NECO 2009 Government · Question 46
The Council of State has responsibility to advise the president on
Options
- A.the appointment of ministers
- B.the prerogative of mercy
- C.national emergencies
- 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:
- Advising the President on the prerogative of mercy, that is, the power to grant pardon or reduce sentences (Section 175).
- Advising the President on the National Population Census and the Population Commission (including the prevention of its abuse).
- Advising on the National Judicial Council matters, such as the removal of certain judicial officers.
- 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).
- 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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