WAEC SSCE - Government - 1992 (Essay)

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Major features of the constitution of a state

A constitution is the body of fundamental rules and principles by which a state is governed. Its major features include:

1. The form of government: It states whether the government is unitary or federal, presidential or parliamentary, republican or monarchical.
2. Provisions on the organs of government: It establishes the legislature, the executive and the judiciary and defines their composition, powers and functions.
3. Separation of powers and checks and balances: It shows how powers are shared among the arms of government and how each checks the others.
4. Fundamental human rights: It guarantees the basic rights and freedoms of citizens, such as the right to life, liberty, fair hearing and freedom of expression.
5. The rule of law: It provides that government and citizens alike are subject to the law and that all are equal before the law.
6. Amendment procedure: It lays down the method by which the constitution itself may be altered or amended.
7. Citizenship provisions: It states who the citizens of the state are and how citizenship may be acquired or lost.
8. Supremacy clause: It usually declares itself the supreme law of the land, so that any other law inconsistent with it is null and void.

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Characteristics of the civil service

1. Permanence: Civil servants enjoy security of tenure; they remain in office regardless of changes of government, retiring only on grounds such as age, ill-health or misconduct.
2. Political neutrality (impartiality): Civil servants do not take part in partisan politics; they serve any government of the day faithfully irrespective of its political leanings.
3. Anonymity: They work behind the scenes and do not take public credit or blame for policies; it is the minister who is answerable to the public and to parliament.
4. Impartiality: They treat all citizens equally and give unbiased advice, without fear or favour.
5. Hierarchical organisation: The service is arranged in a clear chain of command, from the permanent secretary at the top down through the various grades, with each officer answerable to a superior.
6. Expertise and professionalism: Officers are recruited on merit through competitive examinations and are trained specialists in their fields.
7. Recruitment on merit: Appointment and promotion are based on qualification, ability and experience rather than on political patronage.
8. Rule by established rules and procedures: The service operates according to fixed regulations, official channels and written records.

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Functions of the Prime Minister in a cabinet system of government

1. Head of government: The Prime Minister is the chief executive who directs and controls the general policy and administration of the state.
2. Formation of the cabinet: He appoints ministers into the cabinet from among members of parliament and assigns them their portfolios; he can also reshuffle or dismiss them.
3. Presiding over cabinet meetings: He summons, chairs and directs the deliberations of the cabinet and coordinates the work of the various ministries.
4. Chief adviser to the Head of State: He advises the ceremonial Head of State (monarch or president) and is the main link between the government and the Head of State.
5. Leader of his party and of parliament: He is the leader of the majority party in the legislature and leads government business on the floor of the House.
6. Spokesman of the government: He explains and defends government policies both at home and abroad and represents the nation in international affairs.
7. Making of appointments: He advises on and makes key appointments to important public offices.
8. Advising dissolution of parliament: He may advise the Head of State to dissolve parliament and call fresh general elections.

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Revenue allocation is the sharing of nationally collected revenue among the tiers of government (federal, state and local) and among the component states. Over the years several principles have guided this exercise in Nigeria.

1. Derivation: Revenue is shared partly on the basis of the contribution each state makes to the national purse; a state that produces resources such as oil receives a percentage of the revenue derived from it.
2. Population: States with larger populations receive a larger share, since they have more people to cater for in terms of services and amenities.
3. Equality of states: A portion is shared equally among all the states regardless of size or population, to promote a sense of belonging and unity.
4. Need: Allocation takes account of the developmental and social needs of each unit, so that less developed areas receive support.
5. Even development / balanced development: Revenue is shared so as to reduce inequalities and promote balanced growth across all parts of the country.
6. Landmass and terrain: States with large land areas or difficult terrain requiring greater spending on infrastructure receive consideration.
7. Internal revenue effort: States are rewarded for their effort in generating internal revenue, to encourage financial responsibility.
8. National interest: Some revenue is reserved to meet national obligations and emergencies in the overall interest of the country.

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Non-alignment is a foreign policy of refusing to be permanently tied to any of the rival power blocs (during the Cold War, the Western capitalist bloc led by the USA and the Eastern communist bloc led by the USSR). The following reasons show that Nigeria is a non-aligned nation.

1. Membership of the Non-Aligned Movement: Nigeria is a founding-era and active member of the Non-Aligned Movement, formally committing it to the policy of non-alignment.
2. Refusal to join any military alliance: Nigeria has never joined either NATO (Western) or the former Warsaw Pact (Eastern) military blocs, keeping it free of bloc obligations.
3. Judging issues on their merit: Nigeria decides its position on international issues on the basis of their justice and its own national interest, not on the dictates of any power bloc.
4. Trade and diplomatic relations with both blocs: Nigeria maintains economic, diplomatic and technical relations with both capitalist and communist countries without discrimination.
5. Support for decolonisation and anti-imperialism: Nigeria consistently supported liberation movements and opposed colonialism, apartheid and racism, a hallmark of the non-aligned position.
6. Freedom of action in foreign policy: Nigeria retains the freedom to formulate and pursue an independent foreign policy centred on African interests without external control.

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The 1979 Constitution of Nigeria introduced the American-style presidential system, in which the President was both Head of State and Head of Government (chief executive). His functions included the following.

1. Head of State and Head of Government: He was the symbol of national unity and at the same time the effective chief executive who directed the affairs of government.
2. Execution of laws and policies: He was responsible for implementing and enforcing the laws made by the National Assembly and for formulating and executing government policies.
3. Commander-in-Chief of the Armed Forces: He controlled and directed the armed forces and was responsible for the defence and security of the nation.
4. Appointment of principal officers: He appointed ministers, ambassadors, judges and other top public officers, subject to confirmation by the Senate where required.
5. Conduct of foreign affairs: He directed the country's foreign policy, received and appointed envoys, and negotiated and signed treaties.
6. Assent to bills: He signed bills passed by the National Assembly into law, and could withhold assent (veto), which the Assembly could override by a two-thirds majority.
7. Preparation of the national budget: He prepared and laid the annual budget (Appropriation Bill) before the National Assembly for approval.
8. Prerogative of mercy: He could grant pardon, reprieve or commute the sentence of convicted persons.

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Stages of passing a bill into law

A bill is a proposed law before it is passed and assented to. It passes through the following stages in the legislature:

1. First Reading: The bill is formally introduced. Only the title is read out and copies are circulated to members. There is no debate at this stage.
2. Second Reading: The general principles and objectives of the bill are debated. Members argue for or against it, and a vote is taken on whether it should proceed. This is the most important stage.
3. Committee Stage: If it passes the second reading, the bill is referred to a committee (a select or the committee of the whole House) which examines it clause by clause, takes evidence and makes amendments.
4. Report Stage: The committee reports the amended bill back to the House. The amendments are considered and either accepted or rejected by the whole House.
5. Third Reading: The bill is considered in its final, amended form. Only minor verbal changes are allowed, and a final vote is taken to pass it.
6. Passage to the other chamber: In a bicameral legislature, the bill goes through the same stages in the second chamber. Any disagreement is resolved by a conference/joint committee.
7. Executive assent: The bill is sent to the Head of State (President/Governor), who signs it into law. It then becomes an Act (or Law) and takes effect. If he withholds assent, the legislature may override the veto by the required majority.

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The Macpherson Constitution of 1951, though it introduced a large measure of self-government and a federal structure, broke down within a few years. The reasons for its breakdown include the following.

1. Absence of a doctrine of collective responsibility: Ministers had no real executive power and were not collectively responsible; they were mere advisers to the British officials who still held real power, causing frustration among nationalists.
2. The Central Legislature was too weak: The regions had grown strong while the centre lacked the power to control them, and there was constant friction over the division of powers.
3. Rivalry and mistrust among the political parties and ethnic groups: Deep suspicion between the North and the South, and among the NCNC, Action Group and NPC, made cooperation difficult.
4. The Kano Riot of 1953: Violent clashes between Northerners and Southerners in Kano deepened regional bitterness and made the existing arrangement unworkable.
5. The self-government motion of 1953: Anthony Enahoro's motion for self-government in 1956 was rejected by the Northern members, leading to a walkout and open conflict that exposed the constitution's inability to hold the regions together.
6. Its rigid and undemocratic features: The constitution was imposed with limited genuine consultation, and its unworkable sharing of powers between centre and regions made collapse inevitable, forcing a new conference and the Lyttleton Constitution of 1954.

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Features of French colonial administration in West Africa

1. Policy of assimilation (and later association): The French aimed to turn Africans into black Frenchmen by imposing French language, culture, laws and customs, so that the colonies were regarded as overseas parts of France.
2. Direct rule (centralisation): The French governed directly through their own appointed officials rather than through traditional rulers, and traditional chiefs were reduced to mere agents who carried out French orders.
3. Highly centralised structure: All the territories were grouped into large federations (French West Africa, based in Dakar, and French Equatorial Africa) under a Governor-General, with power flowing from Paris downwards.
4. Citizen and subject distinction: A few assimilated Africans became French citizens with full rights, while the vast majority remained "subjects" governed by the harsh indigenat code.
5. The indigenat (native code): Subjects were governed by a special code that allowed administrators to punish them summarily without trial.
6. Forced labour and taxation: The system relied heavily on forced (compulsory) labour and heavy direct taxation of the people.
7. Representation in the French Parliament: Citizens from the colonies could elect deputies to represent them in the French National Assembly in Paris.
8. Assimilation of law and the economy tied to France: French law applied to citizens, and the economy was organised to serve metropolitan France.