The Legislative Bill Process in Nigeria: From Spurring a Bill to Presidential Assent

BY: Henry Ojo.

How a Bill Becomes Law in Nigerian National Assembly

The process of passing a bill into law in Nigeria’s National Assembly is a structured and rigorous procedure outlined in the 1999 Constitution of the Federal Republic of Nigeria (as amended). The legislative process involves multiple stages, beginning with the spurring (initiation) of a bill, followed by deliberations and approvals in both chambers of the bicameral National Assembly—the Senate (109 members) and the House of Representatives (360 members). The final step in the legislative process is the president’s assent, which officially enacts the bill into law.

This article breaks down the step-by-step process of passing a bill, from spurring (initiating) the bill to the final stage of presidential assent.

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Spurring a Bill: Initiating the Legislative Process

The first step in the legislative process is the spurring (initiation) of a bill. A bill is a proposal for a new law or an amendment to an existing law. The initiation of a bill can occur through three main sources:

1. Legislators: Any Senator or member of the House of Representatives can introduce a bill, known as a “private member’s bill.”
2. The Executive: The president or a minister can propose a bill, referred to as an “executive bill.” Such bills often come with a cover letter addressed to the Senate President or Speaker of the House of Representatives.
3. The Public: While citizens cannot directly introduce bills, they can lobby legislators to propose bills on their behalf, particularly through civil society organizations, interest groups, or petitions.

Once a bill is initiated, the Legal Department of the National Assembly or the Office of the Attorney General helps draft it to ensure it aligns with constitutional provisions and legal standards.

Presentation of the Bill

Once drafted, the bill is formally introduced in either chamber of the National Assembly:

• If introduced in the Senate, it is labeled “Senate Bill (SB).”
• If introduced in the House of Representatives, it is labeled “House Bill (HB).”

Once a bill is introduced, it undergoes a structured legislative process to become law.

Stages of Passing a Bill in the National Assembly

Once a bill is spurred and introduced, it follows a series of legislative procedures, including debates, amendments, and approvals. Below is a breakdown of the key stages:

1. First Reading

• The bill is read out loud by the Clerk of the National Assembly.
• No debate or discussion takes place at this stage.
• The bill is recorded and distributed to lawmakers for review.

2. Second Reading

• The sponsor of the bill explains its purpose, objectives, and significance.
• Lawmakers engage in a debate, discussing the bill’s merits and potential impact.
• A simple majority vote determines whether the bill advances to the committee stage or is rejected.

3. Committee Stage

• The bill is referred to a relevant legislative committee, such as the Senate Committee on Rules and Procedure or the House Committee on Business and Rules.
• The committee reviews the bill in detail and may hold public hearings to gather input from experts, stakeholders, and the public.
• Amendments can be made, after which a report is prepared and submitted to the full chamber.

4. Third Reading

• The final version of the bill, including any amendments, is read again.
• A final vote is taken.
• If approved by a simple majority, the bill moves to the other chamber (e.g., from the Senate to the House of Representatives or vice versa).

5. Consideration in the Second Chamber

Once the bill is passed in one chamber, it is transmitted to the other chamber, where it undergoes the same process (First Reading, Second Reading, Committee Stage, and Third Reading).

The second chamber has three options:

1. Approve the bill as it is and send it to the president for assent.
2. Reject the bill entirely.
3. Make amendments and return the bill to the originating chamber for reconsideration.

If both chambers disagree on the final version, a Joint Conference Committee (comprising members of both chambers) is set up to harmonize the bill. If no agreement is reached, the bill fails unless it is a money bill, which can be resolved in a joint sitting of both chambers.

Presidential Assent: The Final Stage

Once the bill is approved by both chambers, it is transmitted to the president for assent (signature). The president has 30 days to

1. Sign the bill into law, making it an act of the National Assembly.
2. Veto (reject) the bill by withholding assent and returning it with comments.
3. Take no action, in which case the bill remains pending.

Overriding a Presidential Veto

If the president vetoes the bill or fails to act within 30 days, the National Assembly can override the veto by securing a two-thirds majority vote in both chambers. If successful, the bill becomes law without the president’s signature.

A notable example of this occurred in 2000, when the Niger Delta Development Commission (NDDC) Establishment Bill was vetoed by President Olusegun Obasanjo, but the National Assembly overrode the veto, making it law.

Special Cases in the Legislative Process

Certain bills follow special procedures due to their nature:

• Money Bills (e.g., Budget Bills): These must originate in the House of Representatives. If there is a dispute, a joint finance committee or joint sitting of both chambers resolves it.
• Constitutional Amendments: These require a two-thirds majority in both chambers, followed by approval from at least 24 of the 36 state houses of assembly.
• Accelerated Passage: In cases of national emergencies, the National Assembly can suspend its rules to fast-track a bill.

   The Journey from Bill to Law

The legislative process in Nigeria is designed to ensure thorough scrutiny, transparency, and checks and balances. The journey from spurring a bill to presidential assent involves several stages, including three readings, committee scrutiny, and approval by both chambers. The final step is the president’s assent, after which the bill becomes law.

However, if the president vetoes the bill, the National Assembly can override the veto with a two-thirds majority, ensuring that laws reflect the will of the people and the legislative arm of government.

This process highlights Nigeria’s commitment to democratic governance, ensuring that laws undergo rigorous examination before being enacted.