NECO 2009 Government · Question 46

The Council of State has responsibility to advise the president on

Options

  1. A.the appointment of ministers
  2. B.the prerogative of mercy
  3. C.national emergencies
  4. D.electoral process

Answer: B. the prerogative of mercy

Explanation written with AI and checked against the answer key

Analyze the question: It asks about the role of the Council of State under the 1999 Constitution of Nigeria, specifically what it advises the President on.

Explain the concept: The Council of State is created under the Third Schedule, Part I, of the 1999 Constitution. Its members include the President (Chairman), the Vice-President, former Presidents and Heads of Government, former Chief Justices, all state Governors, the Attorney-General, and others. Its functions are:

  1. Advising the President on the prerogative of mercy, that is, the power to grant pardon or reduce sentences (Section 175).
  2. Advising the President on the National Population Census and the Population Commission (including the prevention of its abuse).
  3. Advising on the National Judicial Council matters, such as the removal of certain judicial officers.
  4. Advising on the Independent National Electoral Commission (INEC) in the exercise of certain powers (e.g., appointments of the Chairman and members are subject to Council of State consultation).
  5. Advising on any other matter the President refers to it.

Working through the options:

  • A. Appointment of ministers: Ministers are appointed by the President, subject to Senate confirmation. The Council of State is not involved. ✗
  • B. Prerogative of mercy: The President acts after consulting the Council of State (Section 175). This is a core, classic function. ✓
  • C. National emergencies: The declaration of a state of emergency (Section 305) requires the National Assembly's approval, not the Council of State's advice. ✗
  • D. Electoral process: The Council of State does have a role concerning INEC (appointments and advice), but the electoral process itself is run by INEC. The best-known, most direct function is the prerogative of mercy. ✗

Answer: The correct option is **B.

Tip: Remember "Mercy, Census, Judges, INEC": the Council of State advises on pardon (Mercy), the Census, the National Judicial Council, and INEC matters. When a question lists "prerogative of mercy", it is usually the intended answer.

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