WAEC SSCE - Government - 1990 (Essay)

Maelezo ya Majibu

(a) The Concept of the Rule of Law

The Rule of Law is the principle that a country should be governed by law and not by the arbitrary wishes of individuals in power. It was popularised by A.V. Dicey and rests on three main pillars:

• Supremacy of the law: No one can be punished except for a definite breach of the law established in the ordinary courts; government must act according to law.
• Equality before the law: All persons, high or low, are subject to the same law and the same courts, and no one is above the law.
• Fundamental rights of the individual: The rights and liberties of citizens are guaranteed and protected by the ordinary courts.

Other principles associated with it include the independence of the judiciary, fair hearing, and the presumption of innocence until proved guilty.

(b) Problems Associated with the Application of the Rule of Law

1. Official immunity: Heads of state, governors and diplomats enjoy immunity and cannot be prosecuted while in office, breaching equality before the law.
2. Delegated legislation: The making of laws by the executive and agencies, sometimes with wide discretionary powers, conflicts with the supremacy of the law.
3. Emergency powers and decrees: During states of emergency or military rule, rights are suspended and rule by decree replaces the ordinary law.
4. Corruption in the judiciary and police: Bribery and manipulation of justice undermine equality before the law.
5. Influence of wealth and status: The rich and powerful can secure better legal defence and manipulate the system, unlike the poor.
6. Ignorance and illiteracy: Many citizens do not know their rights and cannot enforce them.
7. Discrimination: Ethnic, religious, political or class bias leads to unequal treatment.
8. Preventive detention and ouster clauses: Detention without trial and laws that oust the jurisdiction of the courts weaken the rule of law.

(Any relevant problems are acceptable.)

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Why Some West African Countries Adopt the Unitary System While Others Do Not

A unitary system is one in which all governmental powers are concentrated in a single central government, while a federal system shares powers between a central government and component (regional/state) units. The choice between them depends on the peculiar conditions of each country.

Reasons some West African countries adopt the unitary system:

1. Small size of the country: Countries with small land area, such as The Gambia, Togo or Sierra Leone, can be conveniently governed from one centre.
2. Homogeneous population: Where the people share a common language, culture and religion, there is less need to divide power among diverse groups, so a single government suffices.
3. Desire for national unity: A strong central government is seen as a way of promoting unity and preventing division and secession.
4. Economic considerations: A unitary system is cheaper to run because it avoids the duplication of governmental structures found in a federation.
5. Ease and speed of administration: Concentrating power at the centre allows quick decision-making and uniform policies throughout the country.
6. Small and manageable population: A smaller population is easier to govern from a single centre.

Reasons others do not (they adopt federalism):

1. Large size: Large countries such as Nigeria are difficult to govern from one centre and need regional units.
2. Heterogeneous/plural society: The presence of many ethnic groups, languages, religions and cultures makes it necessary to share power and give each group a sense of belonging.
3. Fear of domination: Minority groups prefer federalism to protect themselves from domination by a single central power.
4. Historical background: Some states were formed by joining together formerly separate units that wished to retain some autonomy.
5. Uneven development: Wide differences in the level of development among regions favour a system that allows regional self-management.

(Any relevant points are acceptable.)

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Why the Educated Elites Criticised the Policy of Indirect Rule

Indirect rule governed the people through traditional rulers under British supervision. The Western-educated elites strongly opposed it for the following reasons:

1. Exclusion of the educated class: Indirect rule relied on traditional rulers and largely shut out the educated Africans from participating in the administration of their own country, denying them positions they felt qualified to hold.
2. It strengthened conservatism and blocked progress: By propping up traditional rulers and native customs, the system preserved outdated practices and hindered the political, social and educational modernisation the elites wanted.
3. It gave excessive powers to traditional rulers: The elites felt that the chiefs and emirs were made too powerful and often autocratic, and that some abused their authority under British protection.
4. It delayed self-government and democracy: The system entrenched autocratic native rule instead of preparing the people for representative and democratic government.
5. It was a tool of exploitation: The elites saw indirect rule as a cheap device for perpetuating colonial exploitation and domination while pretending to respect African institutions.
6. Corruption and inefficiency of Native Authorities: The native courts and treasuries were often corrupt, oppressive and inefficient, and the elites resented this.
7. It divided the people: By emphasising ethnic and traditional structures, the policy discouraged national unity and a common Nigerian identity.
8. It was applied where unsuitable: The system, which suited the centralised North, was forced on societies (such as the Igbo) that had no chiefs, leading to the imposition of warrant chiefs and resentment.

(Any relevant points are acceptable.)

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The Nigerian Youth Movement (NYM), formed in 1934 (originally as the Lagos Youth Movement), was the first genuinely nationalist organisation to reach beyond Lagos and attempt to unite Nigerians across ethnic and regional lines. Its contributions to the growth of nationalism in Nigeria include the following:

1. Broadening the base of nationalism: Unlike the earlier Lagos-centred parties, the NYM recruited members from different parts of the country and set up branches in the provinces, giving nationalism a more national, rather than purely Lagosian, character.
2. Formulation of a national programme: In 1938 it published The Nigerian Youth Charter, which demanded complete autonomy within the British Empire, equal economic and political rights for Nigerians, and an end to discrimination. This was one of the earliest coherent statements of nationalist aims.
3. Contesting elections: The NYM entered electoral politics and in 1938 defeated Herbert Macaulay's Nigerian National Democratic Party (NNDP) in the Lagos Town Council and Legislative Council elections, demonstrating that organised nationalist opposition could win power.
4. Political education and mobilisation: Through its newspaper (the Daily Service), public lectures and rallies, it awakened political consciousness and taught Nigerians to demand their rights.
5. Championing economic grievances: It protested against discriminatory colonial economic policies, the marginalisation of Nigerian traders and produce buyers, and inequalities in the civil service.
6. Fighting discrimination in employment and education: It campaigned against the exclusion of qualified Nigerians from senior posts and pressed for improved and expanded educational opportunities, including agitation over the status of Yaba Higher College.
7. Training a generation of nationalist leaders: Prominent figures such as Nnamdi Azikiwe, Obafemi Awolowo, H. O. Davies and Ernest Ikoli passed through the movement, and the experience prepared them for later leadership of parties such as the NCNC and Action Group.

Although the NYM later collapsed through internal crisis in 1941, it laid the organisational and ideological foundations upon which the mass nationalist movement of the 1940s and 1950s was built.

Maelezo ya Majibu

Importance of the Local Government System in Nigeria

Local government is the third tier of government, established to bring governance closer to the people at the grassroots. Its importance includes the following:

1. Grassroots development: It provides basic amenities such as rural roads, markets, health centres, primary schools, water and sanitation directly to the local people.
2. Bringing government closer to the people: It reduces the distance between government and the governed, so that local needs are quickly identified and met.
3. Political participation and education: It gives ordinary citizens the opportunity to take part in government, contest elections and learn the practice of democracy at the local level.
4. Training ground for future leaders: It serves as a nursery where politicians and administrators gain experience before moving to higher levels of government.
5. Encouraging even development: It helps to spread development to rural areas that might otherwise be neglected by the state and federal governments.
6. Mobilisation of the people: It mobilises local human and material resources for self-help projects and community development.
7. Relieving the higher tiers of government: By handling purely local matters, it reduces the burden on state and federal governments and promotes efficiency.
8. Maintenance of law and order: It assists in maintaining peace and order and in settling minor disputes at the community level.
9. Provision of employment: It creates jobs for many people at the local level.

(Any relevant points are acceptable.)

Maelezo ya Majibu

(a) Constitution and Constitutionalism distinguished

A constitution is the body of fundamental rules, written or unwritten, by which a state is governed. It defines the structure of government, the powers and functions of the various organs, the relationship between them and between the government and the citizens, and the rights and duties of the people.

Constitutionalism, on the other hand, is the practice of limited government in which those who exercise power actually govern according to the provisions of the constitution and the rule of law. It means that government is not arbitrary but restrained by established rules. Thus a country may have a constitution without practising constitutionalism, but constitutionalism cannot exist without a constitution.

(b) Characteristics of a Constitutional Government

1. Limited government: The powers of government are defined and limited by the constitution and are not exercised arbitrarily.
2. Rule of law: Government and citizens alike are subject to the law, and no one is above the law.
3. Separation of powers and checks and balances: Power is shared among the legislature, executive and judiciary, each checking the others.
4. Guarantee and protection of fundamental human rights: The rights and freedoms of citizens are entrenched and protected.
5. Independent judiciary: The courts are free to interpret the law and settle disputes without interference.
6. Free, fair and periodic elections: Leaders are chosen by the people through regular elections and are accountable to them.
7. Accountability and openness: Those in authority are responsible to the people and govern in accordance with the constitution.
8. Supremacy of the constitution: The constitution is the highest law, and any act inconsistent with it is null and void.

(Any relevant characteristics are acceptable.)

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Limitations to the Powers of the Governor in Colonial Nigeria Before the Second World War

Although the Governor was the head of the colonial administration and wielded very wide powers, his authority was not unlimited. It was checked in the following ways:

1. Control by the British Government/Colonial Office: The Governor was an agent of the British Crown and had to act in accordance with the instructions and directives of the Secretary of State for the Colonies in London.
2. The Legislative Council: The Governor had to make laws through the Legislative Council, whose members (including a few elected and nominated Africans after 1922) could criticise and debate his proposals.
3. The Executive Council: He was expected to consult and act with the advice of the Executive Council of senior officials in the day-to-day running of the government.
4. Financial control by Britain: The colonial budget and major financial decisions were subject to approval from the Colonial Office, limiting the Governor's spending powers.
5. British laws and the constitution: The Governor had to operate within the framework of existing laws, orders-in-council and the constitution in force at the time.
6. Public opinion and nationalist pressure: The activities of the press, nationalists and educated elites, and later political parties, put pressure on the Governor and moderated his actions.
7. The judiciary: The courts could interpret the law and check illegal exercise of power.
8. Limited jurisdiction over the North: Under indirect rule, the Native Authorities and Emirs handled much local administration, so the Governor did not directly control all local affairs.

(Any relevant points are acceptable.)

Maelezo ya Majibu

(a) Functions of the Electoral Commission in the Electoral Process

1. Registration of voters: It compiles, maintains and updates the register of eligible voters and issues voters' cards.
2. Registration of political parties: It registers and monitors political parties and ensures they comply with the law.
3. Delimitation of constituencies: It divides the country into constituencies and creates polling units.
4. Conduct of elections: It organises and conducts free and fair elections into the various elective offices.
5. Provision of election materials and personnel: It procures ballot papers, boxes and other materials and recruits and trains ad-hoc staff.
6. Counting of votes and declaration of results: It counts the votes, collates and announces the results, and issues certificates of return to winners.
7. Regulation of campaign finance: It monitors campaign spending and enforces the electoral guidelines.
8. Voter education: It educates and enlightens the public on the voting process.

(b) Problems Likely to Hinder the Success of the Commission in Nigeria

1. Political interference: Where the commission is not truly independent, the ruling government may interfere with its work.
2. Inadequate funding: Shortage of funds affects preparation, logistics and payment of staff.
3. Electoral malpractice: Rigging, thuggery, ballot snatching and bribery by desperate politicians undermine its work.
4. Inadequate and unreliable materials/technology: Late arrival or failure of materials and voting machines disrupts the process.
5. Insecurity and violence: Political violence and insecurity in some areas make free voting difficult.
6. Poor and inaccurate voters' register: Padded or inaccurate registers create room for manipulation.
7. Corrupt and inefficient staff: Some officials may be compromised or lack the competence to perform their duties.
8. Litigation and legal disputes: Endless court cases and challenges to results hamper the process.
9. Voter apathy and ignorance: Low turnout and lack of awareness weaken the credibility of elections.

(Any relevant points are acceptable.)

Maelezo ya Majibu

Meaning: The ECOWAS Fund for Co-operation, Compensation and Development was one of the principal institutions established under the 1975 Treaty of Lagos that founded the Economic Community of West African States. It was set up as the community's financing arm, with its headquarters in Lome, Togo. Its capital was contributed by member states, and it also drew resources from grants, loans and aid from within and outside the region. Its central purpose was to correct the imbalance in the levels of economic development among member states and to bear the cost of integration. (The Fund was later transformed into the ECOWAS Bank for Investment and Development, EBID.)

Uses / functions of the Fund:

1. Financing development projects: It provided loans and financial assistance for infrastructure and development projects such as roads, telecommunications, energy and other community programmes.
2. Compensation for revenue loss: It compensated member states, especially the poorer ones, for the loss of import duties and other revenues suffered as a result of trade liberalisation and the removal of tariffs within the community.
3. Reducing developmental imbalance: It channelled resources to the less-developed member states so as to narrow the gap between the richer and poorer economies of the region.
4. Promoting balanced regional development: It financed projects of a community-wide character that individual states could not undertake alone, thereby spreading the benefits of integration.
5. Guaranteeing and mobilising investment: It guaranteed foreign investment and helped to mobilise both internal and external capital for regional development.
6. Supporting integration and cushioning adjustment: It cushioned the adverse effects of the establishment of the common market on the economies of member states.

In short, the Fund served as the instrument for financing co-operation, compensating members for integration losses, and promoting even development across West Africa.

Maelezo ya Majibu

The General Conference held at Ibadan in January 1950 was summoned to review the Richards Constitution of 1946 and to gather Nigerian opinion on a new constitution. It was one of the widest consultative exercises of the colonial period, involving representatives drawn from the regional Houses. Its main decisions and recommendations were as follows:

1. Retention of federalism: The conference agreed that Nigeria should continue as a federation of three regions (Northern, Western and Eastern), thereby endorsing the regional structure introduced by the Richards Constitution.
2. A new central legislature: It recommended the creation of a Central House of Representatives to replace the old Legislative Council, with a much larger membership so as to give Nigerians a stronger voice at the centre.
3. Regional legislatures with real powers: Each region was to have its own House of Assembly (and a House of Chiefs in the North and West) empowered to make laws on regional matters, thus deepening regionalism.
4. Increased African representation and elected members: The conference urged a larger proportion of elected Nigerian members in the legislatures and a reduction of the dominance of official (colonial) members.
5. Greater ministerial responsibility: Nigerians were to be appointed as ministers to head departments, introducing a measure of executive responsibility for indigenous leaders.
6. Allocation of seats among regions: The conference debated and made proposals on the sharing of seats in the central legislature, with the North insisting on representation reflecting its large population, which shaped the eventual formula of parity in the Macpherson Constitution.
7. Widening of the franchise: It recommended an expansion of the electorate and the extension of the elective principle beyond the few coastal towns.

These decisions were substantially embodied in the Macpherson Constitution of 1951, which the conference directly influenced. The Ibadan Conference is therefore significant as the first serious attempt to make constitution-making in Nigeria a consultative, Nigerian-driven process rather than a purely colonial imposition.