Correct Answer:
B. Section 3(1)
Explanation:
The correct answer is Section 3(1) because this specific clause provides the legal framework that authorizes the Federal Government to create and maintain the agency.
- Step 1 (Statutory Power): Section 3, subsection 1 of the FIA Act, 1974 states that notwithstanding anything contained in the Police Act of 1861, the Federal Government may constitute an agency for investigation into specified offenses.
- Step 2 (Legal Foundation): This provision serves as the birth certificate of the FIA, giving the executive branch the legislative power to form its ranks and command its operations.
- Incorrect Options:
- Section 2(1) is incorrect because Section 2 is dedicated entirely to statutory definitions and interpretations of legal terms used throughout the text.
- Section 4(2) is incorrect because Section 4 focuses on the administration of the agency, outlining the powers vested in the Director-General.
- Section 5(1) is incorrect because Section 5 details the operational powers granted to members of the agency during an active investigation, such as search and arrest.