THE LEGISLATIVE PROCESS

 CONTENTS:

1.0       Introduction

2.0       Objectives

• Main Content
• Money Bills
• Ordinary Bills
• The Legislative Process under the Military
• Types of Legislation

4.0       Conclusion

5.0       Summary

6.0       Tutor Marked Assignment

7.0       References/Further Readings.

INTRODUCTION

The primary purpose in this Unit is to examine the process by which laws are made in both legislative houses. This is contained in Sections 58 and 100 of the 1999 Constitution, respectively. A special procedure is required under section 59 for money bills. Although these sections of the Constitution have been suspended by the Constitution (Suspension and Modification) decree of 1993. The legislative powers of the Federation are vested in the National Assembly, consisting of a Senate and a House of Representative, while those of the State are vested in their respective House of Assembly. The National Assembly is conferred with the powers to make laws for the peace, order and good government of the Federation or any part thereof. These powers covered all matters in the exclusive legislative list set out in part 1 of the Second Schedule to the Constitution and also those matters in the concurrent legislative list, to the extent prescribed therein.

The House of Assembly of a State has also powers to make laws for peace, order and good government of the State or any part thereof with respect to residual matters and matters in the concurrent legislative list, to the extent prescribed therein.

However, for a bill to become law, it must be passed by a simple majority of the members present and voting in the House where it originated after which it is sent to the other House where it originated after which it is sent to the other House to go through a similar procedure. The same procedural steps equally follow in both the National and State Houses of Assemblies.

  OBJECTIVES

In this Unit you will learn the following:

• How a bill becomes law 
• The difference between Money Bills under the Civilian regime and under the Military, respectively

MAIN CONTENT

Money Bills:

Some special procedure is provided for, under Section 59 of the 1999 Constitution, where the bill in question is a money bill. A money bill is defined as:

• An appropriation bill or a supplementary appropriate bill including any other bill for payment, issue or withdrawal from the consolidated Revenue Fund or any other public fund of the Federation of Nigeria
• A bill for the imposition of or increase in any tax, duty or fee or any reduction, withdrawal or cancellation thereof

Ordinarily, a money bill goes through the same process as any ordinary bill. However, where a money bill is passed by one of the Houses of the National Assembly but is not passed by the other House within a period of two months from the commencement of a financial year, the President of the Senate shall within 14 days thereafter arrange for and convene a meeting of the Joint Finance Committee to examine the bill, and shall be presented to the National Assembly sitting at a joint meeting to the President for assent.

Ordinary Bills

An Act of the National Assembly commences as a bill and may be introduced in the Senate or House of Representatives. A bill may either be a private bill introduced by a private member of any of the legislative bodies and intended to benefit the limited interest of a section of the society or it may be a public bill affecting the interest of the public at large. The Chairman of the appropriate standing committee or an ordinary member of the House as a private member may introduce a bill.

The Legislative Process under the Military:

Considering the frequency of Military intervention in Nigeria Politics and hence the legal system, it is important to mention the peculiar nature of Military legislation and the legislative process.

One characteristics feature of all the Military administrations Nigeria has had, was the arrogation of ultimate power to themselves. Unlike civilian a government, which has elected representatives from different constituencies, derive their legislative authority from the Constitution, which is the Supreme law of the land. Sadly enough, Military regimes, in fact, subdued the Constitution. The Military assumed the power to amend  or suspend all or any part of the constitution by Decree. A case in point was the Suspension and Modification of 1979 Constitution.

Therefore, in a civilian government, the principle of separation of powers is entrenched, but Military regimes have a tendency to exhibit an incomplete separation between executive and legislative functions. In the same token, the rules of Federalism were hardly obeyed as the demarcation between Federal and State Powers was very thin and the central government had the ultimate powers to legislate on all matters.

Types of Legislation:

The following types of legislation can be identified:

• Public General Act:- which applies to everyone and everywhere within the State. Examples of such legislation include the Criminal Code or the Penal
• Local Act:- which applies to a particular locality or community. For example, a law made to combat environmental or ecological problems in the Niger Delta area or a law establishing a particular University
• Private Act:- This is even more restricted in its scope and   A Private Act is one made in respect of a particular person or body of person including individual, local authorities and statutory bodies. For example,  a Statute granting a State pardon, to a convicted person or reverting certain properties earlier confiscated back to him.
• Consolidating Act:- This is a new statute passed which re-enacts the content of earlier Statute with such modifications and additions as are necessary to produce a coherent whole
• A Code:- This is a Statute which attempts to put together in one document the provisions of the existing legislation, the principles of common law and doctrines of equity which have over a period of time on a particular subject. Examples include the Criminal Code, Penal Code and The Companies and Allied Matters Decree, No.1,1990

CONCLUSION

Where laws are enacted in the legislature such as the National Assembly or a State House of Assembly, which are made up of the elected representatives of the people, the law has to be passed according to the prescribed legislative procedure. It is therefore essential to conclude that on the legislative process that much time and resources, human and material, are expended in the course of enacting a Statute. The legislature would have considered all apparent loopholes and sought to resolve any uncertainty in order to ensure that the law, when finally passed, is clear and certain and that it is, as much as possible, devoid of all ambiguities.

SUMMARY

Unfortunately, the impact of the incessant interventions of the Military in Nigeria’s political development has left an indelible mark on its legal system. Nevertheless, the repeated dismantling of governmental structures, it is commendable though that the Constitution has always stood the test of time. The legislatures have been working. People are now witnessing and enjoying the dividends of Civilian Government. Laws are now made and passed by people’s representatives at the Federal and State level.

SELF-ASSESSMENT EXERCISE

Explain extensively the various types of legislation.

TUTOR-MARKED ASSIGNMENT

• Define Money
• What is Consolidated Revenue Fund?

REFERENCES/FURTHER READINGS

Dennis Lloyd, (1979) – The Idea of Law, England, Penguin Books.

John Ohireime Asein, (1998) – Introduction to Nigeria Legal System, Ibadan, Sam Bookman Publishers.

Nnanyelugo Okoro and Aloysius – Michael Okolie, (2004) – Law, Politics and Mass Media in Nigeria, Nsukka, Prize Publishers Ltd.

 Okonkwo C. O. ed., (1980) – Introduction to Nigerian Law, London, Sweet and Maxwell.

Sanni, A. O. ed., (1999) – Introduction to Nigerian Legal Method, Ile-Ife, Kuntel Publishing House.