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.
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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.
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