How law works Guide 1 of 6
Policy, bill, Act.
These words get used as if they meant the same thing. They do not, and the difference decides whether something is binding on you.
From an idea to binding law
These terms describe different kinds of government decisions and legal rules.
Policy
Not binding on its own
A government’s plan or position on an issue, often published by a ministry as a “national policy” document. It tells you where the government wants to go. To bind people, it usually has to become a law or regulation.
Bill
Not binding yet
A proposed law, making its way through the National Assembly or a State House of Assembly. It can change a lot, or die, before it becomes law.
Act
Binding law
A federal law made through the constitutional lawmaking process, normally by passage in both chambers and Presidential assent. A constitutional override can make it law without assent. At state level, Laws follow the corresponding process involving the House of Assembly and Governor.
Regulations
Binding, within the Act
Detailed rules made by a minister or agency using a power an Act gives them. They cannot go beyond what the Act allows. Lawyers call them subsidiary legislation.
Constitution
The highest law
Every other law must agree with it. A law that conflicts with the Constitution is void to the extent of the conflict. Constitution, s. 1(3)
A policy is a promise. A law is a rule.
Suppose a ministry announces a policy that small businesses should pay less tax. Nothing changes for you yet. A tax office can only charge you less when an Act, or regulations made under one, says so. That is why this site explains Acts: they are where a policy becomes something you can rely on, and something that can be enforced against you.
The three arms of government
The Constitution splits government power three ways, so that the people who make laws are not the same people who carry them out, or who judge disputes about them.
Makes the law
The legislature
The National Assembly for the country, and a House of Assembly in each state. They pass bills, approve budgets, and check the executive.
Constitution, s. 4
Carries it out
The executive
The President and ministers at federal level, and the Governor at state level, with the ministries and agencies under them. They make policy and enforce the law.
Constitution, s. 5
Says what it means
The judiciary
The courts. They settle disputes, decide what a law means when people disagree, and can strike down a law that conflicts with the Constitution.
Constitution, s. 6
This guide explains how Nigerian law works in general terms. It is not legal advice.