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Basic Principles of Legal Drafting

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Drafting I - Basic Drafting Principles

- PART I: The Language of the Law -

British vs American English

In Nigeria, the Language of the Law is English. The grammatical standard is Standard British English, expressed in plain English.

British (Correct)American (Avoid)
I have got it ✓I have gotten it ✗
I need to go home ✓I gotta go home ✗

- PART II: George Coode’s 4 Parts of a Legislative Sentence -

The Coode Framework

From George Coode, “Legislative Expression or the Language of the Written Law”:

  1. The description of the Legal Subject;
  2. The enunciation of the Legal Action;
  3. The description of the Case to which the legal action is confined;
  4. The Conditions on performance of which the legal action operates.

The subject of the draftsman’s focus must be clearly and distinctly described - no ambiguity in identifying who or what the subject is.

The thing to be done, action to be taken, or incident to be avoided must be clearly stated. The draftsman must have a mental picture of how the draft will be implemented in practice. Legal action may be:

  • Mandatory;
  • Prohibitory;
  • Permissive.

The choice depends on the legislature’s intention as contained in the instruction given to the draftsman.

3. The Case

The draft should clearly describe the mode, method, or process of carrying out the prescribed action.

4. Conditions of Performance

The draft should clearly state the parameters within which the prescribed law shall operate. Example:

“Subject to the provisions of any federal enactment on the National Housing Policy, the Lagos State Housing Development Corporation shall liaise with the Federal Mortgage Bank of Nigeria to provide mass housing schemes for members of the public within Lagos State.”

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