WAEC 2022 Government · Question 44

When a superior court declares an action of the executive ultra-vires, it means that

Options

  1. A.the executive should leave power
  2. B.a vote of no confidence had been passed on the government
  3. C.the judiciary is more powerful than the executive
  4. D.the action is illegal and of no effect

Answer: D. the action is illegal and of no effect

Explanation written with AI and checked against the answer key

Step 1: Analyze the question The question asks what it means when a superior court declares an executive action ultra vires.

Step 2: Explain the concept Ultra vires is Latin for "beyond the powers." An action is ultra vires when an authority (such as a minister, agency, or the president) acts beyond the legal powers given to it by the constitution or by law. This is part of judicial review, where courts check whether the executive and legislature are acting within the law.

Step 3: Evaluate the options

  • A. The executive should leave power: Wrong. The court is ruling on one action, not removing the government from office.
  • B. A vote of no confidence had been passed: Wrong. A no-confidence vote is a legislative process, not a court's function.
  • C. The judiciary is more powerful than the executive: Wrong. The court is only enforcing the limits of the law. It shows separation of powers and checks and balances, not superiority.
  • D. The action is illegal and of no effect: Correct. If an action goes beyond legal authority, the court declares it unlawful, null and void.

Step 4: Answer The correct option is D.

Exam tip: Remember "ultra vires = beyond powers = illegal and void." The opposite is intra vires, meaning "within powers" (legal). Any option that talks about removing a government or about one arm being "more powerful" is usually a distractor.

AI can make mistakes. Report anything that looks wrong.

Past questions © the examination body (JAMB/WAEC/NECO). DeeepSolve is not affiliated with them. Rights holders: see /copyright.