WAEC SSCE - Government - 1999 (Essay)

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Before the Second World War the Legislative Councils in British West Africa were tightly controlled by the colonial authorities so as to keep real power in British hands. The council was controlled in the following ways.

1. Domination by official members: The council had a majority of official (nominated colonial officers) members who were bound to vote as the Governor directed, guaranteeing government control of all decisions.
2. Nomination of unofficial members: Most of the African "unofficial" members were nominated by the Governor rather than elected, so they owed their seats to him and rarely opposed him.
3. Governor as President: The Governor presided over the council, set its agenda and controlled its proceedings.
4. The Governor's power of veto: He could reject any bill or motion passed by the council.
5. Reserve and certification powers: The Governor could enact measures the council rejected, and reserve certain bills for the approval of the British Crown.
6. Limited franchise: Only a tiny number of Africans in a few coastal towns could elect members, so the council was unrepresentative and easily controlled.
7. Restricted legislative competence: The council could only legislate on limited matters and had little control over finance, which remained with the Governor.
8. Control from London: The Secretary of State for the Colonies gave directives that the Governor enforced through the council.

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The legislature is the organ of government responsible primarily for making laws. In a modern state it performs the following functions:

1. Law making: This is its principal function. The legislature deliberates on, amends and enacts new laws, and repeals or amends existing ones, to guide the conduct of citizens and the affairs of the state.
2. Control of public finance: It approves the annual budget, authorises taxation and government expenditure, and no money may be raised or spent by the executive without its approval, giving it control over the purse.
3. Oversight and control of the executive: It checks and supervises the executive by questioning ministers, debating government policies, and in a parliamentary system by passing a vote of no confidence.
4. Investigative function: Through its committees, the legislature conducts investigations and public hearings into matters of public interest and into the activities of government departments and agencies.
5. Amendment of the constitution: The legislature has the power to amend or alter the constitution following the laid down procedure.
6. Confirmation and approval of appointments: It confirms or ratifies key appointments made by the executive, such as ministers, judges, ambassadors and heads of agencies.
7. Ratification of treaties: It ratifies international treaties, agreements and declarations of war entered into by the executive.
8. Representative function: Members represent their constituencies, articulate the wishes, grievances and interests of the people, and serve as a link between the electorate and the government.
9. Judicial functions: In some cases it exercises quasi-judicial powers, such as impeaching the President or other high officials and punishing for contempt.
10. Electoral function: In some systems it may participate in electing certain officials, for instance choosing a President where no candidate wins an outright majority.

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Using Nigeria as the chosen West African country, the following were the main reasons for military intervention in politics, notably the coup of January 1966 and subsequent takeovers.

1. Political corruption: Widespread embezzlement and misuse of public funds by politicians provoked the military to intervene in order to sanitise governance.
2. Electoral malpractice: Rigging, thuggery and violence, especially during the 1964 federal and 1965 Western Region elections, undermined confidence in the political process.
3. Ethnicity and tribalism: Politics was dominated by ethnic rivalry and favouritism, which threatened national unity.
4. Political instability and breakdown of law and order: Violence in the Western Region ("Operation Wetie") and general disorder gave the army a pretext to step in.
5. Weak and ineffective leadership: The inability of civilian governments to manage crises and maintain discipline eroded public trust.
6. Personal ambition of soldiers: Some officers were driven by the desire for power, wealth and rapid promotion.
7. Nepotism and abuse of office: Awarding of contracts and appointments on ethnic and personal grounds bred discontent.
8. Economic mismanagement: Poor handling of the economy, inflation and neglect of public welfare fuelled dissatisfaction.
9. Foreign influence and the example of coups elsewhere: The wave of military takeovers across Africa encouraged imitation.

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The Independence Constitutions of the British West African countries (Nigeria 1960, Ghana 1957, Sierra Leone 1961, The Gambia 1965) shared broadly similar features because they were fashioned on the British parliamentary model. Their main features were as follows.

1. Parliamentary system of government: They established a cabinet system in which the Prime Minister and ministers were drawn from and responsible to Parliament.
2. A ceremonial Head of State: The Queen, represented by a Governor-General, was the constitutional Head of State, while executive power rested with the Prime Minister.
3. Federal or unitary structure: Where appropriate (as in Nigeria) a federal arrangement with regional governments was created; others adopted a unitary structure.
4. Supremacy of the constitution: The constitution was the highest law of the land and all authorities derived their powers from it.
5. Fundamental human rights: The rights of citizens were entrenched and made justiciable in the courts.
6. Separation of powers: Legislative, executive and judicial powers were vested in distinct organs with checks and balances.
7. An independent judiciary: Courts were made independent, with judges enjoying security of tenure.
8. Bicameral or unicameral legislature: Elected legislatures (in Nigeria, a Senate and House of Representatives) were established to make laws.
9. Amendment procedure: Special rigid procedures were laid down for altering the constitution.
10. Citizenship provisions: The constitution defined who was a citizen of the new independent state.

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Although the fundamental rights of the individual are guaranteed by the constitution, they are not absolute. They may be lawfully restricted, curtailed or suspended under the following circumstances:

1. In the interest of public safety, order and morality: Rights such as freedom of assembly and movement may be restricted to prevent riots, disorder, or acts offensive to public decency and morality.
2. During a state of emergency, war or public danger: When the state faces war, invasion, natural disaster or grave internal crisis, certain rights may be suspended to enable the government maintain order and protect the nation.
3. In the interest of national security and defence: Rights may be limited where their exercise would endanger the security, sovereignty or territorial integrity of the state, for instance restrictions on the disclosure of official secrets.
4. To protect public health: Individual liberty and movement may be curtailed to check the outbreak or spread of epidemics and diseases, for example quarantine and isolation measures.
5. To protect the rights and freedoms of other persons: One person's rights end where another's begin, so freedom of speech, for instance, is limited by laws against defamation, sedition and incitement.
6. When a person breaks the law or is convicted by a court: A person's right to personal liberty is lawfully restricted when he is arrested, detained or imprisoned following a lawful trial and conviction.
7. Persons of unsound mind, minors and addicts: The rights of lunatics, infants and drug addicts may be restricted for their own good and for the protection of society.
8. In the interest of town planning and public utility: The right to property may be limited through lawful acquisition of land for public purposes, with compensation.

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A free and fair election is one conducted openly, honestly and impartially, in which every qualified citizen can vote freely and the result truly reflects the wishes of the electorate. The following conditions are necessary for it:

1. An independent and impartial electoral body: There must be a neutral, well-funded and adequately staffed electoral commission that organises and conducts the election without bias towards any party or candidate.
2. Universal adult suffrage and an accurate voters' register: All qualified adults must be free to register and vote, and there must be a credible, up to date voters' register free of padding and multiple registration.
3. Existence of more than one political party: There should be genuine opposition and a range of candidates so that the electorate has a real choice.
4. Freedom of speech, the press and association: Candidates and parties must be free to campaign, hold rallies and canvass for votes, and the electorate must be free to receive information and express their views.
5. Secret ballot: Voting must be by secret ballot so that voters can express their true choice without fear of intimidation or victimisation.
6. Adequate security and a peaceful atmosphere: There must be enough impartial security personnel to maintain order and protect voters, materials and officials, free of thuggery and violence.
7. An enlightened electorate: Voters should be educated enough to understand the issues and the voting procedure and to resist bribery and manipulation.
8. Impartial security agencies and rule of law: The police and other agencies must be neutral, and electoral laws must be firmly and fairly enforced.
9. An independent judiciary and provision for electoral petitions: There must be impartial courts or tribunals to settle election disputes fairly and promptly.
10. Sufficient and well distributed electoral materials: Ballot papers, boxes and other materials must be adequate, secure and delivered to all polling units on time.

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In pre-colonial West Africa, traditional rulers exercised firm control over their subjects through a blend of political, religious, judicial and social instruments. The following were the main methods of control.

1. Religious and spiritual authority: Most rulers were regarded as sacred, divine or semi-divine persons who served as the link between the living and the ancestors or gods. This spiritual aura made subjects obedient out of reverence and fear of supernatural sanction.
2. Use of a council of chiefs and elders: The ruler governed with a council that represented the various lineages and quarters. Through these representatives the ruler transmitted decisions to, and secured the compliance of, the people.
3. Control of the judicial system: The ruler was the highest judge and settled disputes, punished offenders and enforced customary law. His power to fine, banish or execute wrongdoers kept subjects in check.
4. Command of the army and security forces: Rulers maintained warriors and palace guards who suppressed revolts, defended the community and enforced the ruler's orders by force where necessary.
5. Control of land and economic resources: As custodian of communal land, the ruler allocated farmland, levied taxes and tributes, and collected tolls. Economic dependence on the ruler ensured loyalty.
6. Age grades, secret societies and title systems: These institutions carried out the ruler's directives, mobilised labour, and disciplined members, thereby extending royal control to the grassroots.
7. Reward and patronage: Rulers granted titles, chieftaincy, wives, land and other favours to loyal subjects, buying support and discouraging opposition.
8. Enforcement of customs, taboos and traditions: Breaches of taboo attracted heavy sanctions, so respect for tradition became an effective instrument of social control.

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Taking Nigeria as the chosen West African country, four objectives of its foreign policy are outlined below.

1. Promotion and protection of national interest: Nigeria's foreign policy seeks to safeguard the security, sovereignty and territorial integrity of the country and the welfare of its citizens abroad.
2. Africa as the centrepiece of foreign policy: Nigeria places the liberation, unity and development of Africa at the heart of its external relations, supporting the decolonisation and economic advancement of the continent.
3. Promotion of world peace and international cooperation: Nigeria works through the United Nations, the African Union and ECOWAS to maintain peace, settle disputes peacefully, and foster friendly relations among states.
4. Promotion of economic and technical cooperation: It aims to attract foreign investment, expand trade and secure technical assistance for national development.

Other objectives include the pursuit of non-alignment, respect for the sovereign equality of states, and the promotion of regional integration through ECOWAS.

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Delegated legislation refers to the laws, rules, regulations, orders and bye-laws made by persons or bodies (such as ministers, local councils and public corporations) other than the legislature itself, under powers expressly granted to them by an Act of the legislature. It is necessary in modern governments for the following reasons:

1. Pressure of work on the legislature: The legislature is burdened with an enormous volume of business and has limited time. Delegating the making of detailed rules relieves it so that it can concentrate on major policy and principal legislation.
2. Need for technical and expert knowledge: Many subjects (such as public health, taxation, aviation and finance) are highly technical. Experts in the relevant ministries and agencies are better placed than lay legislators to work out the detailed rules.
3. Flexibility and ease of amendment: Delegated legislation can be made, amended or revoked quickly and easily without going through the long parliamentary process, allowing the law to be adjusted promptly to changing circumstances.
4. To deal with emergencies: In times of war, disaster or sudden crisis, quick action is needed. The legislature cannot always meet in time, so delegated powers enable the executive to make prompt rules to meet the situation.
5. To handle unforeseen situations and details: It is impossible for the legislature to foresee and provide for every detail and future contingency in the main Act, so it lays down the broad framework and leaves the details to be filled in by subsidiary legislation.
6. To meet local needs: Local authorities are allowed to make bye-laws suited to the peculiar needs and conditions of their own areas, which the central legislature cannot conveniently do.
7. It saves time and cost: Passing every minor rule through the full legislative process would be slow and expensive; delegation is more economical.

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(a) Definition of democracy

Democracy, in the famous words of Abraham Lincoln, is government of the people, by the people and for the people. It is a system of government in which the ultimate political power belongs to the people, who exercise it either directly or, more commonly, through freely elected representatives. It is founded on popular sovereignty, majority rule with respect for minority rights, political equality, the rule of law and the protection of fundamental human rights. Government under democracy is based on the consent of the governed and is accountable to them.

(b) Conditions necessary for the successful operation of democracy

1. Free, fair and periodic elections: There must be regular, honest elections conducted by an independent electoral body, based on universal adult suffrage, so that the people can freely choose and change their leaders.
2. An enlightened and literate electorate: Citizens must be educated and politically conscious to understand issues, make informed choices and hold leaders accountable.
3. Existence of more than one political party: Freedom to form parties and a genuine opposition give the electorate a real choice and check the government.
4. Respect for fundamental human rights: Freedom of speech, the press, association and assembly must be guaranteed so that people can express themselves and criticise the government.
5. Rule of law and an independent judiciary: The law must be supreme, all must be equal before it, and impartial courts must protect rights and settle disputes.
6. Separation of powers and checks and balances: The organs of government must be separate to prevent abuse and concentration of power.
7. A free press and independent media: The media must be free to inform, educate and act as a watchdog on government.
8. A sound economy and reasonable standard of living: Poverty and hunger breed instability, so a viable economy supports democratic stability.
9. Political tolerance and a spirit of compromise: Leaders and citizens must accept differences of opinion, respect the will of the majority and honour election results.

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The nationalists criticised the Indirect Rule system introduced by the British for the following reasons.

1. It excluded the educated elite: Western-educated Africans were sidelined in favour of traditional rulers, denying them a role in governance.
2. It was undemocratic: Chiefs were used as agents of the colonial power rather than as accountable representatives of the people.
3. It made chiefs dictatorial: Backed by British authority, many chiefs became autocratic, overbearing and corrupt, abusing their subjects.
4. It was imposed on areas without chiefs: In societies such as the Igbo and other segmentary communities that had no centralised chiefs, artificial "warrant chiefs" were created, which the people rejected.
5. It retarded political development: By preserving traditional structures, it slowed the growth of modern democratic and representative institutions.
6. It divided the people: It emphasised ethnic and regional differences, hindering national unity.
7. It was a tool of exploitation: Chiefs were used to collect taxes and enforce unpopular colonial policies, making the system oppressive.
8. It denied genuine self-government: Real authority remained with British officials, so it was seen as a device to perpetuate colonial rule.