) assessed the extent to which the Seven C's are applied in the ECA 2010, (3) identify challenges, lacunae, or inadequacies in the application of the Seven C's and other drafting techniques in the Act, and (4) explore solutions to these challenges.The effectiveness of any legal framework depends significantly on the clarity, precision, and coherence of its legislative drafting. Poorly drafted laws often lead to ambiguities, inconsistencies, and loopholes that undermine their implementation, interpretation, and enforcement. Therefore, there is a pressing need to critically assess how legislative drafting techniques contribute to the overall success and functionality of legal instruments.
The research adopts a doctrinal methodology, utilizing primary and secondary data sources, including relevant legislation, case law, textbooks, journals, and literature, to critically analyze the provisions of the ECA 2010 to justify the objective of the research.
While the Act attempts to simplify compensation claims procedures, findings revealed that certain sections fail to adhere strictly to the Seven C's of drafting and some drafting techniques. This results in unclear, uncertain, and difficult-to-interpret language, hindering effective implementation. Key findings include: (1) the Seven C's play a vital role in legislative drafting, (2) their application is inconsistent in fundamental sections of the ECA 2010, and (3) significant challenges, lacunae, and inadequacies exist, such as the exclusion of 'mental stress' from compensable conditions unless it results from a compensable injury. Additionally, the Act grants excessive discretionary powers to the Nigeria Social Insurance Trust Fund Management Board, particularly regarding healthcare benefits, which are only mandatory for occupational diseases.
The study recommends continuous training for legislative drafters on the effective application of the Seven C's and other drafting techniques to eliminate ambiguities and inadequacies in legal drafting. It also advocates for the inclusion of 'mental stress' as a compensable condition, irrespective of its connection to a compensable injury, and the establishment of healthcare and disability support payments as rights in all proven cases. The study concludes that effective drafting techniques and the application of the Seven C’s are essential in enhance laws generally and ensuring effective implementation and enforcement of any legislation. | en_US |
