MASTERS DEGREE IN LAW (LLM), LEGISLATIVE DRAFTING​​

MASTERS DEGREE IN LAW (LLM), LEGISLATIVE DRAFTING​

MASTERS DEGREE IN LAW (LLM), LEGISLATIVE DRAFTING

The National Institute for Legislative and Democratic Studies (NILDS), in affiliation with the University of Benin, offers Masters Degree in Law (LLM), Legislative Drafting. The Masters Degree programme is offered in fulfilment of the mandate of the Institute to, among other things, provide opportunities for continuing education in democracy and legislation. It also serves to improve the capacity of legislators and legislative staff/aides in legislative practice and procedure. The mandate was inspired by the experiences of both the more developed and the many less-developed countries in their struggles to build and sustain democratic governance, institutions, and practices.

The Masters degree in Law (LLM), Legislative Drafting is designed to meet the needs of seasoned drafters of legislation for legislatures.

The specific objective of the Programme is to train lawyers in the art and science of Legislative Drafting to cover every conceivable area of human endeavour that is subject to legislation, and to enhance their skills in legislative drafting for quality legislation and good governance.

  1. Matriculation requirements of 5 credits including English Language;
  2. A bachelor's degree in Law from a recognized university, with a minimum of Second Class Lower Division;
  3. Must have been called to the Bar; and
  4. NYSC discharged certificate or exemption.

The duration of the full-time LLM Legislative Drafting programme is a minimum of four (4) semesters and a maximum of six (6) semesters.

 

General Compulsory Courses: 12 units
Core Courses: 24 units
Elective Courses: 9 units
Dissertation: 6 units
Total: 51 units

General Compulsory Courses: CREDIT
GLC 800: NIGERIA: ECONOMY, STATE AND SOCIETY 3
GLC 801: LEGAL RESEARCH METHODS AND REPORT WRITING 3
GLC 802: PUBLIC POLICY AND ADMINISTRATIVE GOVERNANCE 3
MLL 820: SEMINAR (LAW-MAKING AND LAW REFORMS) 3

Core Courses: CREDIT
MLL 801: LEGISLATIVE PROCESS & DRAFTING 3
MLL 803: LEGISLATIVE STYLE, SYNTAX EXPRESSION 3
MLL 805: LEGISLATIVE STRUCTURE AND ARRANGEMENT 3
MLL 802: PENAL AND SUBSTANTIVE PROVISIONS 3
MLL 806: COMPARATIVE LEGISLATIVE DRAFTING 3
MLL 811: SUBSIDIARY LEGISLATION & AMENDMENT 3
MLL 813: ADVANCED CONSTITUTIONAL LAW 3
MLL 812: STATUTE LAW REVISION AND INTERPRETATION OF STATUTES 3
MLL 830: Dissertation 6

Elective Courses: CREDIT

MLL 807: ADVANCED ADMINISTRATIVE LAW 3

MLL 808: CRIMINOLOGY AND PENOLOGY 3

MLL 809: ENVIRONMENTAL LAW 3

MLS 804: THE DEMOCRATIC PROCESS 3

MPD 801 PARLIAMENTS IN THE MODERN WORLD: CONTEMPORARY ISSUES 3

GEC 801: ELECTORAL PROCESS 3

GEC 802: CHALLENGES FOR AFRICAN LEGISLATURES 3

GEC 803: POLITICAL PARTIES AND PARLIAMENTARY POLITICS 3

GEC 804: LAW, DEVELOPMENT AND SOCIAL CHANGE 3

GEC 805: LABOUR LAW & INDUSTRIAL RELATIONS 3

GEC 806: INTERNATIONAL LAW 3

MPA 806: CIVIL-MILITARY RELATIONS 3

COURSE DISTRIBUTION: CREDIT

1st YEAR-SEMESTER I 3

GLC 800: NIGERIA: ECONOMY, STATE AND SOCIETY 3

MLL 801: LEGISLATIVE PROCESS & DRAFTING 3

MLL 803: LEGISLATIVE STYLE, SYNTAX EXPRESSION 3

MLL 805: LEGISLATIVE STRUCTURE AND ARRANGEMENT 3

1 ELECTIVE COURSE 3

SEMESTER II: CREDIT

MLL 802 PENAL AND SUBSTANTIVE PROVISIONS 3

MLL 806 COMPARATIVE LEGISLATIVE DRAFTING 3

MLL 812 STATUTE LAW REVISION & INTERPRETATION OF STATUTES 3

GLC 802 PUBLIC POLICY AND ADMINISTRATIVE GOVERNANCE 3

1 ELECTIVE COURSE 3

2nd YEAR-SEMESTER I: CREDIT

MLL 811: SUBSIDIARY LEGISLATION & AMENDMENT 3

GLC 803: LEGAL RESEARCH METHODS & REPORT WRITING 3

MLL 813: ADVANCED CONSTITUTIONAL LAW 3

MLL 820: MLD SEMINAR ((LAW-MAKING AND LAW REFORMS) 3

1 ELECTIVE COURSE 3

SEMESTER II: CREDIT

MLL 830 DISSERTATION 6

TOTAL: 51

GLC 800: NIGERIA-ECONOMY, STATE AND SOCIETY

Historical background; nation building; federalism and mass politics (political participation and voting, political parties, the news media); the economy: evolution, structure and management; governing institution: the Legislature, the Executive, and Judicial system; foreign policy and defence; the society: social structure, culture; state and civil society; contemporary economics, social and political problems of Nigeria.

GLC 801: LEGAL RESEARCH METHODS AND REPORT WRITING 

Introduction of meaning and types of legal research. Discussion on the general objectives for embarking on legal research. Drafting of legal research topic and understanding your research philosophy. Exploring research data collection and analysis methods in legal research and legal research ethics. Different stages and aspects of legal research writing. The Meaning, development and writing of a legal research proposal. Conducting a literature search and conducting a literature review in law, respectively. Guidelines for developing research questions, and guidelines for dissertation structure and style in legal research. Materials on Bibliography and referencing style in legal research. Publishing research papers.

GLC 802: PUBLIC POLICY AND ADMINISTRATIVE GOVERNANCE

This course on Public Policy and Administrative Governance will aim at familiarising students with the complexities of Governance and Policy Processes. Students will be equipped with public policy-making policy formulation and implementation and the dynamics that influence policy formulation. Discuss policy implementation in the context of various theories of organization. It focuses on the politics of policy implementation providing the students with the knowledge of how socio-economic and political forces influence policy implementation. It tries to acquaint the students with the process of policy evaluation. Finally, the course will also bring together academic expertise and practical experience, by inviting policy practitioners to present case studies on issues of policy or administrative concern.

MLL 801: LEGISLATIVE PROCESS AND DRAFTING

General considerations and stages in the preparation of legislation; initiating legislation, instructing the drafter; Stages in the Drafting Process: Understanding Instructions, Analysing Instructions, Designing the legislation, composing the Text, Scrutinizing the draft; the role of a Legislator, Rules of Drafting
Legislative Drafting: Historical Development of Legislative drafting: Drafting and drafter; The role and responsibilities of Legislative drafter; Drafting Legislation: (a) Bill (b) Legislation (c) Functions of legislation, Types of Legislative Instruments, Executive instruments; Types of Executive Instruments; Classification of Statutes, Drafting Office and its Management, Drafting of Treaties and Conventions; Methods to give legislative intent to a Treaty; International Law and its effect
Drafting Tax Legislation: Concepts and principles of taxation; Evolution of taxation; What is Tax Legislation? Interpretation of Tax Legislation.

MLL 803: LEGISLATIVE STYLE, SYNTAX AND EXPRESSION

Importance of Grammar, Legislative sentence; Types of legislative sentence; The principal subject, verbs, predicate and modifiers; Choosing the appropriate auxiliary; Punctuation in legislation; Legislative style; What could go wrong with subject, verbs and modifiers; Seven C's of Legislative Drafting; Drafting in a Gender-Neutral style

MLL 802: PENAL AND SUBSTANTIVE PROVISIONS

Penal Provisions: Penal Provisions, Content of penal provisions, Drafting Penal Provisions; Substantive Provisions: What are Substantive Provisions, Contents of Substantive Provisions, Establishment of a Statutory body: Governing Board or Council, Objectives, Functions and Powers of Agency, Structure of Agency, Financial Provisions; Regulations.

MLL 805: LEGISLATIVE STRUCTURE AND ARRANGEMENT

Arrangement of provisions; Preliminary Provisions: Long title and Preambles, Commencement, Enacting formula, Short Title, Interpretation, Application; Using paragraphs; Linking Sentences in a Section; Linking Sections; Application provisions; Extraterritorial Legislation; Retroactive and Retrospective Provisions; Savings and Transitional Provisions; Schedules.

MLL 806: COMPARATIVE LEGISLATIVE DRAFTING

Law Making Process in Nigeria: Historical Overview of the Nigerian Legislature, Powers, Privileges and Immunities of the Legislature, Legislature and Executive Relations, Administrative Structure of the National Assembly, Tracking, Storage and Retrieval of Legislative Documents, Establishment of a new Parliament, How a bill becomes a law, Committees System, Public Investigative hearing Legislative reports. Comparative Legislative Drafting: The characteristics of commonwealth drafting style, the characteristics of non-commonwealth drafting style.

MLL 807: ADVANCED ADMINISTRATIVE LAW

Historical development of the common law and civil law, public law and political institutions in common and civil law systems, the administration-terminology and definition, the scope and function of administrative law, the structure of central government, the decentralisation of power, rationalisation of the central government, the functions of central government, policy implementation, allocation of power, administration and decision-making procedures; the civil service, legislative powers of the administration: classification, content, control, review. Judicial powers of the administration-administrative tribunals, public enquiries, domestic tribunals, counsel d' Flat, judicial review and its limitations, administrative remedies, French system of droit administrative other controls over administrative action- maladministration, ombudsman, select committees, informal popular control, public corporations, state liability/liability of public officers.

MLL 808: CRIMINOLOGY AND PENOLOGY

Definition of crimes, legal types of crime, the courts and crime, traditional and modern concepts of crime, procedural problems of criminological interests, criminology or sociology of deviance, criminology and sociological method, causes of crime-physical, psychological, sociological and economic, labelling theory and criminal behaviour, specific analysis of causes of particular types of criminal behaviour, eg juvenile offences, female offences and others, legal and sociological aspects of sexual offences, legal principles in relation to insanity, mental deficiency and other forms of mental incapacity, criminological aspects of victimless crimes, the casting and criminology of enforcement, criminological forecasting and planning, philosophies of punishment, correction and treatment, analysis of different forms of punishment or treatment of offenders, effects of punishment on offenders, society, execution (detention, probation, parole), penological aspects of crime prevention, the correction of the convicted.

MLL 807: ADVANCED ADMINISTRATIVE LAW

Historical development of the common. law and civil law, public law and political institutions in common and civil law systems, the administration terminology and definition, the scope and function of administrative law

MLL 809: ENVIRONMENTAL LAW

Development, Scope and sources of Environmental Law; The benefits of Environmental Law; Principles of Environmental Law: Application of the Principles of Polluter Pays, User Pays, Precautionary, Pollution Prevention Pays, Inter-generational Equity and Intra-generational Equity; Policy and Legal analysis on the prevention and control of Air, Land, Water and Noise Pollution/ Deforestation; Emerging issues of Disaster risk management, Natural Resource Management, Waste management.

MLL 811: SUBSIDIARY LEGISLATION & AMENDMENT

Subsidiary Legislation: Importance of Subsidiary Legislation, Types of Subsidiary Legislation; Advantages and Disadvantages of Subsidiary Legislation; Preparatory procedure: Avoiding ultra vires instrument; Form and content of Subsidiary Instrument: Characteristic features; Parliamentary scrutiny and post-enactment procedure; Initiating legislation; Instructing the drafter; Stages in the Drafting Process: Understanding the instructions, Analysing Instructions, Designing the legislative Plan, Composing the Text; Scrutinizing the draft.

Amendment: Amendment and its implication; Process of amending legislation; Language used in amending legislation; Types of Amendments; Textual amendments; Non-Textual amendments 

Plain Language: Theories and History of Plain Language; Grammatical and Legal Plain Language; Principles and Objectives of Plain Language; Techniques of Plain Language; Avoidable in Plain Language.

MLL 812: STATUTE LAW REVISION AND INTERPRETATION OF STATUTES

Law Reform: Law Revision; Consolidation; Codification; Judicial interpretation and the role of the court in law-making: The role of the drafter in statutory interpretation; Legislation, court and society; Rules of interpretation; Purposive approach to interpretation; Statutory aid to interpretation; Presumptions; Interpretation Act and its application in legislative drafting.

MLL 813: ADVANCED CONSTITUTIONAL LAW

Constitutional Law I: Historical Development and Amendment of Constitution; General constitutional concepts: Rule of Law, Separation of Powers, Independence of Judiciary, Interpretation Act and its application in legislative drafting: Fundamental Rights and fundamental objectives; Legislative, Executive and Judicial Powers.
Constitutional Law II: Judicial decisions and its application in legislative drafting: Separation of Powers and its effect in legislative drafting: Judicial Review of Administrative actions and its limitations; The Ombudsman; Constraints from International Treaties and Conventions: Domestication of treaties and conventions, Effect and importance; Complying with treaty provisions which require domestic application; Methodology for determining treaty provisions which require application.

MLL 820: LAW-MAKING AND LAW- REFORM SEMINAR

Role of Law in society; Law-making powers: Law-making processes; the need for Law Reform. Distinguishing Law Reform from Law Review and Law Revision

MLS 802: DEMOCRATIC PROCESS

Overview of democracy: Dynamics of democracy, Imperatives of good governance. Democratic consolidation.

MPD 801: PARLIAMENTS IN THE MODERN WORLD CONTEMPORARY ISSUES

Evolution of the Contemporary Parliament; How Legislatures have changed over time; Parliaments in Comparative Perspective; Advance Democratic Governance. Contemporary Issues in Parliamentary Administration, Parliamentary Oversight; Role of Parliament in Curbing Corruption; Role of Parliaments in Poverty; Reduction; Women and Parliament; Parliaments in Conflict Affected Countries; Improving parliamentary administration and finance; E-Parliament.

GEC 801: THE ELECTORAL PROCESS

How legislators are elected significantly affects the composition and outlook of the legislature. This course will examine Nigeria's electoral process and review the problems and environmental factors that affect, shape and constrain the operation of the electoral process: Features of the electoral process; Mechanism for resolving electoral disputes; preserving the integrity of INEC; Dealing with electoral malpractice.

GEC 802: CHALLENGES FOR AFRICAN LEGISLATORS

Legislators in Africa often face unique challenges that are rarely encountered by their counterparts in established democracies. This course will examine Africa's unique problems and how these problems affect and constrain the exercise of legislative powers: An overview of the Nigerian society, the Role and influence of political parties in the legislature; Contextual realities in which legislators function; Problems and challenges for legislators in Nigeria

GEC 803: POLITICAL PARTIES AND PARLIAMENTARY POLITICS

Political parties represent the driving force in the enterprise of constitutional democracy. They serve as clearing houses and staging areas for the country's political elites to launch their political careers, articulate issues of importance to the country and offer citizens the option to choose from different and competing prescriptions presented by the parties. Political parties assume central importance in Nigeria because independent candidacy is not allowed by the Constitution.
This course will examine role and place of political parties in the DEMOCRATIC PROCESS Critical issues to be examined include the role, powers, and constraints of political parties, the powers and influence of political parties in the legislature, and the relationship between legislators and their political parties: Functions and activities of political parties; Reaction of political parties to Nigeria's social, political and economic realities; Relationship between political parties and legislators; Role of political parties in shaping legislative outcomes.

GEC 804: LAW, DEVELOPMENT AND SOCIAL CHANGE

Law is generally the government's chief vehicle for change and development. This course aims to give students an understanding of how the law is used to catalyse development and promote social change: An overview of different theories of law; an Understanding the use of law as an instrument of social change and development; Examine the interplay between law and various aspects of the society; Role and limits of law as a mechanism for influencing human behaviour

MPA 806: CIVIL-MILITARY RELATIONS

The question of the proper balance between the armed forces and the civilian political leadership is a key feature of politics. In the most extreme cases, the military itself takes power. In established democracies, civil-military relations do not take this extreme form, but there are still important debates about the proper degree of military influence over defence and foreign policy and the degree to which military policy should be responsive to broader social and cultural values. This course will especially examine the role of the military in non-democratic, developing states and emerging democracies. In general, when political decay is present, the military has an opportunity for an expanded political role. Topics to be examined include military coup-d'état, the garrison state, bureaucratic authoritarianism, paramilitaries, mercenaries and the experience of the modern soldier and new technology.

GEC 805: LABOUR LAW & INDUSTRIAL RELATIONS

Sources of Labour Law (Nigeria, some Common Law countries), contract of employment meaning, formation of contract of employment and the Doctrine of Restraint of Trade; Employers' Liability for the tort of Workers Vicarious Liability; Implied terms and obligations of parties to Industrial Relations - Duties of workers to employer, and the common duty of care for workers; Occupational Safety and Compensation for employment injuries; Determination of contracts of employment - types of employment Statutory and Quasi Statutory employment, master/servant employment and employment at the grace of the master; collective aspect of Industrial Relations Legal framework for Collective Bargaining Agreements; Trade Disputes Settlement Machinery in Nigeria; Globalisation and its effect on Labour/Management Relations; Industrial Democracy & The Right to Privacy in the workplace.

GEC 806: PUBLIC INTERNATIONAL LAW

This course is an introduction to the subject of public international law, which is traditionally regarded as the law applicable to inter-state relations. It addresses the background, subjects and sources of international law; application of international law; states and international organizations as subjects of international law; state jurisdiction over citizens, land, water and outer space; state responsibility for violations of international law; state and diplomatic immunities; the United Nations system; and lawful use of force.

MLL 830: DISSERTATION

A student shall carry out research in any area of specialization in his/her discipline and submit an acceptable dissertation of 6 credit units.

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