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LAW 111 – Introduction to Legal Method

 1.0 Introduction

We’ve spent the past few lectures digging into legislative proposals, drafting, and the role of the drafter. By now, you understand the process that transforms an idea or policy into a draft bill. Today, we’ll look at what that draft actually looks like.

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What are the structural components of a bill? Is it just one long block of legal language, or is it divided into specific, functional sections?

As you'll soon discover, every well-drafted bill follows a structured layout. That structure isn't just for beauty—each part serves a legal and functional purpose. We’ll examine these components today so that you’ll not only be able to recognize them but understand their importance.

2.0 Objectives

At the end of today’s lecture, you should be able to:

• Identify and describe the formal parts of a bill.
• Understand the purpose of each part of the bill.
• Differentiate between preliminary, principal, and final provisions.
• Appreciate how the structure of a bill contributes to clarity and enforcement.

3.0 The Formal Parts of a Bill and Preliminary Provisions

Every bill starts with certain standard features, often referred to as the preliminary provisions. These are found at the beginning and help define the context of the bill.

Here are the major elements:

i. The Long Title

This gives a detailed description of the bill’s purpose. For example, “A Bill for an Act to Establish the National Youth Development Commission, and for Matters Connected Therewith.”

It helps lawmakers and readers quickly understand what the bill is about.

ii. The Enacting Formula

This is a standard constitutional phrase that signifies the authority behind the bill. In Nigeria, it usually reads:

“BE IT ENACTED by the National Assembly of the Federal Republic of Nigeria as follows:”

This phrase must appear before the operative sections of any bill, to give it legal standing.

iii. The Short Title

This is the simplified name of the bill, used for easy reference. For instance, “National Youth Development Act, 2025.”

iv. Commencement Clause

It tells us when the law takes effect. It may be immediate (e.g. “This Act shall come into force on the date of its assent”), or at a later date fixed by the Minister or another authority.

v. Interpretation or Definition Section

This section defines key terms used in the bill. For instance, if the bill uses the term “Commission,” this section will clarify whether it refers to a specific government body or something else.

Think back to our discussion on semantics in law—definitions are crucial to avoid misinterpretation.

4.0 The Principal Provisions

These form the main body of the bill and contain the substantive rules, powers, rights, and duties.

This section usually includes:

i. Establishment Clauses

These create institutions, commissions, or authorities. For example: “There is established a body to be known as the National Youth Development Commission...”

ii. Functions and Powers

This explains what the new body or person can do legally. Without this, the entity would be powerless even if established.

iii. Offences and Penalties

If the law prohibits something, this is where you find what constitutes an offence and the corresponding punishment.

iv. Procedural Provisions

These describe how things should be done—licensing, reporting, applications, etc.

Each of these must be drafted with care, clarity, and alignment with constitutional provisions, as we’ve discussed in earlier lectures on interpretation and drafting.

5.0 Final Provisions

This is the concluding part of the bill. It may seem like a formality, but it contains some of the most powerful clauses in the entire legislation. They include:

i. Savings and Transitional Clauses

These protect existing rights or actions taken before the new law came into force. For example, if a new body is replacing an old one, a transitional clause might read: “All contracts entered into by the previous board shall continue to have effect under this Act.”

ii. Repeals and Amendments

This part may repeal older laws or amend existing ones. For example: “The Youth Development Act Cap. Y5 LFN 2004 is hereby repealed.”

iii. Schedules

These are annexes that provide detailed information, like forms, lists, or procedural guidelines. Though they are placed at the end, they are legally binding.

Again, let me remind you that structure matters. These parts make a bill readable, enforceable, and compliant with constitutional expectations.

6.0 Summary

So far, we’ve examined how a bill is organized from top to bottom. We discussed:

• Preliminary provisions: long title, enacting formula, short title, commencement, and interpretation.
• Principal provisions: the core rules and institutions established by the bill.
• Final provisions: transition, repeal, and schedules.

A bill is not just a list of rules—it is a carefully structured document that must meet legal, procedural, and practical standards.

7.0 Conclusion

A bill’s form is just as important as its content. A poorly structured bill—even if well-intentioned—can lead to legal confusion, implementation challenges, or outright rejection during debate. As aspiring legal scholars, you must not only learn to read laws but also understand their anatomy.

As you go through the pages in your material, try to analyse sample bills using the structure we discussed today. Ask yourself: Is this bill complete? Is anything missing? Is each part doing what it's supposed to do?

8.0 Tutor–Marked Assignment (TMA)

1. List and explain the preliminary provisions of a bill.
2. Distinguish between the principal and final provisions in legislative drafting.
3. Explain the purpose of the commencement clause in a bill.
4. Why is the definition section important in a bill?
5. Mention and describe any three provisions commonly found in the final part of a bill.

9.0 References

• Dakas, C. J. D. (2007). Legislative Drafting and Law-Making in Nigeria. Jos: LawHouse 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).
• National Assembly Legislative Drafting Manual.
• Aguda, T. A. (2001). The Practice of Nigerian Law. Ibadan: Spectrum Books.