WAEC SSCE - Government - 1989 (Essay)

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Factors to be considered in drawing up a Constitution

1. History and past experience of the people: The historical background, previous constitutions and political experience of the society must guide the framers so as to avoid past mistakes.
2. The wishes and aspirations of the people: A constitution should reflect the desires, values and aspirations of the citizens if it is to command their acceptance and loyalty.
3. The system of government to be adopted: The framers must decide whether the state will be unitary or federal, presidential or parliamentary, and provide accordingly.
4. Cultural, ethnic and religious composition: The diversity of the society in terms of ethnic groups, languages and religions must be taken into account to ensure fairness and unity.
5. Fundamental human rights: Provisions guaranteeing the basic rights and freedoms of citizens should be entrenched to protect the individual.
6. Separation of powers and checks and balances: The powers of the legislature, executive and judiciary should be clearly defined and balanced to prevent tyranny.
7. Economic situation and resources: The level of economic development and available resources should be considered so that the constitution is workable and not too costly.
8. Method of amendment: A clear and appropriate procedure for amending the constitution should be provided so that it can be changed to meet future needs.
9. Sovereignty and the international environment: The position of the state in the world and its relations with other states may also be considered.

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Reasons why citizens obey the laws of the state

1. Fear of punishment: Citizens obey the law to avoid sanctions such as fines, imprisonment or other penalties imposed on law-breakers.
2. Legitimacy of the government: Where the government came to power lawfully and is accepted as rightful, citizens feel a moral duty to obey its laws.
3. Protection of life and property: People obey the law because it guarantees their safety, protects their property and maintains order in society.
4. The laws are just and beneficial: When laws are seen to be fair, reasonable and made for the common good, citizens obey them willingly.
5. Habit and socialisation: Through upbringing, education and custom, obedience to the law becomes a habit and part of the people's way of life.
6. Patriotism and love of country: Loyal and patriotic citizens obey the law out of a sense of duty and devotion to their state.
7. Participation in law-making: Where citizens (through their elected representatives) take part in making the laws, they feel bound to obey what they themselves have made.
8. Religious and moral conviction: Many obey the law because it agrees with their religious teachings and moral beliefs about right conduct.

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The French policies of Assimilation and Association

Assimilation

Assimilation was the earlier French colonial policy which aimed at turning Africans into French men and women in language, culture, laws and thought. Under it, the colonies were regarded as part of France and their people, if suitably educated, could become French citizens.

• French language, culture, laws and customs were imposed on the colonies, and African traditions were suppressed.
• Africans who satisfied certain conditions (the evolues, e.g. in the Four Communes of Senegal) could become French citizens and even elect deputies to the French Parliament in Paris.
• The colonies were administered directly from France as overseas provinces, with a highly centralised system.
• It was based on the assumption of the cultural superiority of France and the equality of all who accepted French civilisation.

Association

Because full assimilation proved too costly, impracticable and resisted by both Africans and the French, it was largely replaced by the policy of Association.

• Under Association, Africans were allowed to retain some of their own institutions, customs and traditions rather than being turned wholly into French people.
• The Africans and the French were regarded as partners, but with France as the senior and dominant partner.
• The mass of Africans remained subjects (not citizens) governed under the harsh indigenat code, while only a few remained citizens.
• It was more flexible and practical than assimilation, though still directed towards serving French interests.

In sum, assimilation sought to make Africans French, while association sought cooperation between the French and Africans under French control.

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The part played by chiefs in British colonial administration in Nigeria

Under the system of Indirect Rule, the British governed the people through their traditional rulers. The chiefs performed the following roles:

1. Local administration: Chiefs served as native authorities, ruling their people on behalf of the British and carrying out the day-to-day administration of their areas.
2. Maintenance of law and order: They kept the peace in their domains, controlled their subjects and reported disturbances to the colonial authorities.
3. Collection of taxes: Chiefs assessed and collected taxes and levies from their people and paid them into the native treasury for the colonial government.
4. Administration of justice: They presided over the native/customary courts, tried cases under customary law and settled disputes among their subjects.
5. Enforcement of colonial policies: Chiefs transmitted and enforced the orders, laws and directives of the British among the local people.
6. Provision of labour and recruitment: They supplied labour for public works such as road construction and, at times, recruited men for the army and for colonial projects.
7. Link between the people and the government: Chiefs acted as intermediaries, conveying the wishes of the colonial government to the people and the grievances of the people to the government.

Indirect rule worked well in the North with its established emirates, less well in the West, and poorly in the East where there were no strong centralised chiefs, leading to the unpopular imposition of "warrant chiefs".

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Development of the Action Group (A.G.)

1. Origin: The Action Group grew out of the Yoruba cultural organisation, the Egbe Omo Oduduwa (Society of the Descendants of Oduduwa), founded in 1948. It was transformed into a political party in 1951 by Chief Obafemi Awolowo and his associates in the run-up to the 1951 general elections.
2. Leadership: Its foremost leader was Chief Obafemi Awolowo, supported by men such as S. L. Akintola, Anthony Enahoro and Bode Thomas.
3. Base: Although it aimed at a national spread, its main stronghold was the Western Region, where it drew strong support from the Yoruba.
4. Objectives: It stood for the immediate self-government of Nigeria, the welfare of the people, and a federal structure that would protect the interests of the regions and minorities.
5. Achievements in government: The A.G. controlled the government of the Western Region from 1951. It introduced free primary education, free health services for children, and pioneering developments such as the first television station in Africa (WNTV) and the Cocoa House in Ibadan.
6. Role in the nationalist struggle: The party pressed vigorously for independence. In 1953 its member Anthony Enahoro moved the first motion for Nigeria's self-government.
7. Crisis and decline: A leadership struggle between Awolowo and Akintola in the early 1960s split the party, leading to the Western Region crisis, the treason trial and imprisonment of Awolowo, and the weakening of the party before the collapse of the First Republic in 1966.

(A candidate may alternatively trace the NCNC or the NPC; credit is given for any one party correctly developed.)

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Meaning of a Federal State

A federal state is a state in which governmental powers are constitutionally divided and shared between a central (national) government and component units (states or regions), with each tier being coordinate and independent within its own sphere of authority, and with the whole arrangement guaranteed by a written and rigid constitution.

Problems usually associated with a federal system of government

1. Conflict over division of powers: Disputes frequently arise between the central and unit governments over their respective areas of jurisdiction, leading to friction.
2. Threat of secession: Component units may seek to break away from the union, endangering national unity, as happened in the Nigerian civil war.
3. Problem of revenue allocation: Sharing national revenue fairly among the tiers and units is difficult and a constant source of tension.
4. Expensive to operate: The duplication of legislative, executive and judicial institutions at both levels makes the system costly to run.
5. Ethnic and regional rivalry: Federalism can encourage sectionalism, ethnicity and unhealthy competition among the units.
6. Rigidity and delay: The rigid constitution and the need for consensus between tiers can make decision-making and reform slow and cumbersome.
7. Uneven development: Differences in resources among units may create disparities in the pace of development and breed grievances.
8. Overlapping of functions: The concurrent exercise of powers may cause confusion, duplication and inter-governmental conflict.

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Significance of the 1922 Clifford Constitution

1. Introduction of the elective principle: For the first time in Nigeria (and West Africa), the constitution introduced the elective principle, allowing a few Africans to be elected into the Legislative Council. This was its most important feature.
2. Limited African representation: It provided for four elected members - three for Lagos and one for Calabar - giving Africans, though few, a voice in the central legislature for the first time.
3. Franchise based on property: The right to vote was granted to adult males resident in Lagos or Calabar with an income of £100 per annum, thereby introducing a (restricted) franchise.
4. Stimulation of party politics: The elective principle encouraged the formation of political parties, notably Herbert Macaulay's Nigerian National Democratic Party (NNDP) in 1923, which was formed to contest the elections.
5. Growth of the press and political awareness: It stimulated political activity, the growth of newspapers and the rise of nationalist consciousness.
6. Enlargement of the Legislative Council: It created a Legislative Council for the Colony and Southern Nigeria, though the North remained governed by proclamation.
7. A step towards later constitutional advance: It laid a foundation upon which subsequent constitutions (Richards, Macpherson, etc.) built greater African participation.

Its limitation was that it excluded the North from the Legislative Council and gave Africans only a small, advisory role dominated by official members.

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The military came into Nigerian politics through the coup of 15 January 1966. The following factors account for this intervention:

1. Widespread political corruption: The reckless embezzlement and misuse of public funds by politicians of the First Republic disgusted the young officers, who claimed to intervene to sanitise the system.
2. Rigging of elections: The massive rigging of the 1964 federal election and the 1965 Western Region election destroyed public confidence in the democratic process.
3. Political instability and breakdown of law and order: The violence, arson and killings, especially the "wetie" disturbances in the Western Region, created near-anarchy that the army used to justify seizing power.
4. The census controversy: The disputed 1962/63 census figures deepened distrust and rivalry among the regions and helped to destabilise the polity.
5. Ethnic and regional rivalry: Bitter competition and mutual suspicion among the major ethnic groups made national governance almost impossible.
6. Weakness of democratic institutions: The fragile parliament, judiciary and electoral bodies could not check abuse of power, leaving a vacuum the military filled.
7. Nepotism and tribalism in public life: Favouritism in appointments and the allocation of resources bred resentment that the coup plotters cited as justification.

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Importance of government as an institution of the state

Government is the machinery or institution through which the will of the state is formulated, expressed and carried out. Its importance includes the following:

1. Maintenance of law and order: Government makes and enforces laws, and through the police and courts it maintains peace, punishes offenders and protects life and property.
2. Protection of the state from external aggression: Through the armed forces, government defends the territorial integrity and sovereignty of the state against invasion.
3. Provision of social amenities and welfare: Government provides essential services such as roads, water, electricity, education and health facilities for the well-being of the citizens.
4. Promotion of economic development: It formulates and implements economic policies, regulates trade and industry, collects revenue and manages the economy for growth and prosperity.
5. Protection of the rights and freedoms of citizens: Government safeguards the fundamental human rights of the people and provides avenues for redress when rights are violated.
6. Settlement of disputes and administration of justice: Through the judiciary, government resolves conflicts between individuals and between citizens and the state.
7. Conduct of external relations: Government represents the state abroad, enters into treaties and promotes the interests of the state in the international community.
8. Regulation of the conduct of citizens: It sets standards of behaviour, controls the use of resources and organises society for orderly and harmonious living.

In sum, without government the state would collapse into anarchy; government is therefore indispensable for the survival, order and progress of the state.

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Reasons for the increase in the powers of the Executive in recent years

1. Growth of state functions (welfare state): Modern governments now provide education, health, housing and social services. These enormous tasks are executed by the executive, thereby expanding its powers.
2. Complexity of modern problems: Issues such as the economy, technology and security are complex and technical, requiring the expertise, speed and specialised machinery of the executive rather than the slow legislature.
3. Delegated legislation: Because the legislature has no time to make detailed laws, it delegates law-making authority to the executive to fill in the details through rules and regulations, increasing executive power.
4. Emergencies and national security: Wars, disasters and emergencies demand quick and decisive action which only the executive can provide, and emergency powers enlarge its authority.
5. Control of the economy: Government planning, budgeting and regulation of economic life are carried out by the executive, greatly widening its influence.
6. Party discipline and control of the legislature: Where the executive controls a disciplined majority party in the legislature, it effectively dominates law-making.
7. Control of information and the bureaucracy: The executive commands the civil service, the armed forces and vast information, which strengthen its position over the other arms.
8. Rise of the mass media and personality of leaders: Modern communication focuses attention on the head of the executive, enhancing his prestige and power.