The Nigerian law Reform Commission Act 2022 came into effect on 6th April 2022, after receiving Presidential Assent. The Act repealed the Nigerian Law Reform Commission Act, Laws of the Federation of Nigeria (LFN), 2004. It establishes the Nigerian Law Reform Commission, with a membership of four full-time Commissioners, subject to confirmation by the Senate, one of whom shall serve as Chairman of the Commission. The Commissioners shall hold office for a term of five years, which is renewable once. The new Act designates the Chairman as the Chief Executive and Accounting Officer of the Commission. In the repealed law, the Secretary of the Commission served as its Accounting Officer.
The Act empowers the Commission to review all Federal laws for the purpose of development and reform in consonance with the prevailing norms of the Nigerian society, including the codification of laws, elimination of anomalies, repeal of obsolete, spent and unnecessary enactments, reduction in the number of separate enactments and the reform of procedural laws to bring them into consonance with changes in the administration of justice system. In addition, the Commission is to work towards simplification and modernisation of laws. Among several other means, the Commission may perform its functions based on proposals for law reform made or referred to it by the Attorney-General of the Federation (AGF) or the National Assembly. It may also by its own initiative, propose a programme for examination of different branches of law for reform, and submit same to the Attorney-General and the National Assembly.
The Commission is also empowered to consider proposal for reform of State laws from any State, group of States or all the States in Nigeria, and submit the report to the appropriate Attorney-General (of a State) and State House of Assembly.
The functions of the Commission have been broadened in the new Act to include provision of training on law reform and other related matters for a fee. In addition, it may carry out public enlightenment programmes on law reform activities. Also, Federal Ministries, Departments and Agencies may collaborate with the Commission in their law reform exercises. Another introduction in the new law is the requirement for the Attorney General of the Federation (AGF) to lay the report of the Commission (on a programme referred or approved by the AGF to the Commission) before the Federal Executive Council. After the expiration of 3 months from the date of the Commission’s submission of the report to the AGF, it shall forward same to the National Assembly. Formerly, the AGF was required to lay programmes and any proposals for reform pursuant to such programmes prepared by the Commission, to the President.
In the new Act, the interpretation of the term “high judicial office” being one of the qualifications for appointment as a member of the Commission, is any judicial office not below the rank of Justice of the Court of Appeal. In the old law, it was interpreted as any judicial office not below the office of a Judge of a High Court.
The new law builds upon the repealed Nigerian Law Reform Commission Act, LFN 2004, and creates an improved framework for the Law Reform Commission.
Nigeria has a plethora of existing laws, with several others enacted in recent time. It is important that these laws reflect the current context of the country in order for them to be enforceable and effective. It is also important that provisions that no longer serve any purpose either because they are outdated or are no longer relevant in relation to prevailing circumstances in the country, are expunged. The issue of several laws addressing the same subject matter should also be addressed.
Click to read the Nigerian Law Reform Commission Act 2022. (https://bit.ly/3xbcQ5z)