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Welcome to your Criminal Litigation
Mr. Musa Lawal was arrested in Jos, Plateau State for dangerously driving his ToyotaHiaceBus and causing the death of one Susan Idahosa. The state ministry of justice isconsidering the charging of the suspect to court. The police have explained to the familymembers of the suspect that they have been instructed to keep him in detention because ofthe publicity of the case.Using the above scenario, answer questions 1 and 21. When the accused is arraigned in court, he would be entitled
2. The reason given by the police for the detention of the suspect is:
HajiaAisha was flagged by police at 11pm on August 1 st 2013 at the Bar Junction. She wasasked to step out of the car. She was searched by inspector John Joseph. He thereaftersearched her bag and found some substance suspected to be cocaine. She was immediatelyarrested and taken to Bar Police Station where she was detained for 2 days without accessto her family or lawyer.Using the above scenario, answer questions 3-53. All except one of the following is incorrect:
4. One of the following is not a content of the warrant of arrest:
5. Which of the following is correct:
Thursday the 10th and Friday, the 11th of August 2018 were recently declared public holidays by the Federal Government for the Sallah celebration marking the end of the Muslim Holy month of Ramadan. In the morning of the 8th,a warrant of arrest was issued by the commissioner of police in AnambraState for the arrest of Chukwuka Ifeanyi upon allegation of kidnapping. He was arraigned at the High Court, Awka the following day. His counsel’s oral application for bail was refused on the ground that application for bail at the High Court must be in writing. He thereafter filed an application for bail, supported by a 26 paragraph affidavit and 5 annexures.
Using the above scenario, answer questions 6-9
7. Which of the following is true?
8. Assuming the prosecution intends to controvert the facts deposed in the affidavit in support of the application, it will:
9. Which of the following is not a factor the court will consider in granting or refusing to grant bail to the accused?
Following a tip-off to the Policethat OkonMafuka had stolen from the ATM of a bank, the police mounted a check point on the road. They searched every vehicle and persons therein. Mr.Bigi, one of the passengers objected to being searched because the police had no search warrant to that effect.
The police arrested KekeOladimejiwho had a lot of money in his bag. The bank officials identified Keke as the fraudster with the help of camera installed in the bank.
At a closer look at the Naira notes, the police discovered that they were fake and charged keke to magistrate’s court for counterfeiting. After the charge was read and explained, keke kept mute. The magistrate promptly entered a plea of not guilty for him and ordered the prosecutor to prove its case. Keke was discharged and acquitted because the prosecutor failed to prove beyond reasonable doubt that keke foreknew the Naira notes were fake. The bank officials believed the magistrate was corrupt to have let keke go free since the camera actually showed he stole from the ATM.
Answer questions 10 - 13.
11. If the bank had not installed a camera in its premises, and the culprit was only sighted by a security guard, police would have conducted ______ to get the culprit
12. The magistrate court rightly assumed jurisdiction over the offence of counterfeiting and uttering ______
13. When an accused person keeps mute after a charge is read and explained to him, the first thing that the court should do is:
14. When an inferior court or tribunal exceeds its jurisdiction, its decision is challenged by way of _______
15. In the Evidence Act 2011, the definition of voluntary confession can be found in
16. The Prosecutorial powers of the Attorney General are provided under
17. The test to be applied in considering whether evidence is admissible is whether it is relevant to the matters in issue. If it is relevant, it is admissible. So the Court held in
18. The Prosecutorial powers of the Police was reinforced by the Supreme Court in the case of
19. Which of these Courts does not have original criminal jurisdiction
20. Under the Criminal Procedure Act, in the event of a lacuna, recourse is had to the practice and procedure applicable in the English High Court by the provision of
1. Identify the false statement among the following:
2. For the General Court Martial, which of the following cannot convene it?
3. The person on whom the summons is served must endorse the duplicate copy, acknowledging service. Failure to endorse results to:
4. The period within which a suspect served a criminal summons is to appear shall be not less than ………..from the service of the summons on him.
5. In which of the jurisdictions below, is the law given that a man cannot also be searched by a woman?
6. A police officer has just recovered some materials in the course of an unlawful search, advise him.
7. Lera Baragwe, Lawanson Durotomi and Abayomi Tennyson were three notorious boys in Ikeja, Lagos. On 6th December, 2017, the trio armed with knives and pistols snatched a Samsung phone belonging to Miss Veronica and thereafter escaped. Acting on the information, the police arrested the suspects in otta, ogun state on 9th December, 2017 and arraigned them before the High Court of Lagos, Ikeja Division.
8. Answer the following questions
Miss Veronica is requested to identify one of the suspects that snatched her phone in separate identification parades. How many people will be assembled with the suspects at the parade?
9. Who is the proper person to sign the search warrant that was used to recover the Samsung phone?
10. What is the appropriate time for the execution of the search warrant?
11. The authority of the Customary Court to try criminal matters is drawn from
12. When the prosecution has proved an essential ingredient of the offence charged
13. The maximum punishment that can be imposed by an Upper Area Court is
14. Which of these is untrue about warrant of arrest under the CPA
15. The requirement that search of a woman shall be with strict regard to decency can be found in
16. The Law regulating the jurisdiction, practice and procedure of Court Martial is
17. The Principal sources of Criminal Procedure laws in Nigeria include the following except
18. Under the Magistrate Court Law of Lagos 2009, the following grades of Magistrate Courts exist in Lagos
19. The Police Officer authorized to issue a search warrant in certain circumstances must have attained the rank of
20. A Warrant of arrest cannot be lawfully executed in the following places except
21. The process used to compel the presence of witnesses before Magistrate Courts is
22. The appropriate procedure to compel the attendance of a person to answer to a misdemeanour in Court
23. If any premises sought to be searched is actually occupied by a woman in purdah, the person making the search shall give her notice to withdraw. That is the gist of
24. In the Magistrate in the North, there is a distinction between jurisdiction to try offences and jurisdiction to impose punishment
25. As a general rule in Section 14 Evidence Act, illegally obtained evidence is
26. A belligerent way of obtaining information from a suspect is
27. Under Section 15 of the Area Court Edict, the Court shall have jurisdiction over the following persons except
28. In the Evidence Act 2011, the definition of voluntary confession can be found in
29. Which of these Constitutional rights is not available at the Police Station
30. Practice and Procedure in the Federal High Court Lagos is regulated by
31. The following is true about Identification Parade except
32. Criminal Proceedings cannot be commenced by
33. The case of Ajayi v Native Authority relates to the question of
34. A charge that omits to state the section of the law contravened is
35. Which of the following exercises of powers is invalid
36. Special circumstances must be shown in an application for bail
37. In the North, Area Courts replaced the former
38. The Attorney General of the State can only prosecute the following offences with the fiat of the Attorney General of the Federation except
39. Identification parade is not necessary in the following cases except where
40. Which of these phrases best describes a nolle prosequi
41. Juvenile Courts’ jurisdiction over young person does not extend to the following except
42. Courts of Special Criminal Jurisdiction does not include
43. The member of a Court Martial who must be a qualified legal practitioner is the
44. Which of these is not one of the elements of the defence of alibi
45. Which of these Courts does not have appellate criminal jurisdiction?
46. A charge containing the offence of demanding and receiving stolen property is
47. One of the following is incorrect as regards the limitation period to institute criminal proceedings
48. The Attorney General cannot enter a nolle prosequi in the following Courts except
49. Under the CPA, a search warrant may not be executed on a
50. The right of appearance of Counsel was the gist of the case of
51. Which of these cases emphasized the overriding powers of the Attorney General to institute proceedings in any Court in Nigeria
52. Which of the following statement is false?
53. The right to counsel is constitutional right provided for under
54. Where a Court fails to accede to the request of the Defence for adjournment. It may amount to a breach of the constitutional
55. Which of the following is not a factor the court will consider in granting or refusing to grant bail to the accused?
Chief Magistrate Etukudo has just been transferred to another magisterial district. Barrister Bassey is counsel to Udo, who is standing trial for offence of stealing. Chief magistrate Etukudo had granted him bail before his transfer. Another magistrate has to take over Udo’s trial. He has ordered Udo to be remanded in prison
During the trial the prosecution called a total of five witnesses to prove its case. Udo testified for himself, and did not call any other witness. After Final Addresses on 5th February 2012, the court reserved judgment to 5th October, 2012. On that day, he delivered an oral judgment convicting Udo and sentencing him to two year imprisonment.
Answer the following questions:
57. The power of a Court to call or recall witnesses suomotu for the just determination of a case is referred to as
58. A Judge is enjoined to be brief when
59. A person charged with the commission of an offence which is defined by law but for which no offence is prescribed, and who is convicted has the option of
60. In the Evidence Act 2011, it is expressly provided that the Court is under obligation to refuse the following questions in cross examination except questions that are
61. Which of these case relates to grounds for grant of bail
62. The right of an accused person not to be compelled to give evidence is found in
63. In the Magistrate Court in the North, the charge does not contain
64. The following post amendment procedure may not be waived except
65. A tabular or diagrammatic illustration of the practical approach to employed in the prosecution of a criminal trial is
66. The case of COP v Olaopa relates to
67. When in the course of an arraignment, an accused refuses to plead to the charge read or keeps mute
68. Magistrate Courts can deliver oral judgment and ____ for the judgment to be valid,
69. To prove the offence of stealing, the prosecution ____
70. Where an accused person pleads guilty to a charge and then states that the offence was committed out of mistake, the proper plea to record
When the charge of rioting while armed with a deadly weapon was read in English language and explained in Hausa Language to Mallam AbokiBabali at the High Court of the Federal Capital territory, Abuja on 27th July, 2011, MallamAboki was simply looking at the trial Judge without a word.
72. If from the scenario above, MallamAboki has refused to plead, the court would:
73. If from the scenario above, MallamAboki is unable to plead, the court should:
74. If from the above scenario MallamAbokiis said to stand mute, the court should:
During the trial of Steven Maduka before the FCT High Court for causing hurt by dangerous driving, the following took place between prosecuting counsel and PW1:
Counsel: You said you were an eye-witness to the incident that claimed the life of the deceased?
Witness: I said I was inside the car that killed the deceased.
Counsel: So you saw the accident happened?
Witness: I was there when the accident happened but I cannot say I was everything.
Counsel: Please tell this Honourable court what you saw.
Witness: I cannot remember all that I saw
Counsel: Please tell this court what you can remember you saw.
Witness: (said nothing; just looking at the floor)
Counsel: You informed this honourble court earlier on that you are an eye witness. Can you remember telling the court like that?
Witness: Do you understand that to mean I saw everything?
Counsel: You are dodging the question. You are not a witness of truth. I am going to show you your previous statement to show that you are a bloody liar.
76. If counsel statements in the last paragraph are true the right procedure is:
77. If the witness is declared a hostile witness, then:
78. If the witness is declared a hostile witness in this case:
Badmut, a member of a terrorist group, wanted by the police was arrested and having in his possession dangerous explosives Badmut had been kept in police custody for seven days.
A criminal action was commenced against Badmut by the attorney general of the state at the magistrate court.
During the trial, the Minister for State for Justice entered an oral nulle prosequi, which the defence counsel did not object to but pleaded with the Judge to acquit his client.
The trial judge thereafter acquitted Badmut.
Now answer the following questions.
80. The court that has competence to try the action is:
81. The nolle prosequi entered by the Minister for state was:
82. The sentence imposed by the Judge was:
83. The Attorney-General of Bornu State does not require the fiat of the attorney general of the federation in other to prosecute Badmut in court.
Akin, Chinwa, Jamiu and Nafiu are members of a dreaded terrorist group who went to the ‘mammy market’ Custom Barracks, Bwari- Abuja with rifles, cutlasses and cudgels to attack customers drinking and merrying pepper soup and beer joint. After the attack, five people were found dead. The Nigeria police, Bwari later arrested the four suspects and charged them to the Federal High Court, Abuja for murder. The court sat on February 26, 2010 (Id-el-Maulud day) a public holiday to take the plea of the suspects. Akin pleaded guilty to the charges with reasons. Chinwa pleaded not guilty by reason of insanity while Nafiu objected to the jurisdiction of the court to try the offence.
85. What is the legal implication of the plea entered by Akin?
86. What step should the court take after Chinwe has entered his plea?
87. Since the court decided to sit on a public holiday, which of the following is correct?
88. On the day of hearing, no counsel appeared for the accused person. What should the court do in the circumstance?
Ogochukwu, Ogene and Bello were arrested and charge before the High court of Okene, Kogi State for the offence of treason and treasonable felony. Their counsel Mr. OkparaMicheal intends to opposed the jurisdiction of the court to try the offence.
90. If the objection of defence counsel to jurisdiction succeeds which of these courts will have jurisdiction?
At the trial of Anne and Joy for drug trafficking before the Federal High Court, Ibadan, Anne refused to plead to the charge while Joy stood mute when the charge was read to her. The court however wasted no time in recording a plea of not guilty for the two accused persons. When the National Drug Law Enforcement Agency (NDLEA) prosecuting counsel applied to Court to open its case, the defense Counsel objected on the ground that only the office of the Attorney General could prosecute such offence. The objection was overruled. The Officer who investigated the matter sought to tender a confessional statement made by Anne in the course of his testimony before the Court, but this was opposed by the defence counsel on the ground that no such statement was made.
The court went into trial within trial to determine whether or not the statement was made. The prosecution called only the officer who investigated the case and closed its case. The defence called no witnesses and did not give any final address. The prosecution addressed the court. The two accused persons were convicted and sentenced to 5 years imprisonment each.
Now answer the following questions 91-96
92. The objection to the right of the NDLEA official to prosecute the accused persons was _________
93. When the admissibility of the purported confessional statement of Anne was objected to on the ground that it was not made, the Court should have:
94. Trial within trial is only necessary where the admissibility of a confessional statement is challenged on the ground that it was obtained as a result of ______
95. The Prosecutor’s evidence would be insufficient in the absence of any one of the following:
96. Final address by the defence is important because _______
At the arraignment of Ajasco Randi for rape recently at the high court, Abagana, Enugu State, when the charge was read to him he refused to make a plea out of annoyance. The judge went ahead and recorded not guilty for him. The two witnesses for the prosecution remained in court. PW1 gave his evidence and sat down. The prosecution without calling PW2 closed its case. Counsel for defence protested to the court that prosecution ought to have called all his witnesses before closing his case. The accused Ajasco Randi still refused to enter his defence. He was sentenced to life imprisonment and forty strokes of haddi lashing.
Answer the following questions, 97-99 based on the above scenerio.
98. The evidence of the prosecution witness who remained in court should have been:
99. The objection of the defence counsel that the prosecution ought to call the other witness listed should be overruled:
Thomas Agari was arrested fort been in possession of heroin by NDLEA officials. He was detained for four years without access to his lawyer. He was tried before the Chief Magistrate Court Lagos. At the trial his lawyer tried to apply for bail on his behalf. The bail was turned down. His lawyer intends to apply to the high court for his release.
Answer the following questions
101. His detention for four days without access to his lawyer and without being informed of the offence against his are in breach of the accused:
102. The bail application made by the counsel to the accused is referred to as:
103. When Edet, the accused person was called upon to enter his defence at the close of prosecution case, the court informed him of the options opened to him under S.287(1)(a) CPA, the court said the option are exercisable by him.
104. All but one of the following are compulsory requirement in a valid charge sheet.
105. A first information report is used to institute criminal matters in a magistrate court in the north.
106. An information for instituting criminal actions in the south contains:
107. The rule that the length of a ruling on a no case submission alone does not invalidate the ruling was laid down in
108. Which of these is not an accurate reflection of the position of the law
109. A Warrant of arrest cannot be lawfully executed in the following places except
110. The process used to summon a witness to testify and produce a document is
111. Which of these is not required to accompany an application for consent
112. In the case of Abacha v The State, the Court accepted the following means of applying for consent
113. Which of the following statement is correct
114. Application for consent is no longer required in
115. The condition for the successful plea of no case submission is based on
116. If a no case submission is wrongly overruled and the accused participates in the proceedings and supplies evidence incriminating him and is thereby convicted
117. The option available to the Court where the complainant is absent in Court does not include
118. Where a no case submission is overruled, the option available to an accused is
119. Which of these is not a technique on cross examination
120. The first step for the Court to take after a plea of not guilty by reason of insanity is to determine whether
121. The provision of Plea bargaining can be found in the
122. Charge is defined in
123. The procedure for the conduct of a valid arraignment does not include
124. The proper process to apply for bail of an accused pending trial in the South is by
125. In Youngman v COP the conviction of the accused person was set aside because
126. Bail can be applied for orally in the following except
127. Which of these is the accurate reflection of the decision in Adunfe v IGP where the trial court conducted a visit to the locus in quo in the absence of the accused persons
128. An accused person is presumed innocent until proven guilty. That is the gist of
129. The effect of upholding a no case submission is
130. A shop attendant was accused of stealing goods worth N250,000 from a store on seventeen occasions over a period of three months and charged in one count.
1. Which of these statements is true?
2. An accused who makes a plea of not guilty when the charge is read and explained to his is presumed to;
3. When a charge is amended in the course of a trial, the proper steps to take are as follows
4. Generally, evidence of bad character is irrelevant in criminal cases. However, such evidence irrelevant in all but one of the following:
5. In which of the following instances will a trial court order a trial within trial?
6. The law governing criminal proceedings in the Federal High Court, Sokoto is:
7. In which of the following States can a Magistrate issue a warrant of arrest against a person alleged to have committed the offence of murder
8. At what point in a trial would a Magistrate need a leave to amend a charge needed?
9. When final addresses are heard by a Court on the 10th of January, 2000 and the Judge recalls a witness on the 15th of April, up to what time can the Judge be said to have delivered his judgment within time?
10. What does the rule against the duplicity of charge translate into?
Based on the scenario below, answer the following questions
Bala, a cashier at Bronze Bank was tried, convicted and sentenced to 6 months’ imprisonment with an option of N100 fine, on a count of stealing one million naira belonging to a customer named Prado. Bronze Bank was also ordered in the judgment to refund one hundred thousand naira to Prado.
12. Who can appeal against the sentence of imprisonment
13. The time limit for bringing criminal proceedings for conspiracy to commit treason is
14. Under the CPC, a Court may in passing sentence on the accused take into consideration any other charge pending against the accused if
15. Which of these statements is false?
16. Bench warrant is an order directed at one of the following to arrest the person named therein
17. When can a person who is neither the prosecutor nor the accused appeal as of right in a criminal case
18. Which of these statements is correct: A notice of appeal in an appeal from a Magistrate to the High Court
19. The applicable adjectival law for criminal trials in the Federal High Court, Port Harcourt is
20. In which of the following states may a Chief Magistrate grant bail in a capital offence?
21. To sustain an indictable offence, the prosecutor must call at least
22. Which of the following Courts will have jurisdiction to try the offence of Treason against the Federal Government committed in Lagos State?
23. Which of these statements is not true?
24. By virtue of section 2 of the Police Act Cap. P19, Law of the Federation, 2004, a Superior Police officer must be above the rank of
25. A charge/count is bad for duplicity if it
26. When a Court in the South passes more than one sentence of imprisonment on a convict, the sentences are;
27. Which of the following statement is false?
28. The main difference between a decision on a no case submission and one given after a defence has rested its case is
29. In a criminal appeal, which of the following parties prepare a reply relief
30. When is group plea allowed in a trial?
31. When can a Court validly refuse the application by an accused person to change his plea
32. Under the CPC, which of the following are expressly excluded from caning as a term of punishment
33. It is the duty of the accused person to prove insanity where he relies on same for his defence because
34. Criminal proceedings for the offences under the Customs and Excise Law must be brought within ______ of the date of the commission
35. Under the 1999 Constitution, the number of Justices of the Supreme Court that may be appointed at any time shall not exceed:
36. Which of the following enactments requires a judgment to be sealed?
37. Where an accused fails/refuses to plead to the charge read to him, the Court may depending on the outcome of its inquiry make any of the following orders.
38. Which of the under-listed is not a strict legal right of an accused person in a criminal trial?
39. When an accused person is not represented by Counsel, at the end of the prosecution’s case, the Court has a duty to
40. Which of the following is false?
41. In a trial within trial in the course of a criminal case, evidence is led first by-
42. A dissatisfied convict in a treason before the Federal High Court should appeal to the-
43. Which of the following is false about or judicial system?
44. On arraignment an accused can plead all of the following except-
45. Which of the following instances of amendment of Charges will be allowed in law?
46. What is the earliest point in a trial at which a case will be deemed to be part heard?
47. In a trial wherein an accused person does not understand the language of Court, Court need provide the services of an interpreter
48. Criminal appeal from the Magistrate Court in Yobe State to the High Court is heard by
49. A Magistrate in Niger State cannot try an offence punishable with life imprisonment because-
50. A warrant of arrest lapses when-
51. A High Court Judge is fully robed when-
52. During a criminal trial who announces appearance first-
53. Where is the witness box placed in the Court
54. Pursuant to the jumping of bail by an accused person, the presiding Judge or magistrate will do one of the following
55. When an application on a Judge of the high Court in Kano State under Sec 185 (b) of the CPC for the leave to prefer a charge is refused by the Judge, the Prosecutor may:
56. A criminal appeal will abate if the jailed appellant:
57. The current rule on preferment of charges in the High Court of Kano State is:
58. When is charge said to have been preferred in the High Court under the CPC?
59. Which of these statements is correct?
60. Which of these sentences is correct in the course of Judgment in a criminal case
61. When no Counter-affidavit is filed by the State (Respondent) in an application for bail in the High Court by the accused, the State counsel will only be allowed to argue issues of:
62. An accused in Borno State may in his defence opt to rectify from the dock if:
63. In an information containing five counts, the amendment of one of them mandates
64. An appellant who fails to file his notice of appeal within the statutory period must:
65. When may the Attorney General of the Federation enter a nolle prosequi to terminate proceedings at a special court martial?
66. Which of these statements is correct?
67. A prosecutor can appeal against all but one of the following:
68. Which of the following is not a factor to be considered in an application for bail?
69. In the South, where a Judge sentence an individual on 3 counts of stealing as follows: count 1, 2 years; Count 2, 3 years; Count 3, 5 years and is silent on whether the terms are to run consecutively or concurrently, how many years is the accused person to serve?
70. A High Court Judge can review another High Court Judge’s ruling on bail;
71. Which of the following grounds of appeal is valid under the Criminal Procedure act but not valid under?
72. The right of appeal is a creation of statute. Therefore, the right
73. Every judgment of court under sec. 245 of CPA and Sec.269(1) of CPC shall contain the following:
74. When an accused tried by the High Court in jigawa state is found guilty and convicted, the Court is not empowered to do one of the following:
During the interrogation of Mr. Jaja in an allegation of stealing, the Investigating Officer (IPO) threatened to send bad boys on the trail of his girlfriend, Miss Kate and molest her thoroughly, if he failed to confess to the crime, Consequently, Mr. Jaja was identified by the complainant in an identification parade consisting of five suspects of different heights. The confessional statement was admitted at his trial despite his objection to its admissibility. The prosecution closed its case after calling the IPO out of six witnesses he listed on the reverse of the Information. Mr Jaja’s objection to this was overruled.
Now answer questions 75 – 79
76. The trial judge should not have admitted the confessional statement without first
77. The above scenario is not appropriate case where identification parade is required because
78. The identification parade was irregular because the minimum number of persons required to be paraded at a time is
79. The objection of Mr. Jaja to the closing of the prosecution’s case without calling other witnesses was rightly overruled because
At the trial of Deji for the offence of stealing at the Magistrate Court in Lagos, the charge was read to Deji, an illiterate in English language by the Registrar of the Court. Because of Deji’s handicap, his lawyer, Fred Dogo decided to plead on his behalf and urged the Court to temper justice with mercy because according to him, Deji was a first offender. At this stage, the light in the Court room went off and the Magistrate adjourned sine die.
Answer the following questions 80-82
81. Fred Dogo pleading on behalf of Deji was
82. The right of Deji to an interpreter at no cost is provided for in …………….. of the Constitution of the Federal Republic of Nigeria
John, Jerry and kalu aged 50, 30 and 16 years respectively attacked and finally wounded Agaba on the 20th of August, 2018 at Spice Hotel, Enugu. Acting on a tip off, John was arrested at an uncompleted building in Awgu LGA in Enugu State on the 30th of August, 2018.
After torturing him, he claimed in his statement that Jerry, Kalu and himself attacked and killed Agaba. He also gave account of the whereabouts of the other two accused persons. Jerry was arrested in Atlanta Hotel in the outskirt of Enugu on 31st August, 2018 and substances suspected to be cocaine was recovered under his bed, Kalu was arrested in Onitsha, Anambra and brought to Enugu on 1st September, 2018.
John, Jerry and Kalu are to be arraigned at the High Court Enugu.
Answer the following questions 83-93
84. If you are the counsel for the prosecution, which of the following will be your answer to the objection of Kalu aged 16 years old?
85. Assuming the sole objection of Kalu is that since he was arrested in Onitsha, Anambra, the High Court of Enugu in Enugu State has no jurisdiction to try him for the offence. What is the nature of his objection as to jurisdiction?
86. The statement obtained from John is:
87. The statement of John is …………………… in evidence against Jerry and Kalu
88. Assuming as Counsel for the accused John, you object to the admissibility of the statement on the ground that he was tortured before obtaining it, what should the Court do?
89. Assuming John only denied making the statement and counsel for the defence objects to its admissibility, what possible order would the Court make?
90. If during the trial, the Court decided to visit the Spice Hotel, Enugu where Agaba was murdered, the Court is said to:
91. Assuming that in the Information filed charging John, Jerry and Kalu, the offences of murder and unlawful possession of cocaine are contained on one count, the charge is said to offend which rule of drafting charges?
Jerry Igwe is arraigned in count two of the information with unlawful possession of cocaine.
93. In the course of trial of Jerry for unlawful possession of cocaine, his counsel objected to the admissibility of the substance on the ground that it was unrelated to the offence of murder of Agaba for which he was arrested. As prosecuting counsel, which of the following will be your reply?
Dayo was charged with the offence of being in possession of arms and ammunition at the Ibadan Chief Magistrate Court in Oyo State, when the charge was read to him, he pleaded not guilty by reason of insanity, but the Magistrate continued with the trial. At the conclusion of the trial, Dayo was found guilty and sentenced to two years imprisonment. Dissatisfied with the judgment of the High Court, Dayo filed his notice of appeal at the registry of the High Court.
Answer questions 94-96
95. When Dayo pleaded not guilty by reason of insanity, the Court should have
96. The notice of appeal was rightly filed at the registry of the High Court
When the charge of stealing was read in English language to Lawal at the Magistrate Court of Federal Capital Territory, Abuja on 27th July 2018, Lawal was simply looking at the Magistrate without a word.
Answer questions 97-100
98. If from the scenario above, Lawal has refused to plead, the Court would
99. If from the scenario above, Lawal is unable to plead, the Court should
100. If from the above scenario, Lawal is said to stand mute, the Court
should
Yusuf was arrested for the offence of armed robbery. He had been kept in police custody for 10 days. A criminal action was commenced against Yusuf by the Attorney General of the State at the Kano High Court. During the trial, the state counsel entered orally a nolle prosequi on behalf of the Minister of State for Justice which the defence counsel did not object to.
102. The nolle prosequi entered by the state counsel is
103. The effect of a valid nolle prosequi amount to
104. The detention of Yusuf at the police custody was
105. The AG of Kano State requires the fiat of the AG Federation to sue in
Court
Nonso, Chidera, Kelechi were arrested and charged before the High Court of Imo State for the offence of treason and treasonable felony. Their Counsel, Mr. Chukwu intends to oppose to the jurisdiction of the Court to try the offence.
Answer the following question:
107. If the objection of the defence counsel to jurisdiction succeeds, which of these courts will have jurisdiction?
After receiving his April 2018 salary, Major Osagie proceeded to the “Mammy Market” of Kaka barracks to take some bottles of beer. Major Osagie got himself drunk and raped a 10 year old girl who was selling groundnuts in the barracks, major osagie was eventually arrested and arraigned before a General Court Martial on charges of drunkenness and rape.
Answer questions 108-112
109. The proper composition of the General Court martial trying Major Osagie should be
110. The judge advocate appointed to serve in the General Court Martial trying Major Osagie must have at least …………….. post call experience at the bar
111. The Rules of Practice and Procedure applicable in Court Martials in Nigeria is
112. Major Osagie intends to appeal against the decision of the General Court Martial. The Court vested with the jurisdiction to entertain the appeal is
On 15th April 2012, a trial of the Niger Delta militants took place in the Federal High Court, where the Registrar read one count charge of treasonable felony to them, which was allegedly imported weapons, trained rebel forces and made fake army uniforms, preparatory to waging war against the Federal Republic of Nigeria. The overt acts have been charged in one count. The judge was very angry with the accused persons. He subjected them to series of questions and convicted and sentenced them based on their answers.
They have now filed a joint notice of appeal at the Court of Appeal which notice, their Counsel Bozimo signed for them. They argued their grounds of appeal extensively. The appeal was struck out.
114. Lumping all the overt acts in one count could be allowed because
115. The failure to explain the charge to the accused persons could result in the conviction and sentence being quashed on appeal if
116. A joint notice of appeal is allowed where
117. A lawyer can sign a notice of appeal for appellants in one of the following circumstance
118. The Court of Appeal rightly struck out the appeal because
A case of murder incident was reported at the Ekeki Police Station in Yenegoa, Bayelsa State. Inspector Yuwa who was in charge of the station issued search warrant and warrant of arrest against Timi. Timi’s room was searched and a blood-stained knife was recovered. He was beaten thoroughly by the Police, and he confessed to the offence of murder in the station. At the trial, the blood-stained knife was tendered in evidence but was rejected because it was never taken to the forensic laboratory for examination. The Judge before whom Timi is standing trial has refused to grant him bail despite his failing health.
Now answer the following questions
120. Inspector Yuwa is a competent authority to issue
121. Bail is ………………
122. The blood-stained knife could be admitted in evidence on the ground of
When Mr. Brown was called upon to plead at his trial for rape, he stood mute. The prosecution who has listed 10 witnesses in their list of witnesses called only 2 witnesses. While the 1st witness was testifying, the 2nd witness remained in the Courtroom even though she was told to go out of Court and out of hearing. Mr. Brwon’s counsel made a no-case submission and immediately it was overruled, he rested his case on that of the prosecution. Accused was convicted and sentenced to death by hanging
124. The testimony of the 2nd prosecution witness
125. A no-case submission is to the effect that
126. The defence should only rest its case on that of the prosecution
127. Upon conviction, the accused
On 17th January, 2009, Miss Favour’s house was searched thoroughly by the police upon information that she was dealing in contraband lace materials. Her person was not spared either in the search. No lace materials were found. In her handbag however were fake international passports of various countries procured for girls ready to be trafficked outside Nigeria. Inspector Dada and Sergeant Umar who carried Umar who carried out the search immediately arrested her and carted away the items to their station where she made a statement. She was detained for about 10 days without allowing her access to her lawyer.
129. The police officers in carrying out the search contravened Miss Favour’s fundamental right they did one of the following
130. Assuming you are counsel to Miss Favour, what is the first thing you will do upon being briefed of her case?
Ore and Segun were charged with stealing. They were both convicted and sentenced to 5 years imprisonment by the Magistrate who tried them in Illorin, Kwara State. When the charge was read to them, they both stood mute, the Magistrate became angry and as a result recorded a plea of guilty for each of them. They appealed to the Court of Appeal against the decision of the Magistrate. After filing their Notice of Appeal, Segun failed to take any further step. Ore filed his appellant’s brief as required under the Court of Appeal Rules but he died before the appeal was heard.
132. The appeal of the accused person to the Court of Appeal is improper beacause
133. Since Segun failed to take any further step in the appeal after filing his notice of appeal, he will be deemed to have
134. The Period within which appellant must file his brief of argument under the new 2011 Court of Appeal Rules is
Tari, Amina and Tolu were charged to the Chief Magistrate Court, kaduna with the offences of robbery and stealing while armed with guns under section 1(2) of the Robbery and Firearms Act, CAP R11, LFN 2004. The Chief Magistrate found that the accused persons were only in possession of toy guns on the day of the robbery. Nevertheless, the Chief Magistrate convicted them as charged and sentenced the three accused to death by firing squad.
136. Looking at the nature of this case, the proper Court to entertain this matter should have been
137. Which of the following is incorrect
138. Tari was found to be pregnant on the day of judgemtn. In view of her condition, the proper sentence to be imposed should be
In a trial for the offence of unlawful possession of cannabis sativa, the accused pleaded guilty to the charge and was accordingly convicted and sentenced to three years imprisonment and 15 strokes of the cane. He intends to appeal the decision but he did not know the first step to take
140. The Court was wrong in convicting the accused person of the offence charged upon his plea of guilty without first
141. One of the following pieces of evidence is most important in the above trial
142. The Court exceeded the limit of the number of strokes prescribed at any given time which is
143. The first step to be taken in an appeal against the decision in the above is
Ebi was detained in police custody for 15 days before his arraignment for the offence of stealing before the Yenegoa Chief Magistrate’s Court. The prosecution intends to tender a confessional statement purportedly made by Ebi and call four witnesses one of whom was not even listed as one of the witnessesto be called on the reverse of the Information. The accused intends to raise autre fois acquit when the charge is read to him.
145. One of the following will vitiate the confessional atatemetn intended to be tendered by the prosecution
146. If Ebi denies the voluntariness of the confessional statement when tendered, the Court will do one of the following
147. Ebi is likely to fail in his objection because
148. For Ebi to successfully make his plea of autrefois acquit , he must show the presence of all but one of the following
149. Since the court decided to sit on a public holiday, which of the following is correct
150. On the day of the hearing, no counsel appeared for the accused persons. What should the court do in the circumstances?
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