WAEC SSCE - Government - 2002 (Essay)

Bayanin Amsa

(a) Concept of the rule of law

The rule of law is a principle of governance which holds that the law is supreme and that everybody, whether governor or governed, is equal before the law and subject to it. It was popularised by the British jurist A. V. Dicey. It means that no person should be punished except for a definite breach of the law established in the ordinary courts, that no one is above the law, and that the rights and liberties of citizens are best protected through the ordinary law of the land rather than through arbitrary power. Its three main pillars are:

• Supremacy of the law: government action must be based on law, not on the whims of rulers.
• Equality before the law: all persons, regardless of status, are subject to the same law and courts.
• Fundamental human rights: the liberties of the individual are guaranteed and enforceable in the courts.

(b)(i) Two advantages of the rule of law

1. Protection of fundamental human rights: it guarantees the freedom, life and property of citizens against arbitrary invasion by government or individuals.
2. Equality and justice: it ensures that all persons are treated alike before the law, promoting fairness and preventing discrimination and abuse of power.

(b)(ii) Two limitations of the rule of law

1. Immunity of certain officials: some office holders, such as the President, Governors and diplomats, enjoy legal immunity while in office and cannot be sued or prosecuted, which contradicts equality before the law.
2. State of emergency and delegated legislation: during emergencies, and through the powers given to the executive to make subsidiary laws, individual rights may be curtailed and ordinary legal processes suspended.

Bayanin Amsa

The struggle of Nigerian and other African nationalists for political independence was helped not only by internal factors but also by several developments outside the continent. The main external factors were:

1. The Second World War (1939-1945): African ex-servicemen who fought alongside Europeans returned home more politically aware, having seen that the white man was not invincible, and they demanded freedom and better conditions.
2. The Atlantic Charter (1941): the declaration by Churchill and Roosevelt affirming the right of all peoples to choose their own form of government encouraged nationalists to demand self-determination.
3. The formation of the United Nations Organisation: the UN Charter upheld the principle of self-determination and independence of colonial peoples, and the organisation put pressure on colonial powers to grant independence.
4. The independence of India and Pakistan (1947): the success of Asian nationalists in winning freedom from British rule inspired and encouraged African nationalists to intensify their own struggle.
5. Activities of Pan-Africanism: Pan-African congresses and leaders abroad, together with figures such as Marcus Garvey and W. E. B. Du Bois, created a spirit of black solidarity and fuelled the demand for freedom.
6. Rise of anti-colonial world opinion: the two new super-powers, the United States and the Soviet Union, were both opposed to colonialism, and growing world opinion condemned imperial rule.
7. Influence of Western education: nationalists educated in Britain and America absorbed liberal and democratic ideas of liberty and equality which they used to justify their demand for self-government.

Bayanin Amsa

The United Nations Organisation (UNO), founded in 1945 after the Second World War, rests on a number of basic principles set out in its Charter to guide the conduct of member states and the organisation itself:

1. Sovereign equality of all member states: all members, large or small, are regarded as equal and enjoy the same rights and status in the organisation.
2. Maintenance of international peace and security: members agree to settle their disputes by peaceful means and to refrain from the threat or use of force against other states.
3. Peaceful settlement of disputes: international disputes are to be resolved through negotiation, mediation, arbitration and other peaceful methods.
4. Non-interference in the internal (domestic) affairs of states: the UN does not intervene in matters that are essentially within the domestic jurisdiction of any member state.
5. Collective security: members undertake to act together against any aggressor to preserve peace and security.
6. Respect for fundamental human rights: the organisation is committed to promoting respect for human rights and fundamental freedoms for all, without discrimination.
7. Self-determination and equal rights of peoples: it upholds the right of peoples to self-determination and the promotion of friendly relations among nations.
8. Good faith and international co-operation: members pledge to fulfil their Charter obligations faithfully and to co-operate in solving international economic, social and cultural problems.

Bayanin Amsa

(a) Meaning of the State

The State is a politically organised body of people occupying a definite territory, having an organised government, and possessing sovereignty (supreme power) that is free from external control. It is a permanent political association that exercises authority over all persons and groups within its territory and has the power to make and enforce laws.

(b) Features (elements) of a State

1. Population: There must be a body of people, of no fixed number, living together within the state.
2. Territory: There must be a definite geographical area with recognised boundaries, including land, water and airspace.
3. Government: There must be an organised machinery through which the will of the state is formulated, expressed and carried out.
4. Sovereignty: The state must possess supreme power over its internal affairs and be free from external control (internal and external sovereignty).
5. Permanence: The state is a continuing and enduring institution; it does not die even though governments change.

Bayanin Amsa

Taking Nigeria as the example, several factors combined to produce political instability after independence in 1960:

1. Ethnicity and tribalism: strong loyalty to ethnic groups rather than to the nation created deep divisions, mutual suspicion and conflict among the major groups.
2. Rigged and disputed elections: massive electoral malpractices, such as those in the 1964 federal election and the 1965 Western Region election, led to violence, loss of confidence in the system and a breakdown of order.
3. Corruption and misrule: widespread corruption, nepotism and misuse of public funds by politicians bred public discontent and undermined the legitimacy of the government.
4. Military intervention in politics: frequent military coups and counter-coups, beginning with the coup of January 1966, repeatedly overthrew governments and disrupted constitutional rule.
5. Census and revenue controversies: disputes over the population census figures and over the sharing of national revenue heightened rivalry and distrust among the regions.
6. Weak national unity and the colonial legacy: the amalgamation of diverse peoples into one state by the colonial power, without a genuine sense of nationhood, left the country divided and prone to conflict, which eventually contributed to the civil war of 1967-1970.

Bayanin Amsa

Since independence, Africa has been the centre-piece of Nigeria's foreign policy, meaning that Nigeria gives first priority to the interests and welfare of the African continent. Four ways in which this has been demonstrated are:

1. Leading role in forming continental and regional bodies: Nigeria was a founding and leading member of the Organisation of African Unity (OAU), now the African Union (AU), and spearheaded the creation of the Economic Community of West African States (ECOWAS) in 1975 to promote African unity and integration.
2. Support for the liberation of African states: Nigeria gave moral, material and financial support to liberation movements, and was in the forefront of the struggle against apartheid and colonialism in Southern Africa, giving strong backing to countries such as Angola, Zimbabwe, Namibia and South Africa.
3. Peacekeeping and conflict resolution in Africa: Nigeria contributed troops and resources to peacekeeping operations, notably the ECOMOG interventions in Liberia and Sierra Leone, and to numerous other peace efforts on the continent.
4. Financial and technical assistance to African countries: Nigeria extended aid, loans and technical help to fellow African states, and established bodies such as the Nigerian Trust Fund and the Technical Aid Corps to provide skilled personnel and development assistance across Africa.

Bayanin Amsa

The simple majority system (also called the first-past-the-post or plurality system) is a method of voting in which the candidate who scores the highest number of votes is declared the winner, even if the votes do not amount to more than half of the total votes cast.

Three merits of the simple majority system

1. Simplicity: it is easy to understand, operate and administer. The winner is simply the candidate with the most votes, so both voters and electoral officials find it straightforward.
2. Quick and cheap results: counting is fast and there is usually no need for a second round of voting, which saves time and reduces the cost of conducting elections.
3. Stable and strong government: it tends to produce a clear winner and often a single majority party, which reduces the need for coalition governments and makes for a strong, stable executive.

Three demerits of the simple majority system

1. It is undemocratic in effect: a candidate can win with less than half of the total votes, meaning the majority of voters may have voted against the winner.
2. Wasted votes: all votes cast for losing candidates count for nothing, so a large section of the electorate ends up without effective representation.
3. Poor representation of minorities: small parties with support spread across many constituencies may win few or no seats, so the composition of the legislature does not reflect the true spread of opinion in the country.

Bayanin Amsa

(a) Concept of the sovereignty of a State

Sovereignty is the supreme power or authority of a state to make and enforce laws within its territory and to conduct its affairs free from external control. It is the highest legal authority in a state, above which there is no other power. Sovereignty has two dimensions:

• Internal sovereignty: the supreme authority of the state over all persons, groups and institutions within its territory, giving it the exclusive right to make and enforce laws.
• External sovereignty: the independence of the state in its relations with other states, meaning it is not subject to the control of any foreign power.

Sovereignty is generally described as absolute, permanent, indivisible, all-comprehensive and exclusive. It is the mark that distinguishes a state from other associations.

(b) Five factors that limit the sovereignty of a state

1. International law and treaties: obligations under international agreements and conventions restrict what a state may lawfully do.
2. Membership of international organisations: bodies such as the United Nations, ECOWAS and the African Union impose rules and decisions that member states must obey.
3. World public opinion: the pressure of global opinion and diplomatic reactions can compel a state to modify its conduct.
4. Economic dependence: reliance on foreign aid, loans and trade, and the conditions attached by donors and bodies like the IMF and World Bank, limit a state's freedom of action.
5. The constitution and fundamental human rights: the provisions of the constitution and the guaranteed rights of citizens place legal limits on the exercise of state power.

Bayanin Amsa

The Lyttleton Constitution of 1954, named after the Secretary of State for the Colonies Oliver Lyttleton, was a landmark in Nigeria's constitutional development. Its importance lies in the following:

1. Established true federalism: it firmly established federalism in Nigeria, clearly dividing powers between the central government and the regions through exclusive, concurrent and residual lists. It is regarded as the first genuinely federal constitution in Nigeria.
2. Regional autonomy: it granted greater autonomy to the Eastern, Western and Northern Regions, each with its own government, giving the regions more control over their own affairs.
3. Regionalisation of the public/civil service and judiciary: it provided for the regionalisation of the civil service, the judiciary and the marketing boards, strengthening the powers of the regions.
4. Lagos as federal territory: it made Lagos a federal territory, separate from the Western Region, to serve as the neutral seat of the central government.
5. Provision for premiers: it created the office of Premier as the head of government in each region, enhancing regional political leadership.
6. Foundation for self-government and independence: it prepared the ground for regional self-government (the East and West in 1957, the North in 1959) and ultimately for national independence in 1960. It also set the pattern of federalism that Nigeria has retained.

Bayanin Amsa

The 1976 Local Government Reform, introduced under the military government of General Murtala Mohammed and Olusegun Obasanjo, was the most far-reaching reform of local administration in Nigeria. Its major features were:

1. Uniform single-tier system: it established a uniform system of local government throughout the country, replacing the varied and confusing arrangements that had existed in the different regions.
2. Recognition as a third tier of government: local government was recognised as the third tier of government, distinct from the federal and state governments, with its own defined functions.
3. Direct statutory allocation of revenue: local governments were to receive statutory grants directly from the Federation Account and from the state governments, giving them a more reliable source of funds.
4. Population-based creation of councils: local government areas were created on the basis of population, generally within a range of about 150,000 to 800,000 people, to make them viable units of administration.
5. Elected councils and defined functions: elected councils were to run the local governments, and their functions (such as primary education, primary health care, markets, motor parks, roads and sanitation) were clearly spelt out.
6. Reduced traditional-ruler control: the role of traditional rulers in the day-to-day running of local government was reduced; they were given advisory roles through councils of chiefs rather than executive control.
7. Democratisation and mass participation: the reform aimed to bring government closer to the people and to encourage grassroots participation in decision-making and development.

Bayanin Amsa

Age-grades were associations of people of roughly the same age, especially common in the segmentary (stateless) societies of pre-colonial Nigeria such as Igboland. They performed important administrative, social and defence functions in the community.

Functions of the age-grades in pre-colonial administration

1. Defence and security: the younger and stronger age-grades formed the fighting force of the community, defending it against external attacks and maintaining internal security.
2. Maintenance of law and order: they acted as a police force, enforcing the decisions and laws of the community, arresting offenders and punishing those who broke the rules.
3. Execution of public works: they provided communal labour for the construction and maintenance of roads, markets, bridges, streams and public buildings.
4. Administration and decision-making: senior age-grades took part in the governing of the community, deliberating on important matters and helping to formulate and implement decisions.
5. Settlement of disputes: they helped to settle quarrels and minor disputes among members of the community, promoting peace and harmony.
6. Sanitation and environmental care: they kept the community clean by clearing bushes, keeping streams and paths tidy and enforcing environmental rules.
7. Socialisation and enforcement of morals: they upheld the customs, traditions and moral standards of the community and disciplined members who behaved wrongly.

Bayanin Amsa

The Secretary of State for the Colonies was a British cabinet minister based in London who was in overall charge of the administration of the British colonies, including Nigeria. He was the link between the colonies and the British government and Parliament. His functions were:

1. Overall supervision of the colonies: he was responsible to the British Parliament for the general administration and good government of all the colonies under his ministry.
2. Formulation of colonial policy: he formulated and directed the colonial policies to be carried out by the Governors in the colonies.
3. Appointment and control of Governors: he advised the Crown on the appointment, transfer and discipline of Governors and other senior colonial officials, and gave them instructions.
4. Approval of laws and constitutions: he reviewed and approved (or rejected) laws, ordinances and constitutional proposals from the colonies, and could disallow legislation passed by colonial legislatures.
5. Financial oversight: he supervised the finances of the colonies and approved their budgets and major expenditure.
6. Link with Parliament: he answered questions in Parliament concerning the colonies and defended colonial policy before the British legislature.
7. Channel of communication: he served as the official channel of correspondence between the colonial governments and the British government.