THE NIGERIAN LAW REFORM COMMISSION ACT 2022: OLD WINE IN A NEW BOTTLE?
DOI:
https://doi.org/10.53704/fulaj.v1i2.551Abstract
As societies are in a constant state of flux, laws must be constantly refined or updated to catch up with and make provision for such changes, and in some cases, even contemplate future changes, dynamics and challenges. This requires that laws must be regularly reformed to keep them current and relevant. As a systematic process for updating and simplifying laws, law reform across jurisdictions is carried out mainly by special institutions or bodies created or mandated for that purpose. In Nigeria, the Nigerian Law Reform Commission is charged with the responsibility of reforming laws in the country, as empowered by its constitutive Act. While the Commission’s 2004 Act was essentially a relic of military rule and was largely censured for its inadequacy, impotence and inability to foster effective law reforms, its 2022 Act is perceived as a game changer. A cursory review of the 2022 Act however reveals copious and indeed striking similarities with the 2004 Act, thus questioning the novelty and distinction of the 2022 Act, particularly with respect to its ability to transform the Commission and enable it achieve its statutory objectives seamlessly. Against this background and relying on the doctrinal research methodology, this paper appraises the 2022 Nigerian Law Reform Commission Act with a view to ascertaining its ingenuity, potency and ability to transform the law reform process in Nigeria.
Downloads
References
Bonnievolo E Ecoma, ‘Commanding the Impossible: A Subtle Review of the Supreme Court Judgment in Jegede & Anor v. INEC & Ors’ in Oghenemaro Festus Emiri and Chidi Lloyd (eds) Judges and Judging in Nigeria: Essays in Honour of Hon. Justice Kate Abiri (Malthouse Law Books, 2023) 446.
Gyaneshwor Parajuli and Bimal P Lamicchane, ‘Social Function of Law from Jurisprudential Outlook.’ Nepal Law Review [2019] (28) (1-2) 140.
Funso Adaramola, Jurisprudence (4th edn, LexisNexis Butterworths, 2008) 253.
Dahiru Musdapher, ‘Law Reform in Nigeria: Challenges and Opportunities’ (Lecture delivered at Federal University Dutse, Jigawa State, Nigeria, 20th May 2014) 4.
The NLRC came into existence by virtue of the Nigerian Law Reform Commission Decree 1979, Decree No. 7, made in Lagos on 23rd February 1979 and signed by Lt. General Olusegun Obasanjo, then Head of the Federal Military Government and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria.
See Shekete v N.A.F. [2007] 14 NWLR (Pt. 1053) 159.
SDG Accountability Handbook, ‘Pursuing Law Reforms, Strategic Litigation and Legal Empowerment.’ SDG Accountability (New York, n.d.) <https://www.sdgaccountability.org/working-with-formal-processes/pursuing-law-reforms-strategic-litigation-and-legal-empowerment/> accessed 1 February 2024.
Encyclopaedic Australian Legal Dictionary, cited in Time Base, ‘Law Reform in Australia.’ Time Base (New South Wales, n.d.) <https://www.timebase.com.au/support/legalresources/Law-Reform-in-Australia.html> accessed 1 February 2024.
PB Works, ‘Law Reform.’ PBWorks (California, n.d.) <https://stage6.pbworks.com/f/Law+Reform.pdf> accessed 2 February 2024.
A Rodger, ‘A Time for Everything Under the Law: Some Reflections on Retrospectivity.’ Law Quarterly Review [2005] (121) (1) 78.
Daniel Erwin, ‘Law Reform Definition, History & Examples.’ Study.com (California, 11 April 2023) <https://study.com/academy/lesson/law-reform-definition-examples.html> accessed 3 February 2024.
Tonye C Jaja and Emmanuel O Anyaegbunam, ‘Law Reform in Nigeria: A Historical Perspective’ Journal of Law and Legal Reform [2020] (1) (3) 442.
Alina Pomaza-Ponomarenko, Nelli Leonenko, Viktoriia Cherniahivska, Iryna Lehan & Galyna Puzanova, ‘Legal Reform and Change: Research on Legal Reform Processes and their Impact on Society. Analysis of Factors that Facilitate or Hinder Legal Change, including Political, Social, and Economic Factors.’ Journal of Law and Sustainable Development [2023] (11) (10) 3.
OI Yushchyk, Legal Reform: General Concept, Implementation Problems in Ukraine (Legislation Institute of The Verkhovna Rada of Ukraine, 1997).
Pomaza-Ponomarenko et al (n 14) 6.
Chebotaryov (2012) cited in Pomaza-Ponomarenko et al, ibid, 7.
Bryan A Garner, Black’s Law Dictionary (9th edn, Thomson Reuters, 2009) 1413.
Ibid, 351.
HH Marshall, ‘Law Reform and Law Revision in the Commonwealth’ in Proceedings and Papers of the Sixth Commonwealth Law Conference (Lagos, Nigeria, August 1980) 191.
Jaja and Anyaegbunam (n 13) 441.
Gavin Murphy, Law Reform Agencies (The International Cooperation Group, 2004) 3.
Joseph Bodunrin Daudu, ‘The Imperatives of Law Reform and the Law Making Process’ (Paper presented at the Maiden International Conference of the National Institute for Legislative Studies, Transcorp Hilton Abuja, Nigeria, 16th July 2012) 1.
Yahaya Abubakar Muhammad, ‘The Statutory Role of the Nigerian Law Reform Commission in the Administration of Justice in Nigeria.’ Journal of Law, Policy and Globalization [2016] (55) 217.
Ameh Ochojila, ‘Reforming the reformer: Challenges before Nigerian Law Reform Commission.’ The Guardian (Lagos, 7 June 2022) <https://guardian.ng/features/law/reforming-the-reformer-challenges-before-nigerian-law-reform-commission/> accessed 5 February 2024.
CO Okonkwo, ‘The Imperatives of Law Reform in the Law Making Process’ (Paper presented at the International Conference on Law Reform and the Law Making Process in Nigeria, organised by the National Institute for Legislative Studies at Abuja, Nigeria, 16th to 17th July 2012) 18-19.
WO Anaekwe, ‘Research Methodology and Law Reform Process’ (Paper presented at a Training Course for Legal Officers of the Ondo State Law Commission in Abuja, Nigeria, 29th November to 2nd December 2004).
Gift Olivia Samuel, ‘Federal Laws Last Revised 15 Years Ago, Against Int’l Best Practices- Nigerian Law Reform Commission.’ The Sight News (Abuja, 13 June 2018) <https://thesightnews.com/2018/06/13/federal-laws-last-revised-15-years-ago-against-intl-best-practices-nigerian-law-reform-commission/> accessed 4 February 2024.
Junaidu Bello Marshall, ‘Nigerian Law Reform Commission: An Appraisal of the Statutory Powers of Principal Officers.’ International Journal of Innovative Legal & Political Studies [2022] (10) (1) 55, 57. This point was earlier made by Onoge. See: Elohor Stephanie Onoge, ‘Monitoring and Evaluating the Impact (Post-Legislative Scrutiny) of Emergency Regulation in Response to the COVID-19 Pandemic: A Case Study of Nigeria’ IALS Student Law Review [2021] (8) 45.
Femi Osinusi, ‘Nigerian Law Reform Commission responsible for obsolete laws in statute books, says Senate.’ Nigerian Tribune (Ibadan, 20 May 2020) <https://tribuneonlineng.com/nigerian-law-reform-commission-responsible-for-obsolete-laws-in-statute-books-says-senate/> accessed 5 February 2024.
CE Okeke, ‘Law Reform Process and Practice in Nigeria: Issues and Challenges.’ International Review of Law and Jurisprudence [2020] (2) (1) 58.
Debakeme Christopher Ogbu, ‘Post Legislative Scrutiny as a Mechanism for Effective Legislation.’ International Journal of Legislative Drafting and Law Reform [2021] (10) (1) 40.
Innocent Anaba, ‘Law reform will bring our law in tandem with current realities – Kefas Magaji.’ Vanguard (Lagos, 5 April 2018) <https://www.vanguardngr.com/2018/04/law-reform-will-bring-law-tandem-current-realities-kefas-magaji/> accessed 9 February 2024.
Reuben O Imarha, An Appraisal of the Impact of the Nigerian Law Reform Commission in the Legislative Process. (LL.M. Dissertation, University of Benin/National Institute for Legislative and Democratic Studies, 2022) 103-107.
Section 2(6).
Sections 3 and 4.
Section 5(1) of the Act. The expression “Federal laws” in the provision means “all laws within the legislative competence of the Government of the Federation and includes all received laws and rules of law in force in the Federation and having effect as if enacted by the Federal legislature and all procedural laws and all subsidiary instruments made under or pursuant to any such law.” Section 5(10) refers.
Downloads
Published
Issue
Section
License
Copyright (c) 2024 Bonnievolo E. Ecoma
This work is licensed under a Creative Commons Attribution 4.0 International License.
