WAEC SSCE - Government - 2021 (Essay)

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The Independence Constitution of 1960, though it granted Nigeria self-rule, had a number of weaknesses:

1. Retention of the British monarch as Head of State: Nigeria remained under the Queen, represented by a Governor-General, so the country was not yet a full republic and independence was incomplete.
2. Appeals still lay to the Privy Council in London: The final court of appeal remained the Judicial Committee of the Privy Council in Britain, which detracted from full judicial sovereignty.
3. Human rights were not fully guaranteed or entrenched in a way that could not be tampered with: Although rights were provided for, the protections were weakened by wide exceptions, and enforcement machinery was inadequate.
4. It entrenched strong regionalism at the expense of the centre: By giving the regions great power, it encouraged regional and ethnic loyalties that threatened national unity.
5. Domination by the three major regions: The structure allowed the three large regions to dominate the minorities, whose fears and demands for separate states were not adequately met.
6. The amendment procedure was rigid and cumbersome: Changing the constitution required difficult procedures involving the regions, making needed reforms hard to achieve.
7. It was largely a product of compromise imposed from outside: Being negotiated at conferences dominated by British interests, it did not fully reflect the wishes of the people.

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Although colonial rule was primarily exploitative, both the British and the French left behind certain positive legacies in West Africa. Five of these are highlighted below.

1. Introduction of Western education: Through mission and government schools the colonial powers introduced literacy, formal schooling and, eventually, higher institutions. This produced the educated elite who later led the nationalist movements and staffed the post-independence administrations.
2. Development of modern infrastructure: Roads, railways, ports, bridges and telecommunication lines were constructed to move goods and people. Though built mainly to serve colonial trade, these facilities opened up the interior and formed the basis of modern transport systems.
3. Establishment of modern political institutions: The colonisers introduced central and local government structures, a formal civil service, constitutions, legislative councils and elections, which prepared the ground for the modern nation-states of West Africa.
4. Introduction of a money economy and modern commerce: The colonial powers replaced trade by barter with a common currency, banking, cash-crop production and international trade, thereby integrating West Africa into the global economy.
5. A unified legal and administrative system: The British and the French each imposed a single system of law, courts and administration over many formerly independent communities, creating larger and more orderly political units and, in the British case, entrenching a measure of the rule of law.

Other benefits included improved health services and the amalgamation of small units into the large territories that became today's nations.

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Whenever the military seized power in Nigeria, the practice of democracy was suspended and its institutions were undermined. Five ways in which democracy was stalled are identified below.

1. Suspension of the constitution: The military set aside the democratic constitution and ruled instead by decrees which could not be challenged in the courts, thereby destroying the supreme law that guaranteed democratic government.
2. Abolition of elective institutions: Elected legislatures at the federal and state levels were dissolved and no elections were held. Law-making, an essentially democratic function, was taken over by the Supreme Military Council or a Ruling Council.
3. Banning of political parties and political activity: Political parties were proscribed and open partisan activity was prohibited, denying citizens the freedom to organise and to compete for power through the ballot box.
4. Suppression of fundamental human rights: Freedom of speech, of the press and of association was curtailed, critics and journalists were detained without trial, and ouster clauses removed many matters from the jurisdiction of the courts.
5. Concentration of power and fusion of functions: Executive and legislative powers were fused in the military hierarchy, the principle of separation of powers was abandoned, and rule was by command from the top rather than by consent of the governed.

In these ways each military take-over halted the growth of democratic culture and institutions in Nigeria.

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Since independence in 1960, Nigeria's engagement with other nations has been shaped by a number of difficulties. Five of these problems are explained below.

1. Financial constraints: Nigeria's ambition to play a leading role in Africa and the world often outstripped her resources. Commitments such as funding liberation movements, contributing to ECOMOG peacekeeping in Liberia and Sierra Leone, and hosting international events placed a heavy burden on an economy already troubled by debt and fluctuating oil revenue.
2. Ingratitude of beneficiary states: Nigeria gave generous assistance to many African countries, yet several of them showed little appreciation. Some beneficiaries voted against Nigeria at international bodies or sided with her rivals, and a few even expelled Nigerian nationals, giving rise to the complaint that her "big brother" diplomacy yielded few loyal friends.
3. Domestic instability: Frequent military coups, the civil war (1967 to 1970), ethnic and religious conflicts, and unstable civilian rule weakened Nigeria's image abroad and reduced her credibility as a champion of good governance and democracy.
4. Interference and rivalry from the great powers: Cold War politics and the interests of former colonial masters, especially Britain, France and the United States, limited Nigeria's freedom of action. France in particular, entrenched in francophone West Africa, frequently worked against Nigerian leadership in the sub-region.
5. Poor image caused by corruption and indiscipline: Corruption, drug trafficking, advance-fee fraud ("419") and human-rights abuses damaged Nigeria's reputation, subjected her citizens to humiliating visa restrictions, and undermined the respect she sought in the international community.

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The powers of government are limited by a number of factors, explained below:

1. The constitution: A written constitution spells out and defines the powers of each arm of government and prohibits it from acting beyond its lawful authority, thereby restraining government.
2. Separation of powers: Dividing governmental powers among the executive, legislature and judiciary, with each acting as a check on the others, prevents any single arm from becoming too powerful.
3. Fundamental human rights: The entrenched rights of citizens, such as freedom of speech, association and personal liberty, set boundaries that government may not lawfully cross.
4. The judiciary and judicial review: An independent judiciary can declare the actions and laws of government null and void where they are unconstitutional, thus limiting governmental power.
5. Public opinion: The organised views of the people, expressed through the press, elections and protests, compel government to act within acceptable limits.
6. Pressure groups and the mass media: These expose abuses, mobilise opinion and put pressure on government to be accountable and restrained.
7. Periodic elections: The knowledge that they must face the electorate at regular intervals restrains those in power from abusing their authority.

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Local governments can be effectively controlled to live up to their mandate in the following ways:

1. Financial control and auditing: Requiring local governments to keep proper accounts which are regularly audited, and scrutinised by the state and by independent auditors, checks the misuse of funds.
2. Legislative control: The state House of Assembly makes the laws under which local governments operate, approves their budgets and can summon local officials to account for their stewardship.
3. Judicial control: The courts can review the actions of local government and declare unlawful decisions null and void, keeping them within the limits of the law.
4. Administrative supervision by the state: The state Ministry of Local Government issues guidelines, inspects operations and can query or sanction erring councils.
5. Popular and democratic control: Periodic elections, a vigilant press and an active local citizenry hold council officials accountable and can vote out non-performing officers.
6. Control by anti-corruption and monitoring agencies: Bodies such as the anti-corruption commissions investigate and prosecute fraud and abuse of office in local councils.
7. Public inquiries and commissions: Government can set up commissions of inquiry to probe allegations of mismanagement and recommend corrective measures.

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Public opinion is an important aspect of the democratic process for the following reasons:

1. It guides government policy: Democratic governments rely on the views of the people in formulating and adjusting policies so that these reflect the wishes of the governed.
2. It ensures accountability: Through public opinion citizens express approval or disapproval of government actions, compelling those in power to be answerable to the people.
3. It legitimises government: A government that enjoys the support of public opinion governs with authority and acceptance, while one that loses it forfeits its legitimacy.
4. It checks abuse of power: The fear of adverse public opinion restrains rulers from arbitrary and oppressive conduct.
5. It promotes participation: The formation and expression of public opinion draw citizens into the affairs of the state, deepening democratic participation.
6. It influences elections: Public opinion determines how people vote and thus decides who wins and who loses power, which is the essence of democracy.
7. It aids peaceful change: By providing a channel for grievances to be aired and addressed, it reduces tension and encourages orderly change.

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Democracy is the most popular system of government because of the following features:

1. Popular participation: It allows the people to take part in government through periodic free and fair elections and to choose those who govern them, giving them a sense of ownership.
2. Rule of law: Everybody, governors and governed alike, is subject to the same law, which protects citizens against arbitrary and oppressive rule.
3. Protection of fundamental human rights: Democracy guarantees the freedoms of speech, association, religion and the press, allowing citizens to live in dignity.
4. Accountability of government: Those in power are answerable to the people and can be voted out, which discourages abuse of office and promotes responsible governance.
5. Existence of an organised opposition: A recognised opposition checks the excesses of the ruling party and offers the people an alternative choice.
6. Equality of all citizens: It rests on the principle of one person, one vote, and treats all citizens as equal before the law regardless of status.
7. Peaceful change of government: It provides an orderly and constitutional means of changing leaders, thereby reducing violence and instability.

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The judiciary is kept independent of the control of the executive and legislature for the following reasons:

1. To ensure impartial justice: An independent judiciary can decide cases purely on their merit and according to law, without fear or favour from the other arms of government.
2. To protect the fundamental rights of citizens: Only a free judiciary can defend citizens against the abuse of power and safeguard their constitutional rights and liberties.
3. To uphold the rule of law: Independence enables the courts to apply the law equally to all persons, including government itself, thereby maintaining the supremacy of the law.
4. To act as a check on the other arms: Through judicial review the judiciary can pronounce the actions and laws of the executive and legislature unconstitutional, but it can only do so if it is free of their control.
5. To guarantee fair hearing: An impartial and independent court ensures that everyone, including opponents of government, receives a fair and unbiased trial.
6. To resolve disputes justly: It settles disputes between citizens, and between citizens and the state, in a manner that commands public confidence.
7. To prevent tyranny and dictatorship: Judicial independence stops the concentration of power in one arm and thereby guards against arbitrary and dictatorial rule.