Bills, Motions and Acts

Once elected to public office, one of the primary functions of legislators is to develop legislation that benefits their constituents. One must therefore understand the different mechanisms available to enact laws and their structures. Below is a summary of the structures and purposes of bills, motions and acts.

1. Bill

   Definition: A bill is a proposed law presented to the legislature (National Assembly at the federal level, or State House of Assembly at the state level) for consideration. If passed and assented to, it becomes an Act (law).

   Purpose:

• To create a new law.
• To amend or repeal an existing law.

  Types:

• Executive Bill – introduced by the government (through a minister or commissioner).
• Private Member’s Bill – introduced by an individual legislator.
• Money Bill – relates to taxation or government spending; can only be introduced in the House of Representatives (federal) or House of Assembly (state).

  Structure:

1. Long Title – describes the bill’s purpose.
2. Enacting Clause – standard legal phrase (“Be it enacted by the National Assembly of the Federal Republic of Nigeria as follows…”).
3. Sections & Subsections – outline the law’s provisions.
4. Schedules – annexes with details (forms, data, technical info).

   Process of Passage:

1. First Reading – bill title read, no debate.
2. Second Reading – general debate on the bill’s principles.
3. Committee Stage – detailed examination, clause-by-clause.
4. Report Stage – committee reports findings and amendments.
5. Third Reading – final debate and vote.
6. Transmission to Other Chamber – repeat the process.
7. Presidential (or Governor’s) Assent – if signed, it becomes an Act. If refused, the legislature can override with a two-thirds majority.

2. Motion

   Definition: A motion is a formal proposal for the legislature to take a decision or express an opinion on a matter. Motions are not laws but are usually advisory or directive in nature.

   Purpose:

• To debate an issue of public interest.
• To urge the executive or agencies to take specific action.
• To set the stage for legislative inquiries.

  Structure:

1. Title/Heading – subject of the motion.
2. Preamble (“Whereas” Clauses) – sets out the background and justification.
3. Resolutions – the specific calls to action (e.g., “Resolve to urge the Ministry of Education to…”).

   Process of Passage:

1. Notice of Motion – member gives advance notice.
2. Presentation & Debate – mover explains, members debate.
3. Amendments (if any) – adjustments to wording or resolutions.
4. Vote – if carried, the resolution is adopted.

   Outcome:

• Motions do not have the force of law but can influence policy, trigger investigations, or guide government action.

3. Act

   Definition: An Act is a law passed by the legislature and signed by the President (or Governor at the state level). It is enforceable in court.

   Origin:

• Every Act begins as a bill. Once passed through all legislative stages and assented to, it becomes an Act.

  Structure:

• Similar to a bill but with a commencement date and Act number/year (e.g., “Electoral Act, 2022”).

  Process:

• Follows the bill passage process; the only difference is that an Act is the final, official law after assent.

  Summary Table

  Feature	Bill	Motion	Act
  Definition	Proposed law	Formal proposal/resolution	Law in force
  Legal Force	None until passed and assented	None (advisory)	Full force of law
  Purpose	Create, amend, repeal law	Express opinion, direct action, trigger inquiry	Govern conduct, rights, obligations
  Structure	Title, enacting clause, sections, schedules	Title, preamble (“Whereas”), resolutions	Title, enacting clause, sections, schedules, commencement
  Passage	Three readings in both chambers + assent	Notice, debate, vote	Result of bill passage + assent
  Binding?	Not until signed	No	Yes