.jpg)
LAW 111/101 – Introduction to Legal Method
If you just stumbled upon this page, we recommend checking out our law 111 course page
1.0 Introduction
In our last lecture, we looked at legislative proposals and how laws are initiated, drafted, passed, and interpreted. We also explored the challenges of ambiguity, vagueness, and open texture in legislative drafting.
Today, we are moving one step further to discuss the human element behind these laws—the legislative drafter. Who is responsible for putting all those thoughts, policies, and principles into legally binding words? Who ensures that the language used in our laws reflects the true intention of the legislature without causing confusion or contradiction?
That person is the legislative drafter, and not just anyone can fill that role. It takes a certain kind of discipline, training, and attention to detail to become a competent drafter. So, let's look closely at the qualities that make a good legislative drafter.
2.0 Objectives
By the end of this lecture, you should be able to:
- Define who a legislative drafter is.
- Understand the unique skills and mindset required for drafting legislation.
- Identify and explain the key qualities of a good legislative drafter.
- Outline the drafting process from start to finish.
3.0 Who is a Legislative Drafter?
A legislative drafter is a legal expert trained to convert policy decisions into precise legal language. Unlike your regular legal practitioner who may deal with interpreting and applying the law, the drafter creates the law in its earliest form.
Think back to our lecture on legislative proposals. A bill starts as an idea—maybe a policy decision from the executive or a motion from a lawmaker—but it cannot become law until it’s turned into a written legal document. That is where the drafter comes in.
They work closely with lawmakers, ministries, and agencies to ensure that laws are not just written, but written clearly, logically, and constitutionally.
4.0 Qualities of a Good Legislative Drafter
Now, let’s look at the essential qualities a drafter must possess:
i. Mastery of Language
A good drafter must have an excellent command of the language of legislation (usually English in Nigeria). This includes knowing the difference between ordinary usage and legal meaning of words. Misuse of even a single word could change the entire law’s effect.
ii. Legal Knowledge
They must understand constitutional law, statutory interpretation (remember our last lecture), and the structure of government. Without a solid legal foundation, the drafter may propose laws that conflict with the Constitution or existing statutes.
iii. Precision and Clarity
A law must say exactly what it means and mean exactly what it says. This is one area where ambiguity and vagueness—discussed in our previous class—must be avoided.
iv. Logical Thinking
Laws must be organized logically. A drafter should be able to anticipate how different sections of a law connect and how the provisions might be interpreted by the courts.
v. Policy Sensitivity
While drafters are not politicians, they must understand policy goals. They must convert broad ideas into enforceable legal rules, and this requires policy sensitivity.
vi. Attention to Detail
No detail is too small in drafting. A wrong reference, a missing subsection, or a misused conjunction can render a law ineffective or even unconstitutional.
vii. Confidentiality
Drafters often work on sensitive matters. They must maintain professional secrecy, especially during early stages of drafting when proposals haven’t yet been made public.
viii. Patience and Humility
Drafting involves multiple revisions and input from different stakeholders. The drafter must be patient, open to feedback, and willing to revise without taking it personally.
ix. Research Ability
They must investigate existing laws, judicial interpretations, and even laws from other jurisdictions to ensure consistency and legality.
5.0 The Drafting Process
Drafting is not done haphazardly. Here is a brief outline of the process:
- Instruction Stage – The drafter meets with the sponsor (e.g., a ministry or legislator) to understand the policy intent.
- Research Stage – Relevant laws, court decisions, and international best practices are reviewed.
- Initial Drafting – The drafter prepares the first draft of the bill or statutory instrument.
- Consultation and Revision – The draft is reviewed by stakeholders; amendments are made based on feedback.
- Finalization – A final version is prepared for submission to the legislative house.
- Follow-Up – The drafter may assist during the legislative process, explaining provisions when required.
Again, this process demands discipline, skill, and professionalism—qualities we’ve just discussed.
6.0 Summary
To recap, a legislative drafter is a highly skilled legal professional responsible for turning policy into precise law. This role requires mastery of legal language, clarity, legal and constitutional knowledge, confidentiality, and a commitment to detail.
We’ve also walked through the typical drafting process, from instruction to finalization. You’ll find that the more complex the policy, the more rigorous the drafting required.
7.0 Conclusion
Let me end with this: behind every good law, there’s a good drafter. If laws are the backbone of a society, then legislative drafters are the architects of that backbone. Without their diligence, clarity, and integrity, even the best policies will never translate into meaningful, enforceable law.
If any of you are interested in legislative work, I strongly encourage you to explore legislative drafting further. It’s a quiet but powerful way to shape society.
8.0 Tutor-Marked Assignments (TMA)
- Who is a legislative drafter, and what is their role in the law-making process?
- List and explain five key qualities of a good legislative drafter.
- Outline and explain the stages involved in the legislative drafting process.
- Why is clarity important in legislative drafting? Support your answer with examples.
- Reflecting on your previous lecture, how can ambiguity affect the interpretation of a law?
- Dakas, C. J. D. (2007). Legislative Drafting and Law-Making in Nigeria. Jos: LawHouse Books.
- Aguda, T. A. (2001). The Practice of Nigerian Law. Ibadan: Spectrum Books.
- Lardner, D. (1990). Elements of Legislation and Legal Drafting in Nigeria. Lagos: Malthouse Press.
- Constitution of the Federal Republic of Nigeria, 1999 (as amended).
- Elias, T. O. (1963). The Nigerian Legal System. London: Routledge.