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Forms of Statutes
There are various forms of Statutes and they include Codes; Acts;
Regulations; Ordinances; Treaties; Constitutions, etc.
The Principal forms of Statutes are:
(a) Ordinances
Ordinances are imperial laws enacted before independence.
Ordinances which were still in force at Independence have been
designated ‘Acts’ (Designation of Ordinances Act, 1961).
(b) Acts - Acts are individual pieces of legislation that have been
passed by legislative body, such as Parliament as in the case of
Nigeria, the National Assembly and the various State Houses of
Assembly, They typically cover a specific issue or topic such as
healthcare, education, taxation and other developmental matters.
Act of National Assembly means any law made by the National
Assembly and includes any law, which takes effect under the
provisions of the Constitution as an Act of the National Assembly.
With effect from 1st October, 1961, any law made by the Federal
Legislature became known as Acts.
(c) Laws
Laws enacted or having effect as if enacted by the Legislature of a
State of the Federation.
Laws enacted or having effect as if enacted by the Legislature of a
State of the Federation" refer to statutory provisions or legal
instruments that either:
1. Originate directly from the state legislature, passed in accordance
with constitutional mandates.
2. Possess the same legal authority as state laws, even if not directly
enacted by the legislature.
This second category includes:
Pre-existing colonial or federal laws adapted as state laws.
Delegated legislation authorized by an enabling act.
Under Nigeria's 1999 Constitution (Section 4[7]), state legislatures
are empowered to make laws on matters in the Residual
Legislative List, exclusive to states. Transitional provisions also
allow inherited laws (e.g., from pre-independence or military
regimes) to remain effective until repealed or amended.
One fundamental law
(d) Decrees
Decrees are laws promulgated by the Federal Military
Government. Decree 107 of 1993 defines it as “an instrument
made by the Federal Military Government and expressed to be or
to be made as a Decree.”
(e) Edicts
Edict is law made by the Executive Council of a State of Federation
and any instrument having the force of law made thereunder.
(f) Subsidiary Legislation
Laws made under the authority of statutes, order, rules or
regulation made in exercise of power conferred by an Act . It
includes Orders and Regulations made by Ministers or
Commissioners in exercise of legislative authority.
Regulations are therefore subsidiary legislations which are rules
that are created by administrative agencies in order to implement
and enforce the statutes passed by the legislature. They provide
detailed instructions on how the laws should be followed and
enforced.
(g) Treaties - Treaties are agreements between two or more
Sovereign States that are legally binding. They typically cover
issues that affect multiple nations such as trade, human rights or
environmental protection.
Codification
In law, codification is the process of collecting and restating the
law of a jurisdiction in certain areas, usually by subject, forming a
legal code. It can also be termed the process of collating,
compiling, arranging and systematizing into an ordered code, the
laws of a given jurisdiction. It would appear that prior to 1954,
Britain made law directly for Nigeria. Since 1954, both the Federal
and Regional (now States) governments exercised independent
legislative authority. The local enactments were first codified in
1923, revised in 1948 and reproduced in 12 volumes in 1958. In
1958-77, editions of supplements and subsidiary enactments
began to be produced on annual basis. The last revision and
Codification of Laws of the Federation was 1990.
The codification of law helps identify inconsistent, duplicate,
and/or ambiguous laws in a particular jurisdiction and in a subject
area.
Codes are therefore comprehensive compilations of laws that
cover a specific area of the law, such as criminal law, civil law or
commercial law. Examples includes Nigerian Codes which contains
Federal laws of the Federations both criminal and civil laws.
(a) Administrative Agency Regulations
The Rulings and Regulations by or for the Federal and State
Commissions, Boards etc. in exercise of their Legislative, Executive
or Judicial powers are sources of law and are growing. These
relate to but do not correspond with delegated or secondary
legislation. They are rules, made by persons or bodies other than
the Legislatures but are authorised to do so.
Creation of Statutes
The procedure for creating a statute is strict and in the following
stages.
(a) Bill
Proposed law placed before the National or State Assembly as the
case may be a potential Act or law prior to becoming law. Usually
commenced at the Lower House but occasionally in the Upper
House.
(b) First Reading
A member of the House or a Minister introduced the Bill. The bill
is read.
(c) Second Reading
The Bill is read a second time. The House discusses the principles,
debate it and upon assent by majority, the Bill goes to one of the
standing Committees for purpose of examining it in detail.
(d) Committee Stage
The Committee discusses the bill in details, examines it, clause by
clause, amends where necessary. In the National Assembly of
Nigeria, there are currently 57 Standing Committees in the Senate
while the House of Representatives has 89 standing committees.
(a) Reporting State
The Standing Committee reports to the House, its findings and
recommendations. The Bill may be further amended, as
appropriate.
(b) Third Reading
A final debate on the Bill takes place at the floor of the House. A
vote is taken on it, if it fails to receive a majority vote, the Bill is
defeated. If it does, then it is passed to the Governor for assent if
it is a State proposed law. It is passed to the other House when it
is a Federal proposed law.
(c)The Other House
The same process as in the first House is repeated. The proposed
law is admitted for debate. If it is rejected, it dies. If it is approved,
it goes to the Presidency for assent.
(d) Presidency or Office of the Governor of a State: Executive
Assent
The Assembly forwards the proposed law requiring his assent to
the President or Governor who may or may not assent. On assent,
the Bill passes into Law and it becomes a Federal Act or a State
Law as the case may be. Otherwise it is returned to the National
Or State Assembly without assent.
(e) National Assembly or State Assembly
A proposed law which has been denied executive assent may still
become law upon a two-thirds majority vote of the Assembly.
(f) Time
(g) A Public Bill becomes stale:
- If it does not complete every stage of the procedure and enacted
into law during the particular session;
- when the National or State Assembly is dissolved.
A bill which has elapsed may commence de novo (begin afresh).
(jj) A Private Bill may spill over several sessions.
