Module 9 - Judiciary and fundamental rights

Question 1

What is the Judiciary?

Answer 1

The Judiciary is the third organ of the government responsible for applying laws to specific cases and settling disputes.

Question 2

What is the primary function of the Judiciary in Nigeria?

Answer 2

To give justice to the people by awarding punishment to those guilty of violating laws.

Question 3

How does the Judiciary protect citizens’ rights?

Answer 3

It safeguards the rights of people and allows them to seek protection when their rights are violated.

Question 4

What is the highest court in Nigeria?

Answer 4

The Supreme Court.

Question 5

What are the Federal courts in Nigeria?

Answer 5

• Supreme Court
• Court of Appeal
• Federal High Court

Question 6

Who appoints justices to federal courts in Nigeria?

Answer 6

The President.

Question 7

What is the role of the Chief Justice in the Supreme Court?

Answer 7

The Chief Justice heads the Supreme Court and is assisted by other Justices.

Question 8

What is the Court of Appeal’s primary function?

Answer 8

It primarily serves as a court of appellate jurisdiction.

Question 9

What type of jurisdiction does the Federal High Court have?

Answer 9

It has original jurisdiction and appellate jurisdiction from tribunals.

Question 10

What is the significance of the Customary Court of Appeal?

Answer 10

It is the highest customary law court in a state or FCT.

Question 11

What is the function of the Sharia Court of Appeal?

Answer 11

It is the highest Sharia law court in a state or FCT.

Question 12

What are the lowest courts in Nigeria?

Answer 12

• Magistrate Courts
• Customary Courts
• Sharia Courts

Question 13

What is the purpose of Election Tribunals?

Answer 13

To deal with petitions from National Assembly and gubernatorial elections.

Question 14

What is the Code of Conduct Tribunal responsible for?

Answer 14

Dealing with complaints of corruption by public servants.

Question 15

What is the judiciary’s power of judicial review?

Answer 15

The power to determine if a law is constitutional and to reject laws that are ultra vires.

Question 16

What does the judiciary do in terms of law-making?

Answer 16

Judicial interpretations of laws effectively contribute to law-making.

Question 17

What is equity legislation?

Answer 17

Decisions made by judges based on fairness when a law is silent or ambiguous.

Question 18

What is the Judiciary’s role in a federation?

Answer 18

To act as a guardian of the constitution and arbitrate disputes between the central and state governments.

Question 19

What is one advisory function of the judiciary?

Answer 19

To give advisory opinions on legal matters to rulers, such as the President.

Question 20

True or False: The Judiciary is independent of the legislature and executive.

Answer 20

True.

Question 21

Fill in the blank: The Supreme Court is based in _______.

Answer 21

Abuja.

Question 22

What is the importance of an independent Judiciary in Nigeria?

Answer 22

It provides confidence and fearlessness, acting as the protector of rights and freedoms.

Question 23

List three roles of the Judiciary in Nigeria.

Answer 23

• Dispenser of Justice
• Protector of the rights of the people
• Guardian protector of the Constitution

Question 24

What happens to judgments from tier 4 courts?

Answer 24

They can only be appealed to their respective higher tier 3 courts.

Question 25

What is the term for the highest customary law court in a state?

Answer 25

Customary Court of Appeal.

Question 26

What is the role of the judiciary in a democratic government?

Answer 26

The judiciary acts as a dispenser of justice, protector of rights, guardian of the Constitution, arbiter of disputes, safeguard against excesses, check against arbitrary powers, and guardian of the rule of law and justice.

Question 27

True or False: An independent judiciary is considered essential for a democratic government.

Answer 27

True

Question 28

What are the fundamental rights of citizens in Nigeria enshrined in?

Answer 28

The 1999 Constitution of the Federal Republic of Nigeria

Question 29

Fill in the blank: Civil liberty consists of the rights and privileges which the state ______ and ______ for its citizens.

Answer 29

creates and protects

Question 30

List the four main categories of rights that citizens of Nigeria enjoy.

Answer 30

* Civil rights * Political rights * Economic rights * Social rights

Question 31

What is the Right to Life according to Section 33 of the Nigerian Constitution?

Answer 31

Every citizen has the right to life, and no one shall be deprived of their life intentionally.

Question 32

What does the Right to Dignity entail according to Section 34?

Answer 32

Every citizen has the right to dignity, and no one shall be subjected to torture, inhuman, or degrading treatment.

Question 33

What is the Right to Freedom of Expression as per Section 39?

Answer 33

Every citizen has the right to freedom of expression, including the right to hold opinions and to receive and impart ideas.

Question 34

What are the two major classifications of law?

Answer 34

* Public Law * Private Law

Question 35

Define Public Law.

Answer 35

Public Law deals with the relationship between the state, its citizens, and other states.

Question 36

What is the standard of proof required in criminal cases according to the Evidence Act 2011?

Answer 36

Proof beyond reasonable doubt

Question 37

What is the difference between substantive law and procedural law?

Answer 37

* Substantive Law: Main body dealing with a particular area of law * Procedural Law: Deals with the process courts must follow to enforce substantive law

Question 38

True or False: International law regulates the relationship between different independent countries.

Answer 38

True

Question 39

Fill in the blank: Written laws are those laws that have been validly enacted by the ______ of a country.

Answer 39

legislature

Question 40

What is the main characteristic of customary law?

Answer 40

Customary law is generally unwritten.

Question 41

What is common law?

Answer 41

Common law is the law developed by the old common law courts of the King’s Bench, the Courts of Common Pleas, and the Courts of Exchequer.

Question 42

What mechanisms does the Constitution provide for the protection of fundamental rights?

Answer 42

* Judicial Review * Fundamental Rights Enforcement Procedure * National Human Rights Commission

Question 43

What is the Right to Education according to Section 18(1)?

Answer 43

Every citizen has the right to education.

Question 44

What is the Right to Health as per Section 17(3)(d)?

Answer 44

Every citizen has the right to health.

Question 45

Fill in the blank: The burden of proof in civil cases is on the ______ of probabilities.

Answer 45

balance

Question 46

What does the term 'municipal law' refer to?

Answer 46

Law that emanates from and has effect on members of a specific state.

Question 47

What is the significance of Section 12 of the 1999 Constitution regarding international treaties?

Answer 47

International treaties cannot have the force of law in Nigeria unless enacted by the Nigerian National Assembly.