An appraisal of legislative drafting instructions and the drafting of the 1979 Constitution of Nigeria
Thesis
The quality and effectiveness of every legislation is largely dependent on the issuance of proper legislative drafting instruction by the instructor, proper understanding and analysis of this instruction by the drafter before proceeding to designing and composing the proposed legislation. However, more often than not, drafters in the process of translating these policies into legislative form, deviate from the legislative instruction issued to them by the instructor or policymaker. This is made possible because the Bill Drafting Manual operational in Nigeria, is not binding on drafters. This research examined the importance of legislative drafting instruction in the legislative drafting process and the drafting of the 1979 Constitution. The aim of this research was to wholistically appraise and evaluate the significance of drafting instructions in the legislative drafting process; an assessment of how non-compliance with drafting instructions could negatively impact on the quality of laws that are passed in Nigeria and the need to make the Bill Drafting Manual have binding force on instructors and drafters. The significance of the study lies in its potential to improve legislative drafting practices by enhancing the quality of legislation that are enacted. The research adopted the doctrinal methodology as against the non-doctrinal methodology. 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. This approach used documented work in organizing materials, and also sought information from primary and secondary sources such as statutes, decided cases, relevant textbooks and journals. In line with the objectives of wholistically appraising the significance of legislative drafting instructions in the legislative drafting process; how non-compliance with legislative drafting instructions could negatively impact on the quality and effectiveness of laws enacted; the need for strict compliance with legislative drafting instructions to be made mandatory in the Bill Drafting Manual and for the Bill Drafting Manual to have binding force on all instructors and drafters in Nigeria, the key findings underscored the imperative to amend the Bill Drafting Manual in order for it to have binding force on all instructors and drafters as this will ensure mandatory compliance with the checklist for issuing legislative drafting instructions as well as the checklist of drafting a proposed legislation. To enhance the quality and effectiveness of legislations that are enacted, the study recommends that the Bill Drafting Manual operational in Nigeria should be amended by the introduction of a clause that makes it mandatory for all policymakers and drafters to strictly adhere to all the checklist contained therein. Also, the amendment of the Bill Drafting Manual to make it have binding force. There should be effective collaboration between policymakers, instructors and drafters in the drafting process in Nigeria. There should be the establishment of an independent body saddled with the responsibility of assessing the impact of enacted.