By: Sunny Orbih
Veritas University Abuja
In a democracy, the separation of powers among the legislature, judiciary, and executive is a fundamental principle designed to ensure checks and balances, prevent the concentration of power, and safeguard the rights of citizens. Each arm of government has distinct yet interconnected roles. The legislature is responsible for making laws, the judiciary interprets them, and the executive implements them. However, the effectiveness of this system hinges on the competence and expertise of those entrusted with these responsibilities. In Nigeria, the recurring challenges in governance, particularly in the legislative process, underscore the need for lawmakers; not only to be politically savvy but also legally knowledgeable. This article argues and proposes that a Nigerian legislator should as a requirement possess a law degree to ensure effective legislation, minimize legal disputes, and uphold the rule of law.
Legislators are the architects of a nation’s legal framework. They draft, debate, and propose laws that regulate society, protect citizens’ rights, and guide the functioning of government institutions. Given the complexity of modern governance, lawmaking requires a deep understanding of existing laws, constitutional principles, and the potential implications of new legislation. Unfortunately, in Nigeria, many lawmakers lack this foundational knowledge, some possessing just a certificate of attempting ordinary level Examination, leading to poorly conceived and drafted laws, legal ambiguities, and frequent clashes between new legislation and existing statutes.
The 2023 general elections in Nigeria highlighted the consequences of this legislative inadequacy. One of the most contentious issues was the interpretation of Section 134(2)(b) of the 1999 Constitution, which stipulates the conditions for a presidential candidate to be declared duly elected. The clause requires a candidate to secure at least one-quarter of the votes cast in two-thirds of all states (And) the Federal Capital Territory (FCT), Abuja. The inclusion of the word “And” in relation to the FCT sparked significant legal disputes, as parties debated whether the FCT should be treated as a separate entity or as part of the states. This ambiguity led to months of litigation, from the election tribunals to the Supreme Court, consuming valuable time and resources.
Similarly, the mandatory electronic transmission of election results, as stipulated in Section 64(5-7) of the Electoral Act 2022, became a focal point of legal battles. The Independent National Electoral Commission (INEC) was required to transmit results from polling units to the INEC Result Viewing Portal (IREV) using the Bimodal Voter Accreditation System (BVAS). However, inconsistencies in the implementation of this provision raised questions about its clarity and enforceability. These examples underscore the need for lawmakers who can anticipate potential legal conflicts and draft legislation that is clear, precise, and aligned with constitutional principles.
The ongoing debate over the independence and financial autonomy of local governments underscores the critical need for lawmakers with strong legal expertise. In 2024, President Ahmed Tinubu had to seek clarity from the Supreme Court of Nigeria on constitutional provisions regarding local government autonomy, as state governments continued to encroach on their functions and finances. A notable example is currently playing out in Edo State, where the newly elected governor; using the instrument of state assembly; suspended all local government chairmen thereby raising concerns about constitutional overreach and the erosion of democratic rights. Lawmakers with legal backgrounds would be better positioned to scrutinize such actions, ensure due process, and uphold the rule of law.
The challenges arising from poorly drafted laws and legal ambiguities could be mitigated if legislators possessed a strong legal background. A first degree in law equips individuals with the knowledge and skills necessary to understand the intricacies of legal systems, interpret statutes, and identify potential conflicts between proposed bills and existing laws. Legislators with legal expertise are better positioned to craft well-designed legislation that serves the best interests of the people and aligns with constitutional principles.
Moreover, legal expertise enables lawmakers to critically evaluate the advice and drafts provided by their legal aides and consultants. While it is common for legislators to rely on legal experts for assistance, the risk of being misled or misinformed is significantly higher if the lawmakers themselves lack a basic understanding of the law. A legislator with legal knowledge can identify errors, inconsistencies, or unconstitutional provisions in proposed bills and make necessary amendments before they are passed into law.
In addition to improving the quality of legislation, lawmakers with legal backgrounds can contribute to more efficient governance by reducing the burden on the judiciary. Flawed or ambiguous laws often result in legal challenges that require judicial interpretation. These disputes not only strain the judicial system but also delay the implementation of policies and programs. By ensuring that laws are clear, consistent, and constitutionally sound, legally knowledgeable legislators can minimize the need for judicial intervention and promote the smooth functioning of government.
While advocating for legislators with legal expertise, it is essential to preserve the independence of the judiciary. The judiciary plays a critical role in interpreting laws, adjudicating disputes, and safeguarding citizens’ rights. Its independence ensures that laws are applied impartially and that the principles of justice and fairness are upheld. Therefore, the goal should not be to merge the roles of the legislature and the judiciary but to strengthen the capacity of lawmakers to perform their duties effectively.
A balanced approach would involve equipping legislators with the necessary legal knowledge while maintaining the judiciary’s role as the ultimate arbiter of legal disputes. This balance can be achieved through measures such as mandatory legal training for lawmakers, collaboration between legal experts and legislators during the drafting process, and the establishment of legislative review committees to assess the constitutionality of proposed bills.
The importance of having legislators who are well-grounded in law cannot be overemphasized. In a democracy, the quality of legislation directly impacts governance, the protection of citizens’ rights, and the stability of the legal system. By ensuring that lawmakers possess at least a first degree in law, Nigeria can improve the effectiveness of its legislative process, minimize legal disputes, and uphold the rule of law. However, this must be done in a way that respects the independence of the judiciary and maintains the separation of powers. Striking this balance is crucial for building a just, fair, and thriving democracy that serves the best interests of all citizens. ©®2025
