Legislative Drafting Workshop with Mr Davidson Oturu

Introduction

The Legislative Drafting Workshop with Mr Davidson Oturu (the Managing Partner of Nubia Capital) held on 31 October 2024 at the University of Aberdeen. It was the second event of the two day series ‘Shaping the Future: Roundtable on Fintech and Digital Markets in Africa’ organised by the University of Aberdeen’s Centre for Commercial Law and the Global South Law Research Network. The first day of this event covered thoroughly engaging and intellectually stimulating sessions on the fintech and digital trade ecosystems in Africa, the ongoing changes in those industries and how they are rapidly contributing to the growth of Africa’s economy, especially within the context of the AfCFTA.

The legislative drafting workshop was organised to practically show law students across various levels and schools the key aspects of drafting a legislative bill, as well as its purpose and key components.  The case study for this workshop was the Nigeria Startup Act 2022 (the “Act”), which Mr Oturu was part of and played a key role in drafting the bill that was passed into law following the then President of Nigeria, President Muhammadu Buhari, assent on 19October 2022. The Act was established with the aim of fostering the growth of start-ups by providing incentives for their establishment and operation and creating an enabling environment for them to thrive, protecting innovation in tech start-ups.

The Nigerian start-up scene is arguably the biggest and most diverse in Africa, featuring companies like Flutterwave, Interswitch, Opay, Andela and most recently Moniepoint which display Nigeria’s prowess in the fintech global economy map. It also shows the relevance of the Act which seeks to continually grow the start-up industry by attracting greater investment.

The Importance of Legislative Drafting  

Legislative drafting is a critical process that transforms policy decisions and legal principles into clear, enforceable language. It requires the right balance between technical precision and accessibility, ensuring that the resulting laws can be understood and applied consistently by courts, government agencies, and the public alike. The United Nations Handbook on Legislative Drafting describes it as “the art of framing laws and regulations that are logically organised, legally sound, and linguistically clear, ensuring they are capable of practical enforcement.” This definition underscores the multifaceted nature of the task, which goes beyond mere writing to encompass logical structuring and practical applicability.

Key Aspects of Legislative Drafting

1. Purpose: Legislative drafting is created with the intention to have clear and coherent laws that addresses a particular issue or regulates some activities to balance the interest of the public while providing clarity and enforceability.
2. Components: This process includes defining terms, outlining substantive and procedural provisions, and organising the structure of the law or regulation in a logical, consistent manner.
3. Technique: Good legislative drafting uses plain and simple language which is useful for anyone to read and comprehend the content of the draft.
4. Practical Application: A good Legislative draft should seek to solve emerging problems in relevant areas affecting society or amend an existing law, for instance trying to draft a law related to data privacy.
5. Enforceability: A well-drafted law is enforceable. It needs to have clearly defined mechanisms for implementation and compliance, ensuring that authorities can uphold it effectively. Highlight that enforceability is crucial for gaining public trust and ensuring the law serves its intended purpose.
6. Public Interest: A good legislation must seek to balance the interest of various individuals and groups in the society, while also adding value to the lives of the people in that society. 

The objectives of the Act, including facilitating easier access to funding, providing regulatory support, enhancing market opportunities, stimulating economic growth and job creation, positioning Nigeria as a competitive player in the global technology industry, demonstrate how legislation can be crafted to address specific sectoral needs while contributing to broader national economic goals.

Key Lessons from the Drafting of the Act

The drafting of the Act offers several valuable lessons for legislative drafting in dynamic sectors. They include:

1. Stakeholder Engagement: Involving a diverse range of stakeholders in the drafting process ensures that legislation addresses real-world needs and challenges.
2. Flexible Language: Using adaptable terminology allows the law to remain relevant as technology and business models evolve.
3. Clear Structure: Organising the Act with well-defined sections for definitions, substantive provisions, and procedural aspects enhances its usability and implementation.
4. Balance: Striking a balance between specificity and flexibility is crucial for legislation in rapidly changing fields like technology.
5. Plain Language: Employing clear, accessible language ensures that the law can be understood and applied by a wide range of stakeholders, from startup founders to government officials.