NECO 2001 Government · Question 22

Habeas Corpus Act of 1679 originated from

Options

  1. A.Britain
  2. B.China
  3. C.Germany
  4. D.India
  5. E.Russia

Answer: A. Britain

Explanation written with AI and checked against the answer key

Step 1: Analyze the question The question asks which country the Habeas Corpus Act of 1679 came from. The clue is the date and the name of the law.

Step 2: Explain the concept "Habeas corpus" is a Latin phrase meaning "you shall have the body." It is a legal safeguard against unlawful detention. A court can order that a detained person be brought before it, so that it can decide whether the detention is lawful. It is a cornerstone of the protection of fundamental human rights, especially personal liberty.

Step 3: Work through the history

  • The Habeas Corpus Act of 1679 was passed by the English Parliament during the reign of King Charles II.
  • It strengthened an older common-law principle, which went back to Magna Carta (1215), that no person should be imprisoned without lawful cause.
  • It prevented arbitrary arrest and imprisonment by the Crown and required that detainees be brought promptly before a court.
  • English law spread through British colonialism, so Nigeria and other Commonwealth countries inherited the principle. It is reflected in Nigeria's constitutional provisions on the right to personal liberty (Section 35 of the 1999 Constitution) and the right to a fair hearing.

Step 4: Eliminate the options

  • A. Britain: Correct. The Act was passed by the English Parliament.
  • B. China, C. Germany, D. India, E. Russia: None of these produced the 1679 Act. India later inherited the writ through British rule, but it did not originate there.

Answer: A. Britain

Tip: Link "Habeas Corpus" with "Britain," along with Magna Carta (1215), the Bill of Rights (1689), and the Petition of Right (1628). For Government questions on the origin of rights documents, these English landmarks are often tested. Remember: Habeas Corpus = "produce the body" = protection against illegal detention.

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