WAEC SSCE - Government - 1996 (Essay)

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Constitutional evolution of federalism in Nigeria up to 1954

1. Amalgamation of 1914: Federalism in Nigeria has its distant roots in the amalgamation of the Northern and Southern Protectorates by Lord Lugard in 1914, which brought different peoples under one government while still administering the North and South somewhat separately.
2. The Clifford Constitution (1922): It introduced the elective principle and a Legislative Council for the Colony and the South, but the North was still governed separately, keeping alive the North-South divide within one country.
3. The Richards Constitution (1946): This is regarded as the real beginning of Nigerian federalism. Governor Sir Arthur Richards divided Nigeria into three regions - Northern, Western and Eastern - each with a Regional (Advisory) House, while retaining a central Legislative Council. It brought the North into a common legislature and laid the foundation of regionalism.
4. The Macpherson Constitution (1951): Drawn up after wide consultation, it strengthened the regions by giving each a House of Assembly with legislative powers and Regional Executive Councils, and provided a central government. It moved Nigeria further towards a federal structure, though disagreements over the powers of the centre and the regions soon exposed its weaknesses (as seen in the 1953 self-government motion crisis).
5. The Lyttelton Constitution (1954): This constitution formally and clearly established Nigeria as a federation. It divided powers between the central government and the three regions through an Exclusive List (central), a Concurrent List (both) and residual powers (regions). Lagos became the Federal Territory, and the regions were given greater autonomy, with regional premiers and public services. It is therefore regarded as the true foundation of Nigerian federalism.

Thus, from the amalgamation of 1914 through the Richards and Macpherson Constitutions, federalism gradually took shape, culminating in the fully federal Lyttelton Constitution of 1954.

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(a) The political concept of legitimacy

Legitimacy is the quality of being lawful, rightful and generally accepted. In politics it refers to the popular acceptance and recognition by the people of the right of a government or ruler to hold and exercise political power. A government is legitimate when it comes to power in accordance with the accepted rules and constitution of the state and is willingly obeyed by the citizens. Legitimacy is therefore closely linked to consent, acceptance and the moral right to rule.

(b) Factors that sustain legitimacy in a state

1. Constitutionality: A government that acquired and exercises power in accordance with the constitution and due process retains the acceptance of the people.
2. Free and fair elections: Where leaders emerge through genuine, periodic and credible elections, the people accept their authority as rightful.
3. Good governance and performance: A government that provides security, welfare and social amenities and improves the well-being of the people wins and keeps their loyalty.
4. Rule of law and respect for rights: Respect for the law, human rights and justice strengthens the people's confidence in and acceptance of the government.
5. Popular participation: Allowing citizens to take part in government through voting, free association and expression sustains their sense of ownership and acceptance.
6. Accountability and transparency: An honest, open and accountable government free from corruption maintains public trust.
7. Political stability and continuity: A stable, orderly succession of governments according to accepted rules preserves legitimacy.
8. Effective political socialisation: Through education, the media and civic training, citizens are taught to accept and support the political system.

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Importance of political neutrality of the Civil Service

1. To ensure continuity in administration: Governments change but the civil service remains. Neutrality enables civil servants to serve any government that comes to power, ensuring stability and continuity of administration.
2. To give loyal and impartial service to every government: A neutral civil service serves the government of the day faithfully, regardless of the party in power, and implements its policies without bias.
3. To maintain professionalism and merit: Neutrality keeps the service professional, so that appointments and promotions are based on merit rather than political patronage.
4. To ensure fairness and equal treatment of citizens: A non-partisan civil service treats all citizens equally in the delivery of public services, irrespective of their political affiliation.
5. To give honest and objective advice: Politically neutral officials can give the government frank, expert and unbiased advice without fear of favour.
6. To preserve public confidence: Impartiality wins and keeps the trust of the public in the fairness and integrity of the administration.
7. To avoid instability and victimisation: If civil servants were partisan, a change of government could lead to mass dismissals, disorder and inefficiency.
8. To uphold the rule of law: A neutral service administers the laws and policies faithfully and consistently, upholding justice and good governance.

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Problems facing the Economic Community of West African States (ECOWAS)

1. Language and colonial differences. The division into Anglophone, Francophone and Lusophone states creates communication barriers and divergent loyalties, especially the strong ties of French-speaking members to France.
2. Multiple and overlapping currencies. The absence of a single convertible currency (the CFA franc versus national currencies) hampers trade and payments among members.
3. Political instability. Frequent coups, civil wars and insurgencies disrupt cooperation and force the community to divert resources to peacekeeping (for example ECOMOG in Liberia and Sierra Leone).
4. Similar, competing economies. Most members export the same primary products and import manufactures, so they compete rather than complement one another, limiting intra-regional trade.
5. Poor infrastructure. Inadequate roads, railways, ports and telecommunications linking member states obstruct the free movement of goods and persons.
6. Inadequate funding and unpaid dues. Members often default on their financial contributions, starving the Secretariat and its programmes of funds.
7. Smuggling and protectionism. Some states protect local industries and revenue by restricting the free-trade and free-movement protocols, encouraging smuggling.
8. Fear of Nigerian dominance. Nigeria's size and economic weight make smaller members wary of domination, breeding suspicion and reluctance to integrate fully.
9. Loyalty to external bodies. Continued membership of the Franc Zone and preferential ties to the EU dilute commitment to ECOWAS.

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Why the pre-colonial government in Yorubaland can be described as democratic

Although the Oba (king) was the head of government, his powers were checked and the people participated in governance. The following features show its democratic character:

1. The Oba was not an absolute ruler: The Oba ruled with, and was checked by, a council of chiefs. He could not take major decisions alone, which prevented tyranny.
2. The Oyo Mesi (council of kingmakers): This powerful council of seven chiefs, headed by the Bashorun, selected the Oba and could check his excesses, thereby limiting royal power.
3. Checks and balances: The Oyo Mesi checked the Alaafin, while the Ogboni cult (Osugbo) checked the Oyo Mesi, creating a system of balance among the organs of government.
4. Power to remove a bad ruler: If the Oba became tyrannical, the Oyo Mesi could reject him; by presenting him with an empty calabash or parrot's egg, he was called upon to "go to sleep" (commit suicide). This is comparable to a vote of no confidence.
5. Consultation and consensus: Decisions were reached through discussion, consultation and consensus among the Oba, the chiefs and the elders, rather than by the will of one man.
6. Representation of interests: Various groups - age-grades, guilds, town chiefs, market women (through the Iyalode) - were represented and had a voice in the affairs of the community.
7. Public participation and accountability: Rulers were accountable to the people through the chiefs and councils, and the interests and welfare of the people were considered.
8. Rule of law and respect for custom: Government was carried on according to established customs, traditions and taboos which even the Oba had to respect.

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Main changes introduced by the 1963 Republican Constitution of Nigeria

1. Nigeria became a Republic. The country cut its last constitutional link with the British Crown; the Queen ceased to be Head of State.
2. Office of President created. A ceremonial President replaced the Governor-General as Head of State. Dr. Nnamdi Azikiwe became the first President.
3. The President replaced the Queen as source of authority. Executive acts, appointments and assent to bills were now done in the name of the President rather than the Crown.
4. Judicial appeals to the Privy Council abolished. The Supreme Court of Nigeria became the highest and final court of appeal, ending appeals to the Judicial Committee of the Privy Council in London.
5. Oath of allegiance changed. Loyalty was now sworn to the Republic of Nigeria and its constitution instead of to the British monarch.
6. Retention of the parliamentary and federal framework. The federal structure of Regions, the parliamentary system with a Prime Minister as head of government, and the bicameral legislature inherited from the 1960 Constitution were retained.
7. Creation of the Mid-West Region (1963). A fourth region was carved out of the Western Region, altering the regional map.
8. Rigid amendment procedure kept. Alterations to entrenched clauses still required special majorities of the federal and regional legislatures.

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Reasons for the adoption of a bicameral legislature by some countries

1. Prevention of hasty legislation: The existence of two chambers ensures that bills are debated twice, allowing errors to be corrected and preventing rash or ill-considered laws.
2. Federal representation: In federal states, the second chamber (e.g. the Senate) gives equal representation to the component units regardless of size, protecting the interests of the smaller states.
3. Checks and balances within the legislature: The two houses check each other, guarding against the abuse of legislative power and the tyranny of a single all-powerful chamber.
4. Wider and better representation: Two chambers allow for the representation of different interests, groups and sections of society, giving a broader base to the legislature.
5. Revising role of the second chamber: The upper house acts as a revising body, giving a second, more careful look at legislation passed by the lower house.
6. Reduction of workload: The volume of legislative work is shared between the two houses, making law-making more thorough.
7. Protection of minority interests: The second chamber can serve as a forum to protect the interests of minorities and special groups.
8. Room for experience and expertise: The upper house can accommodate experienced elder statesmen and experts whose wisdom improves the quality of legislation.

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Difficulties African states face in implementing the principles of Non-Alignment

The Non-Aligned Movement urged newly independent states to avoid taking sides in the Cold War rivalry between the Western (capitalist) and Eastern (communist) blocs and to pursue an independent foreign policy. Many African countries found this ideal hard to practise for the following reasons:

1. Economic dependence on the former colonial powers. Trade, aid, loans and technical assistance tied African states to Western economies, forcing them to align their policies with their creditors rather than remaining neutral.
2. Military and defence agreements. Defence pacts, arms supplies and the presence of foreign military bases obliged some states to lean towards the bloc that armed and protected them.
3. Ideological attachment. Some leaders openly adopted either capitalist or Marxist-socialist ideologies, which pulled them firmly into one Cold War camp and away from genuine neutrality.
4. Superpower pressure and interference. The USA and USSR used aid, propaganda, subversion and support for rival factions to draw African states to their side, making true non-alignment risky.
5. Poverty and the search for development capital. Desperate for finance to develop, states accepted conditions attached to aid, sacrificing an independent stance for economic survival.
6. Internal political instability. Coups, civil wars and factional struggles made rival groups seek external backers, dragging the whole country into bloc politics.
7. Weak, inexperienced diplomacy. Many young states lacked the trained diplomats, resources and unity of purpose needed to hold a firm independent line at international fora.
8. Membership of blocs dominated by the powers. Ties such as the Commonwealth and the Francophone community committed members to positions consistent with those blocs.

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Factors that determine the electoral success of a political party

1. Sound party organisation: A well-structured party with an efficient network of branches, dedicated members and effective machinery for mobilising voters is more likely to win elections.
2. Attractive manifesto and programmes: A party with a clear, realistic and appealing programme that addresses the needs and aspirations of the people gains wider support.
3. Adequate finance: Elections are expensive; a party with sufficient funds for campaigns, publicity and organisation has a great advantage.
4. Quality and popularity of candidates and leaders: Credible, competent and charismatic leaders and candidates attract voters to the party.
5. Effective campaign and publicity: Good use of the mass media, rallies and door-to-door canvassing to reach and persuade the electorate boosts a party's chances.
6. Past record/performance: A ruling party's achievements in office, or a new party's promise of better governance, influences how people vote.
7. Wide membership and national spread: A party that cuts across ethnic, religious and regional lines commands broader support.
8. Support of interest groups: The backing of trade unions, professional bodies, religious and ethnic associations enhances a party's electoral fortunes.
9. A free and fair electoral system: An impartial electoral body and a level playing field allow a genuinely popular party to translate its support into victory.