2010 - WAEC Government Past Questions and Answers - page 3

21

The order of mandamus is a

A
form of order by a superior body to perform a function
B
mandate from the executive to the public corporations
C
plea for man of alibi in court
D
writ to produce a detanied person for trial
correct option: a

The legal term writ of mandamus refers to an order by a court to a lesser government official to perform an act required by law, which he has refused or neglected to do.

A writ or order of mandamus is an extraordinary court order because it is made without the benefit of full judicial process, or before a case has concluded. It may be issued by a court at any time that it is appropriate, but it is usually issued in a case that has already begun.

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22

In the legislature, a filibuster is one who

A
is in charge of party discipline
B
presents partmanifesto during parliamentary system sessions
C
does not take part in law making
D
prevents the passage of a bill by making long speeches
correct option: d

A filibuster is a political procedure where one or more members of parliament or congress debate over a proposed piece of legislation so as to delay or entirely prevent a decision being made on the proposal. It is sometimes referred to as "talking a bill to death" or "talking out a bill" and is characterized as a form of obstruction in a legislature or other decision-making body.

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23

Which of the following measures will ensure the independence of the judiciary? Judges

A
salaries must be handled by foreign banks
B
must be controlled by the president
C
salaries must be fixed and not subject to arbitary review
D
must not be separated from the executive
correct option: c

The judiciary is the system of courts that interprets and applies the law in the name of the state. The following are various ways to ensure the independence of the judiciary

  •  Separation of Judiciary from the Executive and Legislature: Judiciary in nigeria is neither a branch of the executive nor a hand-maid of the legislature. It has an independent identity under the Constitution. It enjoys full autonomy in its working.
  • Appointment of Judges by the President: The method of appointment of judges has been very sound. The Judges of the Supreme Court and High Courts are appointed by the President. While appointing other judges the Supreme Court, the President consults the Chief Justice of nigeria.
  • High Qualifications: The Constitution prescribes specific and high qualifications for the Judges. A person eligible for judgeship has to be an nigerian citizen etc.
  • Long Tenure: Judges of Supreme Court remain in office till they attain the statutory retirement age. This age limit ensures a long tenure for the Judges.
  • Security of Service: The Judges in Nigeria enjoy good security of service. No judge can be removed from the office except by a very difficult process of impeachment.
  • High Salary: Every Judge of the Supreme Court gets a high salary. Besides this, each judge is entitled to free residential accommodation, medical allowance and several other perks. Salaries and allowances of judges cannot be reduced during their terms of office, except in the situation of a financial emergency in the country.
  • Power to Punish the Contempt of Court: Courts in Nigeria have been given the power to punish all cases involving a contempt of court. The Supreme Court can punish any institution or person who is found guilty of contempt of court.
  • Vast Jurisdiction and the Power of Judicial Review: Judiciary in Nigeria enjoys a vast jurisdiction. It acts as the guardian interpreter of the Constitution, the protector of Fundamental Rights of the people and the arbiter of disputes between the Union and the States. It has the power to determine the constitutional validity of every law.

 

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24

The most important function of the Upper House in a federation is to

A
serve as the highest court of the land
B
ensure equal representation of the component units
C
provide a place for retired politicians in the legislature
D
invite politicians for questioning
correct option: b

The upper house also known as house of senate, is supposed to guarantee equal representation of the 36 states irrespective of size in the Senate and proportional representation of population in the House. 

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25
The most important function of the Upper House in a federation is to
A
serve as the highest court of the land
B
ensure equal representation of the component units
C
provide a place for retired politicians in the legislature
D
invite politicians for questioning
correct option: b
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26

Bi-cameral legislature is the same as

A
legislature with two chambers
B
one chamber legislature
C
the Upper House in any legislature
D
the Lower House in any Legislature
correct option: a

Bicameral literally means 'two-Chamber', A bicameral legislature simply refers to a particular body of government that consists of two legislative houses or chambers.

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27

A short break in parliamentary session is referred to as

A
suspension
B
recess
C
dissolution
D
termination
correct option: b

Recess is a period of time in the year when the members of a parliament, court of law, or other government organization are not meeting

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28

The term guillotine in the legislature refers to

A
allocation of time to a bill
B
passing a bill into law
C
voting a bill into law
D
passing an appropriation bil
correct option: a

A guillotine is a limit on the amount of discussion allowed about a particular law in Parliament, made by setting a fixed time before a final vote must be taken

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29

Th rights of individuals are usually enshrined in the

A
law books
B
courts
C
constitutions
D
journals
correct option: c

A constitution is an aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity, and commonly determine how that entity is to be governed.

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30

A citizen's freedom of movement may be restrained if he

A
has refused to salute the Head of State
B
has been convicted by the courts
C
refuses to vote at elections
D
criticizes the government
correct option: b

Limitations to Human Rights

  1. Civil unrest – Whenever there is riot or crisis, there will not be freedom of movement.
  2. Some people’s movement can be limited if they have a case in the law court.
  3. A citizen who is infected with deadly diseases may be isolated for treatment in order not to infect other people thereby denying him/ her freedom of movement.
  4. A person’s land and property can be destroyed if built on the wrong place or if government wants to make some construction of roads or other project that will be useful for the public.
  5. A person who is found guilty of a murder case can lose his/her right to life.
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