Question 22
NECO
•
2017
•
CIVIC_EDUCATION
•
objective
An activist publishes an article criticizing government policy on land allocation. The government seeks to ban the article, claiming it incites communal violence. Under the Nigerian Constitution, which test must the court apply to decide whether the restriction on freedom of expression is permissible, and what are the two main criteria of that test? State the name of the test and list its criteria.
Answer Options
A.
The court must apply the public‑interest limitation test. Its two criteria are: (1) the restriction must be based on a constitutional amendment, and (2) it must be essential for preserving cultural heritage.
B.
The court must apply the proportionality test. Its two criteria are: (1) the restriction must be reasonable in scope, and (2) it must further a legitimate government objective such as economic development.
Correct Answer
C.
The court must apply the reasonable‑restriction (limitation) test. Its two criteria are: (1) the restriction must be prescribed by law, and (2) it must be necessary in a democratic society for the protection of public order, health, morals, or the rights of others.
D.
The court must apply the necessity‑test (restriction) test. Its two criteria are: (1) the restriction must be enacted by a legislative body, and (2) it must be the least intrusive means to achieve national security.
Correct Answer
C
Correct Option:
The court must apply the reasonable‑restriction (limitation) test. Its two criteria are: (1) the restriction must be prescribed by law, and (2) it must be necessary in a democratic society for the protection of public order, health, morals, or the rights of others.
About This Question
This is
Neco
2017
Civic Education
Question 22.
It is one of the
objective
questions from the
2017
Neco
Civic Education
examination.
Difficulty level:
Medium
.