WAEC 2024 Government · Question 5

One of the following options  does not pass as a means of ensuring the independence of the judiciary which is

Options

  1. A.immunity from prosecution
  2. B.promotion on merit
  3. C.security of tenure
  4. D.salary determined by the executive

Answer: D. salary determined by the executive

Explanation written with AI and checked against the answer key

Analyze the question: You're asked to find the option that does NOT help ensure the independence of the judiciary.

Concept: Judicial independence means judges can decide cases freely, without pressure or interference from the executive, the legislature, or any other powerful group. It is protected by:

  • Security of tenure: judges cannot be removed arbitrarily, only through a strict process (in Nigeria, by the President acting on an address of two-thirds of the Senate).
  • Immunity from prosecution/legal action: judges cannot be sued or prosecuted for decisions made in the course of their duties, so they can rule without fear.
  • Promotion on merit: advancement based on competence and performance, not on pleasing politicians.
  • Fixed, protected remuneration: salaries and allowances are charged to the Consolidated Revenue Fund, so the executive cannot cut or raise them to reward or punish judges.

Step by step:

  • A. Immunity from prosecution: protects judges, so it supports independence.
  • B. Promotion on merit: reduces political influence, so it supports independence.
  • C. Security of tenure: protects judges from dismissal, so it supports independence.
  • D. Salary determined by the executive: if the executive controls judges' pay, it can reward favourable judgments and punish unfavourable ones. This weakens independence, so it is not a safeguard.

Answer: D, salary determined by the executive.

Tip: In "which does NOT" questions, look for the option that gives the executive or another outside body power over judges. Anything that lets the executive control judges' welfare, appointment, or removal undermines independence.

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