Ekiti State Law Review Commission Bill, 2013
1. Establishment of the Ekiti State Law Review Commission
(1) There is established for the purpose of this Law a commission known as the Ekiti State Law Review Commission (referred to in this Law as “the Commission) for the purpose of preparing a new revised edition of the Laws of Ekiti State of Nigeria, to update those Laws contained in the 5 volumes of the Laws of Ekiti State of Nigeria, 2012 and other Laws in the Annual Laws of Ekiti State from 2009 up to date (referred to as “ the revised edition”)
(2) The Commission shall be a body corporate with perpetual succession and a common seal and may hold, acquire and disposes of any property or interest in property, movable and immovable.
2. Appointment of Members of the Commission
(1) The members of the Commission shall be appointed by the Governor and shall consist of –
(a) a Chairman who shall be a retired Judge, or suitably qualified Legal Practitioner;
(b) two part-time Commissioners, one of whom may be a non-legally qualified person but with appropriate qualifications as may be determined by the Governor.
(c) there shall be three ex-officio members comprising of the Solicitor General and Permanent Secretary, Ekiti State Ministry of Justice, the Director, Law Review and the Director Legal Drafting
(2) the legally qualified person appointed to be part-time Commissioner under paragraph (b) of subsection (1) shall be persons appearing to the Governor to be suitably qualified –
(a) by having, before this appointment, held high Judicial office; or
(b) with experience as a legal practitioner of not less than 10 years standing, or
(c) by being an eminent Scholar in Law.
(3) In case the Chairman or any Commissioner is, for any reason unable to act before the revised edition is completed, the Governor may appoint in his stead, some other person as the Chairman, or Commissioner.
(4) In case the Commissioner is unable to complete the work within the specified period as stated in the Instrument of appointment, the Governor may, from time to time by an Order published in the State Government Official Gazette extend the period within which such work may be completed.
3. Tenure of office
(1) A person appointed as the Chairman shall hold office for three years and shall be eligible for re-appointment at the pleasure of the Governor.
(2) There shall be paid to the Chairman and other members of the Commission such salaries and allowance as the Governor may from time to time direct.
4. Power and functions of the Commission
(1) Subject to this Section, the Commission has, in the preparation of the revised edition, the powers and functions mentioned in the Schedule to this Law.
(2) The powers listed in the Schedule to this Law shall not be construed so as to imply a power to make any:
(a) alteration; or
(b) amendment, in the matter or substance of a Law of Ekiti State of Nigeria.
(3) Where the Commission considers it desirable that, in the preparation of the revised edition, there should be, in respect of the Laws of Ekiti State of Nigeria —
(b) omissions; or other amendments, other than those authorized in pursuance of subsection (1) of this section, they may be collected or submitted in the form of one, or more amending Law as the case may be to the Governor through the Attorney-General.
(4) The Commission may, in the preparation of the revised edition take into account-
(a) all amending Laws enacted as a result of a submission in accordance with subsection (3) of this section;
(b) all modifications, adaptations, qualifications, exceptions and other amendments, effected by the First Edition (Laws of Ekiti State of Nigeria, No 8 of 2010)
(c) All amending Laws of Ekiti State expressly required by those Laws to be taken into account, notwithstanding that such a Law is to come into operation after the appointed date.
5. Laws of Ekiti State of Nigeria to be included in Revised Edition
(1) The revised edition shall contain all Laws of Ekiti State of Nigeria having any effect on the appointment date except such of those Laws as the Commission has power to omit in accordance with section 6 of this Law.
(2) The Governor may by an order published in the State Government Official Gazette fix a date as the date when the revised edition shall come into force.
6. Power to omit certain Laws
(1) The Attorney-General may, by order, specify the list of Laws of Ekiti State of Nigeria, or parts thereof, which the Commission needs not include in the revised edition upon the ground that those laws, or parts thereof, are –
(b) of a temporary nature;
(c) under revision with a view to replacement; or
(d) of restricted or personal application.
(2) Laws, or parts thereof, not so included have the same force and validity as if so included in the revised edition.
7. Subsidiary Legislation
(1) Subject to subsection (2) of this section, the revised edition shall contain such subsidiary legislation in force on the appointed date as the Commission, after consultation with the Attorney-General, may, in reference to instruments relating to Local Governments, appoint a date later than the appointed date (called the later date) which event the revised edition shall contain such instruments in force on the later date instead of the appointed date.
(2) In the preparation of the part thereof relating to subsidiary legislation, the Commission has the like power to do all things relating to form and method as is conferred upon it by this Law in respect of the Laws of Ekiti State of Nigeria.
8. Miscellaneous amendments to be included in the revised edition
In the preparation of the revised edition, the Commission shall take into account all miscellaneous amendments contained in Laws, Regulations and Rules of Court as to Titles, Sections, Regulations, Orders or Schedules mentioned in such Laws, and subsidiary legislation.
9. Validity and Operation of revised edition
(1) Subject to sections 4(4) and (6) of this Law, the revised edition, when brought into force in accordance with section 10 shall be in all courts and for all purposes, the sole authentic edition of –
(a) The Laws of Ekiti State of Nigeria enacted on or before the appointed date; and
(b) The subsidiary legislation included in the revised edition.
(2) Section 4 of the Interpretation Law shall apply to the Laws and subsidiary legislation comprised in the revised edition as though the revised edition had repealed those versions of the Laws and subsidiary legislation in force prior to the commencement of the revised edition.
(3) Where in legislation or document of any kind, reference is made to an enactment repealed or affected by the operation of this Law, that reference shall, when necessary and practicable, be construed as applying to the corresponding enactment contained in the revised edition:
Provided that where neither a Law which has not been specifically repealed and is nor an authorized omission, is omitted from the revised edition, such Law shall remain valid.
10. Bringing revised edition into Force
(1) As soon as practicable after completion of the revised edition, the Chairman of the Commission shall transmit a copy to the Attorney-General who shall submit the copy to the Governor for his approval.
(2) Thereafter, the Governor may by order declare that the revised edition shall come into force on the date to be fixed by him.
11. Signature and transmission of copy of revised Laws
One copy of each volume of the revised edition shall be dated and signed by the Chairman, members of the Commission and by the Attorney-General respectively and shall be sealed with the public seal of the Ekiti State of Nigeria, such copy shall be submitted to the Chief Judge of Ekiti State who shall deposit it among the records of the High Court.
12. Distribution of copies
(1) Copies of the revised edition shall be distributed among such persons, authorities, ministries and institutions as the Attorney-General may direct.
(2) Copies of the revised edition shall be offered for sale to the general public.
13. Expenses of preparations and publication
The Accountant-General of Ekiti State may, upon a warrant addressed to him by the state Commissioner for Finance make payment for all expenses for, and incidental to, the cost of the preparation, printing and publication for the revised edition.
14. Where this Law to be reprinted
(1) This Law shall be reprinted in an introduction to the first volume of the revised edition and following such reprint there shall be set out a list of the Laws or parts thereof, which in accordance with Section 6, need not be included in the revised edition.
(2) There shall also be printed in the introduction a list of any Laws commencing after the appointed date which have been taken into account in accordance with paragraph (c) of subsection (4) of section 4.
(1) There shall be appointed by the Commission a Secretary not bellow Grade Level 14 and above, who shall be a legal officer within Ekiti State Ministry of Justice, and shall carry out such duties as may be directed from time to time by the Commission.
(2) In addition to the appointment made under sub-section (1) of this section there shall be appointed by the State Civil Service Commission to assist the Commission in the due performance of its functions under this Law other necessary supporting staff including external consultants where necessary.
16. Service in the Commission to be pensionable
(1) Subject to the provisions of subsection (3) below, persons employed in the Commission shall in respect of their service in the Commission be entitled to pensions, gratuities and other retirement benefits as prescribed under the Pension Reform Act in respect of persons holding equivalent posts; and accordingly, and notwithstanding the provisions of the Pensions Reform Act, it is declared that service in the Commission shall be approved service for the purposes of that Act.
(2) It is hereby declared for the avoidance of doubt that references in this section to persons employed in the Commission do not include references to full-time Commissioners holding high judicial office in respect of whom other provisions relating to pensions, gratuities and other benefits are in force or to part-time Commissioners.
(3) Nothing in this section shall prevent the appointment of a person to any office in the Commission on terms and conditions which preclude the grant of a pension or gratuity in respect of service in that office.
17. Establishment of fund by the Commission
(1) The Commission shall establish and maintain a fund consisting of such monies as may in each financial year be appropriated by the Governor for the purpose of the Commission.
(2) The Commission shall defray from the fund established pursuant to subsection (1) above all the amounts payable under or in pursuance of this Law being sums representing –
(a) amounts payable to the Chairman and other members where applicable;
(b) costs of employment of staff of the Commission;
(c) amounts payable as pensions, gratuities and other retirement benefits or pursuant to this Law or any other enactment;
(d) costs of acquisition and upkeep of premises belonging to the Commission and any other capital expenditure of the Commission.
(e) any other payment for anything incidental to the foregoing provisions or in connection with or incidental to any other function of the Commission under or pursuant to this Law.
(3) The Administrative Secretary to the Commission shall be the accounting officer for the purpose of controlling and disbursing amounts from the fund established pursuant to this section.
18. Accounts and Audit
(1) The Administrative Secretary to the Commission shall in each financial year prepare estimates of recurrent and capital expenditure and, when approved by the Commission, the estimates shall be forwarded through the Attorney-General for approval, by the Governor.
(2) The Administrative Secretary shall keep proper accounts and proper records in relation thereto.
(3) The accounts of the commission shall be audited by an auditor appointed annually by the Commission.
19. Annual reports
(1) In addition to any other report prescribed under this Law the Commission shall prepare and submit to the State Executive Council, through the Attorney-General, not later than 30th October in each financial year, a report on the activities of the Commission during the immediate preceding financial year, and shall include in such report a copy of the audited accounts of the commission for that year and the auditor’s report thereon.
(2) The Commission may, from time to time, publish general reports on its activities for sale to members of the public.
(1) The Commission shall have power to regulate its proceedings and may make standing orders for that purpose and, subject to any such standing orders and to subsection (2) below may function notwithstanding –
(a) any vacancy in its membership or the absence of any member;
(b) any defect in the appointment of a member; or
(c) that a person not entitled to do so took part in the proceedings.
(2) Where standing order made under subsection (1) above provide for the Commission to co-opt persons who are members of the Commission, such persons may attend meetings of the Commission and advise it on any matter referred to them by the Commission but shall not count towards a quorum and shall not be entitled to vote at any meeting of the Commission.
21. Appointment of Standing and Ad-hoc Committee
(1) Subject to its standing orders, the Commission may appoint such number of standing and adhoc committees as it thinks fit to consider and report on any matter with which the Commission is concerned.
(2) Every Committee set up under this section shall be presided over by a member of the Commission and shall be made up of such number of other persons (who need not be members of the Commission).
(3) The quorum at any meeting of the Commission shall be two of whom at least one shall be a part-time Commissioner.
In this Law unless the context otherwise requires –
“Attorney-General” means the Attorney-General and Commissioner for Justice of Ekiti State;
“Chairman” means the Chairman of the Commission;
“Executive Council” means the Executive Council of Ekiti State.
“High Judicial Office” means any judicial office not below the office of a High Court Judge;
“Laws of Ekiti State of Nigeria” or “Law of Ekiti State of Nigeria” means a law enacted, or having effect as if enacted by the Ekiti State House of Assembly or any other appropriate authority by virtue of the powers conferred by the Constitution of the Federal Republic of Nigeria 1999 as amended.
“Revised Edition” means the revised of the Laws of Ekiti State of Nigeria as defined under section 1 of this Law;
“Subsidiary legislation” means all rules, regulations, by laws, order, and notices and other instruments having the effect of Law made or issued under a Laws of Ekiti State of Nigeria or by a prescribed authority in Ekiti State under an enactment.
(1) This Law may be cited as the Law Review Commission Law, 2013. (Laws of Ekiti State of Nigeria) BILL, 2013.
(1) To omit –
(a) all legislations under the 5 volumes of Laws of Ekiti State 2012, and subsequent amendments which have been expressly and specifically repealed or which have expired, or have become spent or have had their full effects;
(b) all legislations made in the Annual Laws of Ekiti State from 2009 up to date together with their subsequent amendments which have been expressly and specifically repealed or which have expired or have become spent or have had their full effect;
(c) all repealing legislations contained in the 5 volumes of Laws of Ekiti State and in the Annual Laws of Ekiti State up to date as mentioned in paragraph (a) and (b) under schedule A of this Schedule;
(d) all enacting clauses;
(e) all legislation prescribing the date when a Law or part of a Law is to come into operation, where such omission can, in the opinion of the Commission, conveniently be made;
(f) all amending Laws or parts thereof where the amendments effected thereby have been embodied by the Commission in the Law to which they relate.
(2) To consolidate into one legislation any two or more legislation in part material making the alterations thereby rendered necessary and affixing such date thereto as may seem most convenient.
(3) To alter the order of section in any Law or regulation and in all cases where it may appear to be necessary to renumber any sections.
(4) To alter the form or arrangement of any section by transferring words, by combining it in whole or part with another section or other sections or by dividing it into two or more subsections.
(5) To divide Laws whether consolidated or not, into parts or divisions.
(6) To transfer any provisions contained in legislation from that legislation to any other legislation to which the Commission considers that it more properly belong.
(7) To arrange the Laws whether consolidated or not, in any sequence or group that may be convenient.
(8) To add a title or short title to any Law which may require it and to alter the title or short title of any Law.
(9) To supply or alter marginal notes – or convert marginal notes to head-notes.
(10) To supply or alter tables of contents.
(11) To correct cross-references
(12) To shorten and simplify the phraseology of an enactment.
(13) To correct grammatical and typographical errors in Laws and for that purpose to make additions, omissions or alterations not affecting the meaning of any Law.
(14) To make such formal alterations as to names, localities, offices and otherwise as may be necessary to bring any law into conformity with the circumstances of any part of the Federation.
For the purposes of this Law, it shall be the duty of the Commission –
(a) to receive and consider any proposals for the review, or revision or modification of the Law which may be made or referred to it by the Attorney-General or referred to the Attorney-General by the Federal Attorney-General which in turn was referred to it by the Attorney-General on matters including the review and modification of the draft Laws of the pre-1900 legislations prepared by the Nigerian Law Reform Commission;
(b) to prepare or initiate programmes for the examination of different branches of the Law with a view to review or reform;
(c) to prepare from time to time comprehensive programmes of consolidation and statute Law revision, and undertake the preparation of draft legislation pursuant to any such programme;
(d) for efficient performance of its functions, to hold public sittings concerning any programme for Law review as it may consider necessary from time to time.
Made this ………………………..day of ……………………….2013
JOHN KAYODE FAYEMI
GOVERNOR, EKITI STATE.
EKITI STATE OF NIGERIA
EKITI STATE LAW REVIEW COMMISSION BILL, 2013
ARRANGEMENT OF SECTIONS
- Establishment of the Ekiti State Law Review Commission
- Appointment of Members of the Commission
- Tenure of office
- Power and functions of the Commission
- Laws of Ekiti State of Nigeria to be included in revised edition
- Power to omit certain Laws
- Subsidiary Legislation
- Miscellaneous amendments to be included in the revised edition
- Validity and Operation of revised edition
- Bringing revised edition into Force
- Distribution of copies
- Expenses of preparations and publication
- Where this Law to be reprinted
- Administrative Secretary
- Service in the Commission to be pensionable
- Establishment of fund by the Commission
- Accounts and Audit
- Annual reports
- Appointment of Standing and Ad-hoc Committee