Understanding Nigeria's Pathway To Enact Bills

The process of how a bill becomes a law in Nigeria is a complex one. Nigeria operates a bicameral legislature, which means that there are two primary law-making bodies: the Senate and the House of Representatives, which together form the National Assembly. The National Assembly is empowered by the 1999 Constitution of the Federal Republic of Nigeria to make laws for the peace, order and good government of the federation. A bill is a draft of a proposed law which can be presented by a member of the Senate, the public, a member of the House of Representatives, or, in certain instances, a member of the executive arm of the government. Once a bill has been presented, it goes through several stages of review, reading, and voting before being passed into law. The process involves multiple committees and the input of the public, and the final step is the President's signature.

Origination of the Bill

A bill is a draft of a proposed law that is presented before the legislature for deliberation and discussion. While anyone can suggest a new law, only a member of the legislature can present it on the floor of the Senate or the House of Representatives. A bill can originate from the Executive (President), a member of the House of Representatives, or a Senator.

When the Executive prepares a bill, it is forwarded to the Speaker of the House and the Senate President with a cover letter from the President. This is known as an 'Executive Bill' and is marked with "Executive" on the title page.

If a bill originates from a member of the House of Representatives, it is presented to the Speaker of the House and is first discussed and passed in the House before being passed to the Senate for deliberation and passage. These bills are marked 'HB' (House Bill).

On the other hand, if a bill originates from a Senator, it is presented to the Senate President and is first discussed and passed in the Senate before being passed to the House of Representatives for deliberation and passage. These bills are marked 'SB' (Senate Bill).

Before a bill begins its legislative journey, it is presented to the Speaker of the House of Representatives or the President of the Senate. The presiding officer then refers it to the Committee on Rules and Business to review it and determine its suitability for legislative action. If it is not deemed suitable, it is sent to the National Assembly's Legal Department for revisions.

Initial Review of the Bill

Once a bill is received in either of the two chambers of the legislature, the head of the chamber (Speaker or Senate President) forwards it to the relevant committee for the Initial Review of the Bill.

The Rules and Business Committee is responsible for reviewing bills that come through the House of Representatives, while the Committee on the Rules and Procedure is responsible for reviewing bills that come through the Senate. The committee reviews the bill to determine if it meets all the required standards to be presented before the chamber. If the standards are not met, the bill is sent to the Legal department of the National Assembly for re-drafting and any other amendments that need to be made to bring it in line with the requirements.

The committee is also expected to determine the day and time a bill is to be discussed in the House/Senate. After the initial review, the committee then sends the bill for gazetting. The reason why bills are gazetted before consideration by the legislature is to give the public notice that a new piece of legislation is being considered and to give members of the public and concerned persons the opportunity to weigh in on the process and potentially give written representations either in favour of the proposed law or against it.

Gazetting of Bill

The gazette is an official publication used to inform the public that the National Assembly is considering a proposed law. The clerk of the appropriate chamber is responsible for obtaining a copy of the bill and publishing it in the gazette. However, if the bill is proposed by a member of the Senate or House of Representatives, permission must be granted by the chamber leader before the member can publish it in two consecutive issues of the official gazette.

The purpose of gazetting is to ensure transparency and allow the public to share their views and provide feedback on the proposed law. It is a crucial step in the legislative process, as it provides an opportunity for citizen participation and ensures that laws are made in the best interest of the people.

The gazetting process also involves inviting members of the public to make presentations for or against the bill. This allows concerned individuals and stakeholders to weigh in on the potential impact of the proposed law and provide input that could influence its passage.

Once a bill has been gazetted and the public has been notified, it moves on to the first reading stage, where it is introduced to the members of the appropriate chamber. This stage is followed by the second reading, where the bill is debated, and the third reading, where it is passed without further amendments.

In summary, gazetting of a bill is an essential step in Nigeria's law-making process, as it ensures transparency and citizen engagement by providing official notification to the public about a proposed law. It allows individuals to provide feedback and make presentations for or against the bill, contributing to the democratic values and principles of the country.

First Reading

The First Reading of a bill is the official entry point of a proposed law into the Nigerian legislature. It is the first stage of the legislative process, marking the introduction of the bill on the floor of the chamber.

The First Reading is a formal procedure where the Clerk of the House or Senate reads the bill's short title at a scheduled time and then tables it in front of the Speaker of the House of Representatives or the Senate President. This stage serves to inform the legislators that a particular bill has been introduced and is ready to be considered.

Before a bill reaches this stage, it undergoes a preliminary review process. The bill is first presented to the Speaker of the House of Representatives or the President of the Senate, who then refers it to the appropriate committee for an initial assessment. The committee determines if the bill meets the required standards and is suitable for legislative action. If the bill is deemed unsuitable, it is sent back for revisions to the National Assembly's Legal Department. Once the bill passes this initial review, it is scheduled for the First Reading.

The First Reading itself is a brief and formal affair, with no debate or discussion allowed on the floor of the Senate or House of Representatives. It is simply a mechanism to introduce the bill and make legislators aware of its existence.

The First Reading is a critical step in the legislative process, as it sets the stage for the subsequent readings and discussions that will shape the proposed law. It is the first public presentation of the bill within the legislature, marking the beginning of its legislative journey.

Second Reading

The second reading is when the bill is first debated on the floor of the relevant chamber of the legislature. For a bill to be read a second time, it must be moved by a motion. The legislator moving the motion is expected to highlight the subject matter, objectives, benefits, and general principles of the bill if it is passed into law. Other members may also signify their intention to speak on the bill.

If the bill is an Executive bill, the debate commences with a motion by the Senate or House Leader that the bill be read a second time. The motion must be seconded (supported) by any of the other party leaders.

If the bill is initiated by a legislator, the sponsor of the bill will move the motion for a second reading. The motion must be seconded (supported) by another legislator in the chamber where it is being read. If the motion is not seconded, the bill cannot proceed to a second reading and will be rejected.

After the bill is debated, it is put to a vote. If the bill has the support of the majority, it moves to the Committee stage. If it does not, it is 'Negatived' and cannot be discussed again until it is reintroduced at a later stage.

When a bill passes a second reading, it is referred to a relevant committee of the House or Senate for further legislative work, which includes a public hearing. During this stage, the committee may amend or even block the bill if it is deemed necessary. This stage is a crucial opportunity for members of the public to make inputs (for or against) the bill; this is where citizen participation in governance is expressed.

Examples of Bills that Passed a Second Reading

• A bill to prohibit violence against persons in public and private life.
• A bill to create a special armed squad for the Federal Road Safety Corps (FRSC).
• The Anti-social Media Bill, introduced to criminalise the use of social media to spread false or malicious information.

Frequently asked questions