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NABTEB Government 2022 Theory — Question 3

Question 3 of 13 from the National Business and Technical Examinations Board (NABTEB) Government 2022 Theory paper, with the correct answer and a full explanation.

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Highlight five negative impacts on a state should the judiciary fail to live up to its constitutional mandate.

Model answer

- It leads to a state of lawlessness and recklessness i.e. anarchy. - Abuse of rights and liberties of citizens: citizens would be incapacitated to seek redress in court whenever their rights are infringed upon. - Loss of confidence in the judiciary/justice delivery system: the judicial system would no longer be trusted to give a fair judgement. - Upsurge in corrupt practices: since there is no rule of law to checkmate the people, there would be increase in corrupt practices such as stealing public funds, rape, etc. - It will lead to an increase in crime rate in the society such as rape, unlawful riot, breakdown of law and order, stealing, thuggery, etc. - Erodes investors' confidence in the state: absence of an impartial judicial system in a country will discourage both local and foreign investors from investing their hard-earned money in a lawless state. - The life and security of personnel of the judiciary is put at risk. - Credibility of the judiciary suffers: it creates credibility crises for the judiciary; people can no longer trust the system to deliver impartial judgement. - Discrimination in the justice delivery system. - Arbitrary exercise of power by commissions, agencies and organs of government. - It creates bad image within and outside the country; it paints the image of the country in a negative way to the outside world. - Encourages electoral malpractices: politicians would be free to engage in electoral malpractice such as vote buying, rigging, etc. - Encourages dictatorship: the government in power have the tendency to become a dictator since there is no viable judicial system to checkmate its activities. - Encourages non-observance of Rule of Law: it encourages violation of the rule of law by the people and the government. - Their role as interpreter of the law will suffer setback. - Abuse of due process with impunity: people would be at liberty to abuse fundamental human right, engage in corrupt practices openly without being checkmated. - It may encourage disputes among the various organs of government. - Justice for the highest bidder is encouraged: it encourages the rich/wealthy to be above the law of the land. - Encourages mob justice: it encourages citizens to take laws into their own hands.

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