WAEC 2016 Government · Question 32
The judicial order requiring a detained person to be brought before a judge is the writ of
Options
- A.Habeas corpus
- B.Mandamus
- C.Prohibition
- D.Certiorari
Answer: A. Habeas corpus
Explanation written with AI and checked against the answer key
Step 1: Analyze the question The question asks for the writ that orders a detained person to be physically brought before a judge or court. This is about protecting personal liberty against unlawful detention.
Step 2: Explain the concepts Here is what each writ does:
- Habeas corpus: A Latin phrase meaning "you shall have the body." It orders the person holding someone in custody to bring that person before a court so the judge can decide whether the detention is lawful.
- Mandamus: "We command." It orders a public official or body to perform a public duty they have failed to carry out.
- Prohibition: It stops a lower court or tribunal from acting beyond its jurisdiction.
- Certiorari: It orders the record of a lower court's proceedings to be sent up to a higher court for review, and often to be quashed if there was an error or excess of jurisdiction.
Step 3: Match the writ to the description The key phrases are "detained person" and "brought before a judge." Only habeas corpus deals with a person's physical body and the legality of their detention. The other three concern official duties (mandamus) and the control of lower courts (prohibition and certiorari).
Step 4: Answer The correct option is A. Habeas corpus.
Exam tip: Link corpus with corpse/body. If the question mentions a body, detention, or arrest, think habeas corpus. For the others, remember:
- Mandamus = Make them do it
- Prohibition = Prevent them
- Certiorari = Check the case record
In Nigeria, habeas corpus supports the fundamental right to personal liberty under Section 35 of the 1999 Constitution.
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