JAMB 2022 Government · Question 9

One of the features of rule of law is that an

Options

  1. A.offender is a deterrent
  2. B.accused is a culprit before trial
  3. C.accused must receive fair hearing
  4. D.accused is an offender

Answer: C. accused must receive fair hearing

Explanation written with AI and checked against the answer key

1. Analyze the question The question asks which option is a feature of the rule of law. The rule of law means that everyone, including government officials, is subject to the law, and that the law is applied fairly and equally.

2. Explain the concept Key features of the rule of law (from A.V. Dicey and general constitutional principles) include:

  • Supremacy of the law: no one is above the law.
  • Equality before the law: the law applies equally to all citizens.
  • Presumption of innocence: an accused person is innocent until proven guilty.
  • Fair hearing: an accused person must be tried in open court by an impartial tribunal and must be allowed to defend himself.
  • Independence of the judiciary: judges must be free from interference.

3. Evaluate each option

  • A. Offender is a deterrent: This has to do with the purpose of punishment, not a feature of the rule of law. ❌
  • B. Accused is a culprit before trial: This contradicts the presumption of innocence. ❌
  • C. Accused must receive fair hearing: This is a core feature of the rule of law, guaranteed in Nigeria by Section 36 of the 1999 Constitution. ✅
  • D. Accused is an offender: This assumes guilt before trial, which the rule of law rejects. ❌

4. Answer The correct option is C.

5. Exam tip Whenever a Government question asks about the rule of law, look for words like fair hearing, innocent until proven guilty, equality before the law, and independent judiciary. Reject any option that assumes guilt before trial.

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