WAEC SSCE - Government - 2004 (Essay)

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The Judiciary is the arm of government that interprets the laws and settles disputes. Its main characteristics in a state are as follows.

1. Independence: The judiciary should be free from the control and interference of the executive and legislature so as to give impartial judgements.
2. Impartiality: Judges must be neutral and decide cases strictly on the merits without fear or favour, affection or ill-will.
3. Interpretation of the law: It is the organ that interprets the constitution and other laws and applies them to particular cases.
4. Security of tenure of judges: Judges hold office securely and can only be removed through a special, difficult procedure, so as to protect their independence.
5. Hierarchy of courts: The judiciary is organised in a graded system of courts, from lower courts up to the supreme court, allowing appeals.
6. Adjudication and dispute settlement: It settles disputes between individuals, and between individuals and the state.
7. Guardian of the constitution and human rights: It protects the fundamental rights of citizens and can declare unconstitutional acts null and void through judicial review.
8. Application of the rule of law: It ensures equality before the law and that no one is punished except for a breach of law.

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(a) Meaning of Native Authority

A Native Authority was a local governing body under the Indirect Rule system in British West Africa, made up of a traditional ruler or chief (or a council of chiefs) recognised and appointed by the colonial government to administer a defined area on its behalf. The Native Authority collected taxes, maintained law and order, ran native courts and a native treasury, and carried out other local functions under the supervision of a British Resident or District Officer.

(b) Defects of the Indirect Rule system

1. It made chiefs autocratic: Backed by colonial power, many chiefs abused their authority and oppressed the people.
2. It excluded the educated elite: Western-educated Africans were denied a role in governance, breeding resentment.
3. It failed in stateless societies: In areas without centralised chiefs, such as Igboland, artificial "warrant chiefs" were imposed and rejected by the people, leading to unrest such as the Aba Women's Riot of 1929.
4. It retarded political development: It preserved outdated traditional structures and slowed the growth of modern democratic institutions.

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(a) What is Capitalism?

Capitalism is an economic and political system in which the means of production, distribution and exchange (such as land, factories, capital and industries) are owned and controlled by private individuals or corporations for the purpose of making profit, with minimal interference from the state and prices determined by the forces of demand and supply.

(b) Features of Capitalism

1. Private ownership of the means of production: Individuals and firms own and control land, capital and industries.
2. Profit motive: Economic activities are driven by the desire to make profit.
3. Free market and price mechanism: Prices of goods and services are fixed by the forces of demand and supply.
4. Freedom of enterprise and choice: People are free to invest, produce, consume and choose their occupations.
5. Competition: Producers compete freely for markets, which promotes efficiency and quality.
6. Minimal government interference: The state plays a limited (laissez-faire) role in economic affairs.
7. Existence of social classes: Society is divided broadly into the owners of capital (bourgeoisie) and the working class.

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(a) Political parties in Nigeria during the Second Republic (1979-1983)

1. National Party of Nigeria (NPN)
2. Unity Party of Nigeria (UPN)
3. Nigerian People's Party (NPP)
4. Great Nigeria People's Party (GNPP)

Others included the People's Redemption Party (PRP) and, later, the Nigeria Advance Party (NAP).

(b) Functions performed by political parties

1. Contesting elections and forming government: Parties field candidates, win elections and form the government of the day.
2. Political education and mobilisation: They enlighten and mobilise the electorate on political issues and encourage participation.
3. Selection and recruitment of leaders: They nominate candidates and provide the pool from which political leaders are drawn.
4. Providing a programme of government: Through their manifestoes they offer policies and alternatives from which voters choose.
5. Serving as a link between government and the people: They channel the demands and grievances of the people to government and explain government policy to the people.
6. Acting as opposition: Losing parties check the government, criticise its excesses and offer alternative policies.

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In the Hausa/Fulani traditional political system the Emir was the head of the emirate and performed the following functions.

1. Chief executive of the emirate: The Emir was the political and administrative head who directed the affairs of the emirate and appointed and supervised his officials.
2. Chief judge: He was the highest judicial authority; he presided over the Alkali (Sharia) courts and gave final judgements, applying Islamic law.
3. Religious leader: As a devout Muslim ruler, he defended and promoted Islam and served as the spiritual head of his people.
4. Collection of taxes: Through officials such as the Sarkin Fada and district heads, he supervised the assessment and collection of taxes such as the jangali and zakat.
5. Maintenance of law and order: He commanded the emirate forces, maintained peace and security, and punished offenders.
6. Appointment of officials: He appointed and controlled district and village heads and other title-holders (such as the Waziri, Galadima and Madawaki) who assisted in administration.

He also defended the emirate against external attack and represented his people in dealings with other emirates and the Sultan of Sokoto.

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Taking Nigeria as the country, the Independence Constitution of 1960 had the following main features.

1. Parliamentary system of government: It established a cabinet system with a Prime Minister (Sir Abubakar Tafawa Balewa) as head of government responsible to Parliament.
2. The Queen as Head of State: The British monarch, represented by a Governor-General (Dr Nnamdi Azikiwe), was the ceremonial Head of State.
3. Federal structure: Nigeria was a federation of three regions (Northern, Western and Eastern) with a central government at Lagos and a division of powers between the centre and the regions.
4. Bicameral legislature: The federal Parliament consisted of a Senate and a House of Representatives.
5. Fundamental human rights: The rights of citizens were entrenched and made enforceable in the courts.
6. An independent judiciary: The courts were made independent, though the Judicial Committee of the Privy Council in Britain remained the final court of appeal.
7. Separation of powers with checks and balances among the legislature, executive and judiciary.
8. Amendment procedure: A rigid procedure was provided for altering the constitution.

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Government and state are related but distinct concepts. The main differences are shown below.

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(a) Meaning of Military Rule

Military rule is a system of government in which the armed forces (the army, navy and air force) seize and control the machinery of government, usually through a coup d'etat, and govern the state by decrees rather than by an elected legislature and a constitution.

(b) Five reasons why people reject Military Rule in West Africa

1. It is undemocratic: Military rule denies the people the right to elect their leaders and to participate in government, since power is seized by force.
2. Rule by decree and suppression of rights: The military governs by decrees, suspends the constitution and often suppresses fundamental human rights, the press and opposition.
3. Absence of the rule of law: Under military rule there is arbitrary use of power, detention without trial and lack of accountability, which the people resent.
4. Unconstitutional seizure of power: The military comes to power illegally through coups, which are unconstitutional and often accompanied by violence and bloodshed.
5. Concentration and abuse of power: Powers are concentrated in a few military officers without checks and balances, leading to dictatorship, corruption and mismanagement.

(Other acceptable reasons: absence of free elections and opposition; frequent coups and counter-coups causing instability; harshness and highhandedness of the regime; damage to the country's international image.)

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(a) Definition of the rights of a citizen

The rights of a citizen are the legal, political and social claims, freedoms and privileges which a person is entitled to as a member of a state, and which are recognised, protected and guaranteed by law. Examples include the right to life, freedom of speech, freedom of association, the right to vote and the right to fair hearing.

(b) Ways of safeguarding the rights of a citizen

1. Entrenchment in the constitution: Making fundamental rights part of the constitution and difficult to alter protects them from arbitrary removal.
2. An independent judiciary: Free and impartial courts enforce citizens' rights and provide redress when they are violated.
3. The rule of law: Ensuring that everyone, including the government, is subject to the law guarantees equal protection of rights.
4. Free and active press: A vigilant media exposes abuses and creates awareness of rights.
5. Separation of powers: Dividing power among the three arms of government prevents tyranny and abuse of citizens' rights.
6. Existence of pressure groups and civil society: These organisations campaign for and defend the rights of citizens.
7. Public enlightenment and education: Educating citizens about their rights enables them to demand and protect them.

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(a) Explanation of decentralisation

Decentralisation is the process of transferring or sharing political and administrative powers, functions and responsibilities from the central government to lower or subordinate levels of government, such as regional, state or local governments, so that decisions can be taken and services delivered nearer to the people. It is the opposite of centralisation, and its common forms include federalism, devolution and local government administration.

(b) Advantages of decentralisation

1. It brings government closer to the people: Services and decision-making are located nearer to the grassroots, meeting local needs better.
2. It promotes popular participation: Citizens are able to take part in the administration of their own affairs.
3. It reduces the workload of the central government: Routine matters are handled locally, freeing the centre to concentrate on national issues.
4. It ensures quick decision-making: Local authorities respond faster to local problems without waiting for the centre.
5. It encourages even development: Resources and projects can be spread across the various units of the country.
6. It serves as training ground for leadership: Local administration prepares people for higher political responsibility.

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Functions of the General Assembly of the United Nations Organization

The General Assembly is the main deliberative organ of the UN in which all member states are represented, each with one vote. Its functions include:

1. Deliberation on world issues: It discusses any question or matter within the scope of the UN Charter, including issues of international peace and security, and makes recommendations.
2. Admission of new members: On the recommendation of the Security Council, it admits new members into the organisation and may suspend or expel members.
3. Election of members to other organs: It elects the non-permanent members of the Security Council, the members of the Economic and Social Council, and, together with the Security Council, elects the judges of the International Court of Justice and appoints the Secretary-General.
4. Control of the budget: It considers and approves the budget of the UN and apportions the contributions (dues) payable by member states.
5. Supervision of other organs: It receives and considers annual reports from the Security Council and the other organs and agencies of the UN.
6. Promotion of international cooperation: It initiates studies and makes recommendations to promote cooperation in political, economic, social, cultural, educational and health fields, and the development of international law.
7. Promotion of human rights: It works to promote respect for human rights and fundamental freedoms for all, without discrimination.
8. Maintenance of peace and decolonisation: Through resolutions it works for the peaceful settlement of disputes, disarmament and the decolonisation of dependent territories.

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Merits of the Clifford Constitution of 1922

1. Introduction of the elective principle: For the first time in Nigeria (and British West Africa) it allowed the election of a few African members into the Legislative Council, giving Nigerians a say in law-making.
2. Growth of political parties and nationalism: The elective principle led to the formation of political parties such as the NNDP and stimulated political consciousness and newspaper activity.

Demerits of the Clifford Constitution of 1922

1. Very limited franchise: Only adult males in Lagos and Calabar with a high income qualification could vote, so the electorate was tiny and unrepresentative.
2. Elected members were a minority: Only four members were elected out of a large council dominated by official members, so Africans had no real power.
3. The North was excluded: The constitution applied mainly to the South; Northern Nigeria was left out of the legislative arrangement, deepening regional imbalance.
4. Official majority remained: The Governor and his officials retained control, and the Legislative Council had no authority over the North or real financial power.
5. No African in the Executive Council: Real executive power stayed entirely in British hands with no African representation.