A statute is a law that is passed by the parliament (the law making body) with the assent of the head of the Executive arm of government in a democratic setting or a non-legislative body in a non-democratic setting but is accorded the stamp of validity by the proper body designated to do so. It is not also uncommon for a statute to be described with words like law, legislation, enactment etc, for they are synonyms.
The art of law making is older than man itself placing out reliance on biblical account. God himself was the first to perform the first legislative function of law making. In Genesis 1:3-4 we are told that after God created the heavens and the earth, he proceeded with making a/an command/ order/law/pronouncement/enactment - let there be light and instantly the law was executed. Note that laws are meant to be executed (this is why lawyers claim that law is the first profession on earth).
Moving on, law making procedure has evolved and has taken a more certain procedure than what was obtainable in previous centuries. More so is the popularization of democracy which allows for active participation of the majority whether directly or through their representative in the governance.
Legislative function or law making function is vested in the whims and caprices of the Legislature subject to the existing laws. In Nigeria, the National Assembly which is comprised of the Senate and the House of Representatives is empowered by Virtue of Section 4 (1) &(2) to make laws for the peace, order and good government of the polity known as Nigeria while the State House of is empowered to make law equally for the state subject to some exceptions. Laws made by the National Assembly is designated an Act while laws made by the State House of Assembly is designated a Law.
Interestingly, every legislation no matter it's verbosity or brevity must confirm to at least some certain standard which show cases it's crucial parts. they include but not limited to Long title, short title, preamble, commencement date, enacting formula, definition section, marginal notes body of a statute and schedules.
Long Title
The Long title are introductory phrases that gives an insight into the purpose of such legislation. In the process of interpreting such laws, they aid the courts to decipher the intention and mind of the legislature so as to accurate reflect their intentions in the instant decision of the court. By way of example, the Long title to Economic and Financial Crimes Commission (Establishment) Act, reads this: " An Act to provide for the Establishment of a commission for economic and financial Crimes and for matters connected therewith".
Short Title
The short title is the opposite of the long title. It may be referred to as the statutes nickname. It becomes necessary so as to ameliorate the hardship occasioned by referring to the long title always. For example, Criminal Code Act is a short title to An Act to establish a code of criminal law.
Preamble
This is like a brief intro to the Statute. Can you still remember the preamble to the Constitution? We the People of the Federal Republic of Nigeria....
Commencement Date
This is the day and time that the said law comes into operation. This is important because the law is that a substantive law takes prospective Application as against a retrospective application - lex prospicit non respicit- the law looks forward and not backwards.
Hence a person should not be punished for an act which was not an offence at the time he committed such act. See Section 36 (8) of the Constitution of the Federal Republic of Nigeria, 1999 ( as amended).
Enacting Formula
This is a phrase aimed at revealing the identity of the legislative body or authority that produced the said Statute.
Definition Section/ Interpretation Clause
This is aimed at explaining the meaning of a particular word as used in the statute. It is not uncommon for you to see definition section in statutes. By way of Example, the Criminal Code contains its definition section in the Section 1 while the Evidence Act, 2011 contains its definition section in Section 254.
Marginal Note
These are catchy, attractive and graphic words at the margin of a section of a statute shedding light on what that section is all about.
The Body of the Statute
This contains the rights and obligations of citizens. It is the heart of the statute, without which there can be no Statute.
Schedules
This is a statement that is attached to the statute that gives a detail of the matters contained in the document. It is important to note that in the eyes of the law, a schedule is part and parcel of a statute.
In conclusion, as a draftsman, these are the necessary parts that your statute should contain.
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