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    List of Acts Passed by NASS in 2016

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    Onyenaturuchi David
    Here are the key points regarding statutory interpretation: - Statutes must be interpreted based on the ordinary meaning of the words used by the legislature. However, where a literal interpretation would lead to an absurdity or defeat the purpose of the statute, the court can depart from a strict literal interpretation. - When interpreting statutes, the court considers both intrinsic and extrinsic materials. Intrinsic materials include elements within the statute like the preamble, long title, definitions, and schedules. Extrinsic materials outside the statute like dictionaries, legislative history, and other statutes may also be considered. - Certain canons or maxims of interpretation provide guidance for resolving ambiguities, including: - Noscitur a sociis - the meaning

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    List of Acts Passed by NASS in 2016

    Uploaded by

    Onyenaturuchi David
    45 views6 pages
    Here are the key points regarding statutory interpretation: - Statutes must be interpreted based on the ordinary meaning of the words used by the legislature. However, where a literal interpretation would lead to an absurdity or defeat the purpose of the statute, the court can depart from a strict literal interpretation. - When interpreting statutes, the court considers both intrinsic and extrinsic materials. Intrinsic materials include elements within the statute like the preamble, long title, definitions, and schedules. Extrinsic materials outside the statute like dictionaries, legislative history, and other statutes may also be considered. - Certain canons or maxims of interpretation provide guidance for resolving ambiguities, including: - Noscitur a sociis - the meaning

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    List of Acts Passed by NASS in 2016

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    Here are the key points regarding statutory interpretation: - Statutes must be interpreted based on the ordinary meaning of the words used by the legislature. However, where a literal interpretation would lead to an absurdity or defeat the purpose of the statute, the court can depart from a strict literal interpretation. - When interpreting statutes, the court considers both intrinsic and extrinsic materials. Intrinsic materials include elements within the statute like the preamble, long title, definitions, and schedules. Extrinsic materials outside the statute like dictionaries, legislative history, and other statutes may also be considered. - Certain canons or maxims of interpretation provide guidance for resolving ambiguities, including: - Noscitur a sociis - the meaning

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    © All Rights Reserved
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    45 views6 pages

    List of Acts Passed by NASS in 2016

    Uploaded by

    Onyenaturuchi David
    Here are the key points regarding statutory interpretation: - Statutes must be interpreted based on the ordinary meaning of the words used by the legislature. However, where a literal interpretation would lead to an absurdity or defeat the purpose of the statute, the court can depart from a strict literal interpretation. - When interpreting statutes, the court considers both intrinsic and extrinsic materials. Intrinsic materials include elements within the statute like the preamble, long title, definitions, and schedules. Extrinsic materials outside the statute like dictionaries, legislative history, and other statutes may also be considered. - Certain canons or maxims of interpretation provide guidance for resolving ambiguities, including: - Noscitur a sociis - the meaning

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    QUESTION 1: LIST OF ACTS SUCCESSFULLY PASSED BY NASS IN 2016

     2016 Appropriation Bill

     Federal Roads Authority (Establishment, etc) Act 2016

     National Assembly Budget and Research Office (Establishment, etc) Act2016

     Mutual Assistance in Criminal Matters Act 2016

     Federal Capital Territory Statutory Appropriation Act (Amendment) Act 2016

     National Lottery Act 2005 (Amendment) Act 2016

     Electoral Act №6 2010 (Amendment) Act 2016

     Public Procurement Act (Amendment) Act 2016

     Petroleum Industry Governance Act 2016

     National Inland Waterways Act Cap N47 LFN 2004 (Repeal and Re-enactment) Act 2016

     Nigerian Ports and Harbours Authority Act (Amendment) Act 2016

     JAMB (Amendment) Act 2016

     Nigerian Customs Service Act 2016 a

     Nigerian Customs Service Act (Repeal and Re-enacment) Act 2016

     Warehouse Receipts Act 2016

     Secured Transactions in Movable Assets Act 2016

     Sexual Harassment in Tertiary Educational Institution Act 2016

     Federal University of Wukari (Establishment, etc) Act 2016

     Maritime University of Nigeria, Okerenkoko (Establishment, etc) Act 2016

     2016 FCT Appropriation Act

     Compulsory, Free Universal Basic Education Act 2004 (Amendment) Act 2016 and

    Universal Basic Education Act 2003 (Amendment) Act 2016

     Presidential Inauguration Act 2016

     National Institute for Hospitality and Tourism (Establishment, etc) Act 2016

     Federal University of Agriculture Kaaba (Establishment, etc) Act 2016


    QUESTION 2: OTHER PLACE TO FIND LEGISLATIONS ENACTED BY NATIONAL
    ASSEMBLY
     National gazette
     Compendium of Laws of the Federation of Nigeria (LFN)

    QUESTION 3: ARRANGEMENT OF LEGISLATION IN DESCENDING ORDER


     The Constitution
     Act of National Assembly
     Law of a State House of Assembly
     Local Government Bye Laws

    QUESTION 4: STAGES OF LEGISLATIVE PROCESS AS CAPTURED BY SANNI


     Origination of the Bill through a representative in Parliament, a relevant committee or the
    executive or its agency
     First Reading
     Second Reading
     Committee Stage
     Committee Report
     Third Reading
     Voting (simple majority or two third majority)
     Concurrence by the other House
     Presidential Assent
    QUESTION 5: OPINION

    DIKE & CO
    LEGAL PRACTITIONERS
    Plot 502, Ademola Adetokunbo Street, Wuse 2, Abuja

    Mr. Honourable,
    Three Arms Zone
    National Assembly Complex
    F.C.T. Abuja
    Sir,
    LEGAL OPINION ON LEGISLATIVE PROCESS
    The above subject matter refers.
    We write in response to your instruction on the above subject matter. After a
    thorough consideration of your instruction, we have identified three major issue of
    concern to you {viz;}
    1. The process that will be followed to transmute your proposed Bill into a
    valid Act,
    2. Factors that may influence argument for and against the Bill
    3. What the implication will be if the bill is purportedly made an Act without
    following the required process
    These issues shall be considered seriatim, and opinion giving accordingly.
    1. On the Process to Transmute a Bill into an Act
    The procedure for the passage of a bill to law in a civil and organized democracy
    starts from the proposal of the said bill. The proposal may originate from a private
    individual, or groups and processed through their representative in parliament or an
    appropriate House Committee on the subject matter. Alternatively, it may also be
    proposed/introduced by the executive or any of its agency. Whatever the source of
    the proposal, it will, at the preliminary stage, pass through governmental
    departments in the Ministry of Justice and other relevant Ministry, and shall also
    undergo the following stages before it can transmute into an Act:
     First Reading: To intimate the legislators with the subject matter of the
    proposed law
     Second Reading: The general import of the bill is discussed and questions
    are asked on it
     Committee Stage: A detailed debate (the bill may witness a drastic
    amendment at this stage)
     Committee Report: Presented for further consideration by the House
     Third Reading: read for the third and final time
     Voting (simple majority or two third majority): a vote is called for the
    purpose of passing the bill into law
     Concurrence by the other House: Send to the other house
     Presidential Assent:

    2. On Factors that may influence argument for and against the Bill
    In intending a bill for an Act, recourse must be had on its implementation, in other
    words, which ministry or agency will oversee its enforcement, will there be need
    for the Act to establish an enforcing body/agency? are there laws in existence that
    already contemplates or caters for the purpose for which the proposed law is
    intended to serve. These and many more may influence argument for and against
    the proposed bill
    3. On what the implication will be if the bill is purportedly made an Act
    without following the required process
    An ill-considered or hurriedly passed bill will sooner or later run into problems of
    implementation or the impracticability of enforcement. The Act may also be
    nullified in part of full where it conflicts with an existing legislation.
    It is therefore, our professional opinion that you conduct a thorough research and
    ensure to follow the due process for passing a legislation.

    Please accept the assurances of our professional regards

    Yours faithfully,

    Chisom Dike, Esq


    QUESTION 1: LIST AND EXPLAIN THE CANONS OF INTERPRETATION
     Literal Rule: the literal rule is the principle/rule of interpretation that states that statutes
    are to be interpreted according to the ordinary, natural and literal meaning of the words of
    the statute. In other words, the intention of parliament is to be ascertained from the
    ordinary natural and literal meaning of the words used in the Statute. See Sussex Peerage
    (1844) 8 ER 1034
     Golden Rule: The golden rule means that where the literal meaning of words will lead to
    an absurd result, a court should adopt an interpretation that avoids absurdity. Here the
    ordinary meaning of words of statute will be departed from where adopting them will
    lead to absurdity. This rule was formulated by Baron Parke in Becke v. Smith (1836) 150
    ER 724
     Mischief Rule: the Mischief Rule, means that a statute should be interpreted to deal with
    the mischief it was enacted to cure. Per Edward Coke in Heydon’s Case
     Ejusdem Generis Rule: This rule states that where particular words are followed by
    general words, the general words are to be limited to the same kind as the particular
    words. It is a rule of interpretation that covers things of the same nature, specie, or kind
     Noscitur a Sociis: this rule states that the meaning of a word can be gathered from its
    context.

    QUESTION 2
     Ejusdem Generis Rule: This rule states that where particular words are followed by
    general words, the general words are to be limited to the same kind as the particular
    words. It is a rule of interpretation that covers things of the same nature, specie, or kind
     Noscitur a Sociis: this rule states that the meaning of a word can be gathered from its
    context.
     Expressio unis est exclusion atterius: this maxim states that the express mention of one
    thing means the exclusion of others
     Lex non cogit ad impossibilia: This maxim provides that a statute is to be construed in
    such a manner as not to command the doing of impossibilities.
     Ut res magis valet quam pareat: where a provision, for instance is capable of two
    mutually exclusive interpretations one of which will make the provision valid and
    effective while the other will make it invalid and ineffective, the interpretation that will
    make the provision valid and effective ought to be adopted.

    QUESTION 3
    a. Intrinsic Materials: This are internal materials in the legislation that aide interpretation.
    They may include;
     The Preamble
     The Long title
     Definition sections
     Interpretation clause or section; and
     Schedules
    b. Extrinsic Materials: these unlike the intrinsic materials are external materials and
    documents that may guide interpretation of Statutes. They may include;
     Interpretation Act
     Dictionaries
     Text Books etc
    QUESTION 4:

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