Neco 2022 Government Question 42

Practice objective / multiple choice question 42 from the 2022 Neco Government examination.

Neco 2022 Government Objective / Multiple Choice Medium Difficulty
Question 42 NECO • 2022 • GOVERNMENT • objective

A citizen is arrested by police without a warrant. The police invoke the emergency exception, arguing that the arrest was necessary to prevent imminent harm. Under the rule of law, an emergency arrest without a warrant is permissible only if (i) the offence is punishable by death or imprisonment of at least five years, and (ii) there is an immediate threat. The alleged offence carries a maximum penalty of three years. Is the arrest lawful? State the conditions and justify your answer.

Answer Options

A. Yes, the arrest is lawful because a three‑year maximum penalty satisfies the seriousness requirement for an emergency arrest.
B. No, the arrest is unlawful because the police failed to obtain a warrant, even though the emergency exception could apply.
C. Yes, the arrest is lawful because the emergency exception permits warrantless arrests when there is an immediate threat regardless of the offence's seriousness.
Correct Answer D. No, the arrest is unlawful because the offence does not meet the seriousness requirement for an emergency arrest.
Correct Answer
D
Correct Option:
No, the arrest is unlawful because the offence does not meet the seriousness requirement for an emergency arrest.

About This Question

This is Neco 2022 Government Question 42. It is one of the objective questions from the 2022 Neco Government examination.

Difficulty level: Medium .

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