Criminal Litigation adminDecember 17, 2019 Welcome to your Criminal Litigation Name Email Phone Number 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 To plead to the charge To hear the charge read and explained to him to satisfaction of the court To be placed in the dock unfettered All of the above 2. The reason given by the police for the detention of the suspect is: Proper because police has discretion Lawful in view of the fact that the crime involves loss of life Unlawful All of the above 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: The search of HajiraAisha by a male policeman was unlawful The search was illegal because it was conducted at 11pm The search is illegal because it was done without a search warrant None of the above 4. One of the following is not a content of the warrant of arrest: One of the following is not a content of the warrant of arrest: (a) The name of the alleged offender (b) A concise statement of the alleged offence (c) A concise statement of the ruling of the judge issuing the warrant (d) The date of issue A concise statement of the alleged offence A concise statement of the ruling of the judge issuing the warrant The date of issue 5. Which of the following is correct: The cocaine found in Hajia Aisha’s bag cannot be admitted in evidence because the advantage of admitting it is outweighed by the disadvantage of admitting it The cocaine can be admitted in evidence because it is relevant The cocaine cannot be admitted in evidence as HajiaAisha was not caught at the point of purchase None of the above 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 6. Which of the following statement is false? A warrant of arrest can be issued on any day including public holidays A warrant of arrest can be executed on any day including public holidays A warrant of arrest can be issued by a Commissioner of Police being a superior police officer A warrant of arrest can be executed in a church or a mosque 7. Which of the following is true? The proceedings in respect of Chukwuka Ifeanyi was validly conducted on the 11th of August The proceedings on the 11th of august can only be validly if both parties are not muslims The proceedings on the 11th of August can only be conducted validly with a special permit from the attorney general of Anambra State The proceedings on the 11th of August can only be validly conducted with the consent of both parties 8. Assuming the prosecution intends to controvert the facts deposed in the affidavit in support of the application, it will: File an affidavit in opposition File a contrary application File a counter affidavit Oppose the application on points of law 9. Which of the following is not a factor the court will consider in granting or refusing to grant bail to the accused? The gravity of the offence The likelihood that accused will tamper with investigation The likelihood that accused will commit another offence if granted bail The economic condition of 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. 10. The search of Mr. Bigi was : Unlawful because the police did not obtain search warrant in that respect Unlawful because the police did not show him the search warrant Lawful because the police can search a body or a thing with or without a search warrant None of the above 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 A body search An arrest An identification parade A recruitment 12. The magistrate court rightly assumed jurisdiction over the offence of counterfeiting and uttering ______ Yes No All of the above None of the above 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: Enter a plea of guilty for him Enter a plea of not guilty for him Enquire into the cause of his muteness Do none of the above 14. When an inferior court or tribunal exceeds its jurisdiction, its decision is challenged by way of _______ Certiorari Mandamus Habeas corpus Prohibition 15. In the Evidence Act 2011, the definition of voluntary confession can be found in Section 27 (2) Section 28 Section 29 None of the above 16. The Prosecutorial powers of the Attorney General are provided under Sections 174 and 188 1999 CFRN Sections 83 and 174 1999 CFRN Sections 174 and 211 1999 CFRN Morris Sections 150 and 195 1999 CFRN 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 Abacha v The State Kuruma v Queen Uzodinma v COP Ibeziakor v COP 18. The Prosecutorial powers of the Police was reinforced by the Supreme Court in the case of Anyebe v The State Uzodinma v COP Ibeziakor v Police FRN v Osahon 19. Which of these Courts does not have original criminal jurisdiction High Court Upper Area Court Court of Appeal None of the above 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 Section 35 Section 365 Section 363 Section 36 1. Identify the false statement among the following: A juvenile cannot be put in the same cell with adult criminals. The juvenile is addressed as "defendant" during the proceeding To determine age of a juvenile, the court will consider the age at the time of committing the offence Publishing the identity of the juvenile is an offence punishable by N100 fine. 2. For the General Court Martial, which of the following cannot convene it? The President. Chief of Defence Staff. The Service Chiefs. None of the above 3. The person on whom the summons is served must endorse the duplicate copy, acknowledging service. Failure to endorse results to: Punishment by detention in custody or prison for a Period Not Exceeding 14 Days as a court deems fit. No fundamental issue, just mere error Contempt ex facie curia All of the above. 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. 24 hours 7days 48 hours 21 days 5. In which of the jurisdictions below, is the law given that a man cannot also be searched by a woman? Ondo state Federal Capital Territory Kano state Benue state 6. A police officer has just recovered some materials in the course of an unlawful search, advise him. This is admissible provided it is relevant to the fact in issue alone. It shall not be admissible unless the court is of the opinion that the desirability of admitting the evidence is outweighed by the undesirability of admitting the evidence obtained in the unlawful manner He can simply add them to the inventory list It shall be admissible unless the court is of the opinion that the desirability of admitting the evidence is outweighed by the undesirability of admitting the evidence obtained in the unlawful manner 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? 8 9 10 12 9. Who is the proper person to sign the search warrant that was used to recover the Samsung phone? A Magistrate A Justice of Peace the sergeant who is the exhibit keeper none of the above 10. What is the appropriate time for the execution of the search warrant? At any time of the day Between 5am and 8pm Between 6am and 6pm Between 6am and 7pm 11. The authority of the Customary Court to try criminal matters is drawn from Section 36(1) of the 1999 Constitution Section 36(3) of the 1999 Constitution Section 36(9) of the 1999 Constitution Section 36(12) of the 1999 Constitution 12. When the prosecution has proved an essential ingredient of the offence charged A no case submission is upheld The accused is convicted The accused is called upon to make some explanation The accused is discharged 13. The maximum punishment that can be imposed by an Upper Area Court is Seven years imprisonment Fourteen years imprisonment Twenty-one years imprisonment Unlimited except death penalty 14. Which of these is untrue about warrant of arrest under the CPA It must be in writing It can be issued by a Superior Police Officer There must be a complaint on oath It must be sealed 15. The requirement that search of a woman shall be with strict regard to decency can be found in Section 43(1) and 82 CPC Section 82 CPC Section 44(1) and 82 CPC Section 81 CPA 16. The Law regulating the jurisdiction, practice and procedure of Court Martial is Coroners Law Court Martial Act Children and Young Person’s Law Armed Forces Act 17. The Principal sources of Criminal Procedure laws in Nigeria include the following except Criminal Procedure Laws Administration of Criminal Justice Law Coroners Law Criminal Procedure Code 18. Under the Magistrate Court Law of Lagos 2009, the following grades of Magistrate Courts exist in Lagos Seven Six Five None 19. The Police Officer authorized to issue a search warrant in certain circumstances must have attained the rank of Cadet Asst. Superintendent of Police Asst. Superintendent of Police Inspector Cadet Inspector 20. A Warrant of arrest cannot be lawfully executed in the following places except A Court in Session Parliamentary House without the authority of the Head of the House A Court None of the above 21. The process used to compel the presence of witnesses before Magistrate Courts is Subpoena ad testificandum Subpoena ducestecum Witness summons All of the above 22. The appropriate procedure to compel the attendance of a person to answer to a misdemeanour in Court Warrant Arrest Summons Writ 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 Section 78 CPA Section 79 CPC Section 78 CPC None of the above 24. In the Magistrate in the North, there is a distinction between jurisdiction to try offences and jurisdiction to impose punishment True False Partially None of the above. 25. As a general rule in Section 14 Evidence Act, illegally obtained evidence is Admissible Inadmissible Discretional None of the above 26. A belligerent way of obtaining information from a suspect is Arrest Interview Summons Interrogation 27. Under Section 15 of the Area Court Edict, the Court shall have jurisdiction over the following persons except Any persons who resides or carries on business in Northern Nigeria Any person whose parents were members of any tribe indigenous to some parts of Africa and the descendants of such a person Any person one of whose parents was a member of a tribe whose tribe is indigenous to some parts of Africa Any person who consents to be tried by an Area Court 28. In the Evidence Act 2011, the definition of voluntary confession can be found in Section 27 (2) Section 28 Section 29 None of the above 29. Which of these Constitutional rights is not available at the Police Station Right to Bail Right to Counsel of One’s Choice Right to dignity of human person Right to Fair Trial 30. Practice and Procedure in the Federal High Court Lagos is regulated by Criminal Procedure Act Criminal Procedure Code Administration of Criminal Justice Act Criminal Procedure Law Lagos 31. The following is true about Identification Parade except The authority for its admissibility is Section 7 (a) Evidence Act 2011 It is mandatory in all circumstances where the identity of a suspect is in issue It is necessary only when the identity of the offender is in doubt It must be done in the Police Station 32. Criminal Proceedings cannot be commenced by The Judiciary The Attorney General Special prosecutors Private persons 33. The case of Ajayi v Native Authority relates to the question of Right to Counsel of one’s choice Right to presumption of innocence Competence of interpreter Bad for misjoinder of offences. 34. A charge that omits to state the section of the law contravened is Bad for duplicity Bad for ambiguity Bad for misjoinder of offences Bad for misjoinder of offence 35. Which of the following exercises of powers is invalid Nolle Prosequi entered by the Attorney General in the trial of his personal friend. Proceedings commenced by a Pupil State Counsel two months after the Attorney General was removed from office. Power of discontinuance entered orally by the Solicitor General of the State in person Proceedings taken over by the Attorney General from the EFCC in a matter, the EFCC clearly had powers to commence. 36. Special circumstances must be shown in an application for bail At the Police Station In capital offences at the Magistrate Court Pending trial at the High Court Pending appeal 37. In the North, Area Courts replaced the former Sharia Courts District Courts Native Courts Customary Courts 38. The Attorney General of the State can only prosecute the following offences with the fiat of the Attorney General of the Federation except Treason and Treasonable Felonies Unlawful possession of arms under the Fire Arms Act All Federal Offences None of the above 39. Identification parade is not necessary in the following cases except where the offender is apprehended at the scene of the crime or pursued immediately thereafter and apprehended the defence alibi has been put forward by the suspect but dispelled by the prosecution the accused person, by his own cogent, confessional statement identified himself as the culprit None of the above 40. Which of these phrases best describes a nolle prosequi An end to criminal proceedings An unconditional termination and acquittal of an accused person A stay of execution of a criminal sentence A suspension of criminal proceedings resulting in the mere discharge of an accused person 41. Juvenile Courts’ jurisdiction over young person does not extend to the following except where the child or young person is charged with an offence, which is punishable by the death ` penalty. Where the young person is jointly charged with an adult Where the young person elects to be tried by a regular court None of the above 42. Courts of Special Criminal Jurisdiction does not include Federal High Court Juvenile Court Coroners Court Customary Court 43. The member of a Court Martial who must be a qualified legal practitioner is the President Liaison Officer Judge Advocate Waiting member 44. Which of these is not one of the elements of the defence of alibi It can be raised at any time of the proceedings before judgment It raises an evidential burden on the defence to supply particulars of his whereabouts The general burden of proof remains on the prosecution None of the above 45. Which of these Courts does not have appellate criminal jurisdiction? High Court Magistrate Court None of the above 46. A charge containing the offence of demanding and receiving stolen property is Bad for duplicity Bad for ambiguity Bad for misjoinder of offences 47. One of the following is incorrect as regards the limitation period to institute criminal proceedings Sedition - six months Treason – two years Having carnal knowledge of a girl under 16 – three months Custom Offences – seven years 48. The Attorney General cannot enter a nolle prosequi in the following Courts except Coroners Court Court Martial Juvenile Court All of the above 49. Under the CPA, a search warrant may not be executed on a Sunday Saturday Public Holiday None of the above 50. The right of appearance of Counsel was the gist of the case of Osahon v FRN COP v Ibeziako Uzodinma v COP COP v Okpegboro 51. Which of these cases emphasized the overriding powers of the Attorney General to institute proceedings in any Court in Nigeria Emelogu v State Abacha v State State v Aigbangbee State v Okpegboro 52. Which of the following statement is false? A warrant of arrest can be issued on any day including public holidays A warrant of arrest can be executed on any day including public holidays A warrant of arrest can be issued by a Commissioner of Police being a superior police officer A warrant of arrest can be executed in a church or a mosque 53. The right to counsel is constitutional right provided for under Section 36(6)(a) 1999 CFRN Section 36 (6)(b) 1999 CFRN Section 36 (6)(c) 1999 CFRN Section 36 (6)(d) 1999 CFRN 54. Where a Court fails to accede to the request of the Defence for adjournment. It may amount to a breach of the constitutional Right to Counsel Right to adequate time and facilities Right of adjournment Right to fair hearing in public 55. Which of the following is not a factor the court will consider in granting or refusing to grant bail to the accused? The gravity of the offence The likelihood that accused will tamper with investigation The likelihood that accused will commit another offence if granted bail The economic condition of 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: 56. Where an accused person was given the opportunity to present his case and he failed to avail himself, he cannot be heard complaining of breach fair hearing. So the Court held in COP v Adamu R v Agie NBA v Akintokun Akabueze v FRN 57. The power of a Court to call or recall witnesses suomotu for the just determination of a case is referred to as Ex improviso rule Visit to locus in quo Subpoena ad testificandum None of the above 58. A Judge is enjoined to be brief when Upholding a no case submission Overruling a no case submission Fettering his discretion None of the above 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 Appealing against the conviction but not the penalty Appealing against the penalty but not the conviction Challenging the conviction on the ground of infringing the right to be tried only for an offence known to law All of the above 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 Indecent or scandalous Intended to annoy Intended to insult None of the above 61. Which of these case relates to grounds for grant of bail Anyebe v The State Abacha v Fawehinmi Ibeziakor v Police Dantata v State 62. The right of an accused person not to be compelled to give evidence is found in Section 36 (9) 1999 CFRN Section 36 (10) 1999 CFRN Section 36 (11) 1999 CFRN Section 36 (12) 1999 CFRN 63. In the Magistrate Court in the North, the charge does not contain Introductory part Direction part Particulars of offence Date of commission of the offence 64. The following post amendment procedure may not be waived except The right to call or recall witnesses Reading the new charge to the accused and taking a fresh plea Endorsement of amendment note on the charge None of the above 65. A tabular or diagrammatic illustration of the practical approach to employed in the prosecution of a criminal trial is Theory of the case Evidence of the prosecution Trial advocacy Trial plan 66. The case of COP v Olaopa relates to Ex improviso rule No case submission Meaning of an accomplice Visit to locus in quo 67. When in the course of an arraignment, an accused refuses to plead to the charge read or keeps mute The Court may commit him for contempt The Court must enter a plea of not guilty for him The Court can go ahead to convict him The Court may investigate the cause of his refusal or muteness 68. Magistrate Courts can deliver oral judgment and ____ for the judgment to be valid, Reduce it into writing thereafter Give copies of the judgment to the parties Record briefly in his book the decision thereon Give appeal conditions to any party offended by it 69. To prove the offence of stealing, the prosecution ____ is not bound to call a specific number of witnesses is bound to call at least two witnesses all of the above none of the above 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 Guilty Not guilty Guilty by reason of mistake Not guilty by reason of mistake 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. From the above scenario, the accused is said: To have refused to plead To be unable to plead To have remained mute To have objected to the provision of interpreter 72. If from the scenario above, MallamAboki has refused to plead, the court would: Inquire into the cause of refusal Enter a plea of not guilty Enter a plea of guilty with reason None of the above 73. If from the scenario above, MallamAboki is unable to plead, the court should: Adjourn the matter Enter a plea of not guilty for him Enter a plea of guilty for him Provide him with another interpreter 74. If from the above scenario MallamAbokiis said to stand mute, the court should: Enter a plea of not guilty for him Adjourn the matter Enter a plea of guilty Enquire into the cause of the muteness 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. By counsel’s last statement he is stating that The witness is a dodgy witness. The witness is a hostile witness The witness is an unreliable one The witness is of a weak intellect 76. If counsel statements in the last paragraph are true the right procedure is: To pronounce the witness a hostile witness To apply to court to declare the witness a hostile witness To discontinue further questions To apply to discharge the witness 77. If the witness is declared a hostile witness, then: Counsel can cross examine him The court can filter his evidence The witness can apply to step down None of the above 78. If the witness is declared a hostile witness in this case: Only his previous statement can be acted upon Only subsequent statements can be acted upon Both his previous and subsequent statement will be discountenanced None of the above 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. 79. The detention of Badmut at the police station was: Lawful Unlawful Justified wrong 80. The court that has competence to try the action is: High court Federal High Court Indusrial court Sharia court 81. The nolle prosequi entered by the Minister for state was: Unconstitutional Constitutionally correct Outdated None of the above 82. The sentence imposed by the Judge was: Unconstitutional Constitutional Judicial rascality None of the above 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. False True Requires witness Require consent of Badmut 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. 84. Which court has jurisdiction to try the offence? The Chief Magistrate Court The High Court The Federal High Court The sharia court 85. What is the legal implication of the plea entered by Akin? Such plea is proper in law as the judge can convict on it. Such plea is not proper in law as it is ambiguous Such plea amounts to contempt as judges usually frown at it Such plea is an admission of guilt 86. What step should the court take after Chinwe has entered his plea? Datain the accused at Governor’s pleasure Enter a plea of Not Guilty for the accused Send the accused to mental home Find out whether the accused committed the offence and whether he was sane or insane at the time the offence was committed 87. Since the court decided to sit on a public holiday, which of the following is correct? Proceedings conducted on a public holiday is valid as parties to the trial consented to it Proceedings conducted on a public holiday is invalid whether or not parties consented to it Proceedings conducted on a public holiday is valid only if the prosecutor consented to it. Proceedings conducted on a public holiday is valid only if the accused consented to it. 88. On the day of hearing, no counsel appeared for the accused person. What should the court do in the circumstance? Proceed with the hearing Refer the case to the legal aid council to get counsel for the accused person Detain the accused person in custody until they are able to get counsel to represent them. Detain the accused person and advice their relation to arrange for counsel for them. 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. 89. At what stage of trial will he raise the issue of jurisdiction? Immediately the accused persons take their plea. Immediately the charge is read to the accused persons but before they take their plea thereon. Immediately the case is called by the registrar None of the above 90. If the objection of defence counsel to jurisdiction succeeds which of these courts will have jurisdiction? High Court of kogi State Upper Area Court, Okene Court of Appeal Federal High Court 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 91. The Court was wrong to have hurriedly recorded a plea of not guilty for Joy when she stood mute because: The muteness could have been as a result of stress The muteness could have been as a result of annoyance The muteness could have been as a result of malice or visitation of God None of the above 92. The objection to the right of the NDLEA official to prosecute the accused persons was _________ Wrongly overruled Rightly overruled All of the above None of the above 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: Simply rejected the statement Simply ask the prosecution if the statement was made in the presence of any one Simply ask Joy if Anne truly made the statement Simply admitted the statement but look for other pieces of evidence adduced at trial to corroborate the content of the statement before ruling on it. 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 ______ Inducement Threat Promise of an advantage All of the above 95. The Prosecutor’s evidence would be insufficient in the absence of any one of the following: Case diary Expert report of a national chemist Post mortem report Confessional statements of the accused persons 96. Final address by the defence is important because _______ It is part of the evidence of a party It is the sole determinant of who wins a criminal matter It helps the judge to avoid going through the bulky evidence adduced by the parties It assists the Court in identifying the strength of a party’s case and the weakness of the other based on their respective evidence already adduced before the court. 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. 97. When Ajasco Randi refused to enter a plea the Court should have : Adjourned the matter sine die. Investigated the reason for his refusal Enter a plea of guilty for him and sentence him accordingly Ordered him to plea to the charge 98. The evidence of the prosecution witness who remained in court should have been: Disregarded by the court Inadmissible in its entirety Admitted but the court should attach less weight to it All of the above 99. The objection of the defence counsel that the prosecution ought to call the other witness listed should be overruled: Because the prosecution is not bound to call all his witnesses No, it should be upheld because once witnesses are listed on the charge sheet they must all be called Because the prosecutor is the master of the proceedings Because only the eye witness is necessary in the proceedings 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 100. Assuming the counsel is to contest the jurisdiction of the court which court has the jurisdiction to try the offence? The state high court The Federal high court The Industrial court The magistrate court 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: Right to counsel of his choice only Right to personal liberty only Right to be informed of the case against him All of the above 102. The bail application made by the counsel to the accused is referred to as: Bail pending trial Bail pending investigation Police bail Bail pending appeal 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. Only if he is represented by counsel Only if he asked for them Only at the discretion of the court Whether he is represented by counsel or not 104. All but one of the following are compulsory requirement in a valid charge sheet. The state of origin of the accused person The place of commission of the offence charged The date of commission of the offence The name of the accused person 105. A first information report is used to institute criminal matters in a magistrate court in the north. In a Magistrate Court in the north In a magistrate court in the south In a high court in the north In a high court in the south 106. An information for instituting criminal actions in the south contains: A preamble, statement of particulars, and particulars of offence A preamble, statement of offences and particulars of offence A preamble, count and statement of offence A preamble, statement of offence and ingredient of offence 107. The rule that the length of a ruling on a no case submission alone does not invalidate the ruling was laid down in Ekanem v R Ibeziakor v COP Emedo v State Atano v AG Bendel 108. Which of these is not an accurate reflection of the position of the law The Court can suomotu discharge an accused person without an application for no case to answer The Prosecution can in some instances be allowed to call witnesses even after the close of the case of the Defence After the close of the prosecution’s case, the defendant is to enter into his defence None of the above 109. A Warrant of arrest cannot be lawfully executed in the following places except A Court in Session Parliamentary House without the authority of the Head of the House A Court None of the above 110. The process used to summon a witness to testify and produce a document is Subpoena duces tecum ad testificandum Subpoena ducestecum Witness summons Subpoena ad testificandum 111. Which of these is not required to accompany an application for consent A copy of the proposed charge An affidavit by the applicant if brought by the AG Unedited statement of the accused Previous applications where applicable 112. In the case of Abacha v The State, the Court accepted the following means of applying for consent An ordinary letter Complaint on oath Statement and affidavit None of the above 113. Which of the following statement is correct Application for Consent is made to the Judge Application for consent is made to the Court Application for Consent is made to the Registrar of Court Application for Consent is made to the Chief Judge 114. Application for consent is no longer required in Kano State Abia State Lagos State 115. The condition for the successful plea of no case submission is based on Section 286 CPA Section 191 CPC Section 243 ACJL None of the above. 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 The conviction is valid The conviction will be set aside The no case submission ruling will be reversed on appeal The Judge will be queried 117. The option available to the Court where the complainant is absent in Court does not include To dismiss the charge To discharge the accused person To acquit the accused person) To adjourn the hearing to some future date 118. Where a no case submission is overruled, the option available to an accused is Rest his case on that of the prosecution Enter into his defence Keep silent All of the above 119. Which of these is not a technique on cross examination Probing Direct Confrontational Insinuation 120. The first step for the Court to take after a plea of not guilty by reason of insanity is to determine whether The accused was insane at the time of committing the offence The accused was sane at the time of committing the offence The accused did commit the offence The accused was insane at the time of the trial 121. The provision of Plea bargaining can be found in the EFCC Act ACJL Lagos All of the above None of the above 122. Charge is defined in Section 1 (2) CPA Section 2 (1) CPA Section 2 CPC Section 200 CPC 123. The procedure for the conduct of a valid arraignment does not include The accused must be placed before the court unfettered The charge is read and explained to the accused in a language he understands The accused must plead instantly to the charge The plea of the accused is recorded instantly 124. The proper process to apply for bail of an accused pending trial in the South is by Motion on notice Motion ex parte Originating Motion Summons 125. In Youngman v COP the conviction of the accused person was set aside because The charge was defective A fresh plea was not taken after amendment of the charge The right to fair hearing was breached The accused had already served the punishment while awaiting trial 126. Bail can be applied for orally in the following except the Magistrate Court the High Court the Court of Appeal At the Police Station 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 It is an infraction of the constitutional right of the accused persons to conduct a trial in their absence It is not mandatory for the accused persons to be present at their trial Since there was no miscarriage of justice, the absence of the accused persons at the locus was an irregularity that did not vitiate the proceedings None of the above 128. An accused person is presumed innocent until proven guilty. That is the gist of Section 36(1) 1999 CFRN Section 36(4) 1999 CFRN Section 36(5) 1999 CFRN Section 36(9) 1999 CFRN 129. The effect of upholding a no case submission is Nullifies the trial A mere discharge Discharge and acquittal Acquittal without discharge 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. The charge is bad for misjoinder of offences The charge is bad for duplicity The charge is not bad as it relates to general deficiency of money It is not certain that the accused even stole the goods 1. Which of these statements is true? A High Court Judge in Jigawa State may deliver an oral judgment and record briefly in his book his decision A High Court Judge in Borno State may deliver an oral judgment and record briefly in his book his decision The Grand Kadi of Kwara State may deliver oral judgment and record briefly in his decision A Chief Magistrate in Kano State may deliver an oral judgment and record briefly in his book his decision. 2. An accused who makes a plea of not guilty when the charge is read and explained to his is presumed to; Propose to impeach the integrity of prosecution witness Be planning to participate in judicial controversy Have by so doing put himself upon his trial Be planning an attack on the integrity of the Attorney General 3. When a charge is amended in the course of a trial, the proper steps to take are as follows Read an explain the new charge to the accused and ask for plea Explain the law to the accused person and ask if he wish to be tried by another law Put the facts of the case to the accused and ask if he admits them Explain to the accused that he need not say anything in view of the amended charge. 4. Generally, evidence of bad character is irrelevant in criminal cases. However, such evidence irrelevant in all but one of the following: When the bad character is a fact in issue When the accused has given evidence of his good character When the accused has given evidence against the co-accused When the accused is tried for murder 5. In which of the following instances will a trial court order a trial within trial? When the statement made by the accused to the Police was not made in the presence of a Senior officer When the statement made by the accused to the Police was made on a wrong form When the statement made by the accused to the Police was not read to him before he signed it When the statement made by the accused to the Police was not made voluntarily 6. The law governing criminal proceedings in the Federal High Court, Sokoto is: Criminal Procedure Code Criminal Procedure Act Federal High Court Rules Constitution of the Federal Republic of Nigeria 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 Katsina State Osun State FCT All of the above 8. At what point in a trial would a Magistrate need a leave to amend a charge needed? During the presentation of the prosecution’s case During the prosecution of the case of the defence After closing address None of the above 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? He is already out of time June 15, 2000 July 15, 2000 August 15, 2000 10. What does the rule against the duplicity of charge translate into? That more than one person cannot be charged in one count; That more than one offence cannot be contained in one count; That more than one person cannot be charged in the same charge sheet That more than one offence cannot be charged in the information 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. 11. Which of the following parties cannot appeal against the judgment? The prosecutor Prado Bronze Bank Bala 12. Who can appeal against the sentence of imprisonment The Prosecutor Bala Bronze Bank All of the above 13. The time limit for bringing criminal proceedings for conspiracy to commit treason is 6 months 2 years 6 years None of the above 14. Under the CPC, a Court may in passing sentence on the accused take into consideration any other charge pending against the accused if The accused consents The accused person’s counsel consents The prosecutor consents The Attorney General consents 15. Which of these statements is false? A person convicted on his plea of guilty cannot appeal against the judgment A right of appeal arises from a statute A prosecutor has no right of appeal An appeal against judgment of a Magistrate Court must be made within 40 days 16. Bench warrant is an order directed at one of the following to arrest the person named therein Registrar of the Court Bailiff The complainant The police 17. When can a person who is neither the prosecutor nor the accused appeal as of right in a criminal case When the punishment is life imprisonment When the sentence is only imprisonment When the sentence is both fine and imprisonment None of the above 18. Which of these statements is correct: A notice of appeal in an appeal from a Magistrate to the High Court must be given to the Registrar of the Magistrate Court must be given to the bailiff of the Magistrate Court Must be given to the Chief Registrar of the High Court All of the above 19. The applicable adjectival law for criminal trials in the Federal High Court, Port Harcourt is The Federal High Court Act 2000 The Criminal Procedure Act The Criminal Procedure Code The Federal High Court Act 20. In which of the following states may a Chief Magistrate grant bail in a capital offence? Jigawa State Taraba State Cross River State None of the above 21. To sustain an indictable offence, the prosecutor must call at least Ten witnesses Twenty witnesses Five witnesses None of the above 22. Which of the following Courts will have jurisdiction to try the offence of Treason against the Federal Government committed in Lagos State? The High Court of Lagos State The Federal High Court High Court of the Federal Capital territory Miscellaneous offences Tribunal 23. Which of these statements is not true? An arrested person shall not be handcuffed or otherwise restrained unless there is a reasonable apprehension of violence An arrested person shall not be handcuffed or otherwise retrained unless it is necessary for the safety of the arrested person An arrested person shall not be handcuffed unless there is attempt to escape An arrested person shall not be handcuffed or otherwise restrained unless he has attempted to corrupt the Investigating Police Officer 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 Cadet ASP Cadet CSP Cadet ACP Cadet Inspector 25. A charge/count is bad for duplicity if it Contains the names of more than one accused Contains more than one date of the commission of the crime Contains more than one offence Contains more than one place of commission of crime 26. When a Court in the South passes more than one sentence of imprisonment on a convict, the sentences are; To run concurrent unless the Court specifies that they are to be consecutive To be consecutive unless the Court specifies that they are to be concurrent To be partly consecutive and partly concurrent All of the above 27. Which of the following statement is false? Where a minimum period of imprisonment is prescribed by a written law, a fine cannot be substituted Where a mandatory sentence of imprisonment is prescribed, a fine cannot be substituted Where a life imprisonment is prescribed, a fine cannot be substituted All of the above 28. The main difference between a decision on a no case submission and one given after a defence has rested its case is The decision on a no-case submission is appealable while a decision after the defence has rested his case is not appealable The discharge after the defence has rested its case is always on the merit while the discharge after a no case submission is not on merit All of the above None of the above 29. In a criminal appeal, which of the following parties prepare a reply relief The Appellant The Respondent The accused The complainant 30. When is group plea allowed in a trial? Where there is only one count against the accused person Where all the accused persons are below the age of 17 years All of the above None of the above 31. When can a Court validly refuse the application by an accused person to change his plea During the case of the prosecution After the closing address by prosecution During the allocutus All of the above 32. Under the CPC, which of the following are expressly excluded from caning as a term of punishment Children and young persons Men over 40 years of age and women Christian and Muslim Clerics All of the above 33. It is the duty of the accused person to prove insanity where he relies on same for his defence because the presumption of innocence is a matter of discretion for the Court Insanity is a very serious defence and as such it has to be proved by whoever relies on it Section 28 of the Criminal code prescribes certain ingredients that must be proved by whoever wishes to rely on the defence of insanity the duty to prove insanity is imposed on the accused person by law 34. Criminal proceedings for the offences under the Customs and Excise Law must be brought within ______ of the date of the commission 10 years 2 years 7 years No specific period 35. Under the 1999 Constitution, the number of Justices of the Supreme Court that may be appointed at any time shall not exceed: 21 Justices 15 Justices 5 Justices 18 Justices 36. Which of the following enactments requires a judgment to be sealed? The CPA The CPC Both CPA and CPC None of the above 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. That the accused be sentenced to imprisonment for life That the accused is not guilty by reason of insanity That the accused be detained until he decides to plea None of the above 38. Which of the under-listed is not a strict legal right of an accused person in a criminal trial? Counsel Witness Interpreter Compensation 39. When an accused person is not represented by Counsel, at the end of the prosecution’s case, the Court has a duty to Discharge him Grant him bail pending further trial Inform him about the options open to him in his defence Call and examine witnesses on behalf of the accused person whether or not he so requests 40. Which of the following is false? The CPA regulates all aspects of criminal trial in Nigeria The Coroner’s Court may try and if necessary convict for murder A State High Court in the South cannot under any circumstances convict a person charged with murder for manslaughter All of the above 41. In a trial within trial in the course of a criminal case, evidence is led first by- The Defence The Prosecution The Court The Comptroller of Prison 42. A dissatisfied convict in a treason before the Federal High Court should appeal to the- Armed Forces Disciplinary Committee Federal Court of Appeal None of the Above Constitutional Court 43. Which of the following is false about or judicial system? Parties and their representatives carry the duty of finding facts and presenting evidence Cases are tried by the Judge based on evidence adduced by the parties The Judge plays an active role in the Investigation of facts The principles of natural justice are highly applauded 44. On arraignment an accused can plead all of the following except- Guilty with reason Not guilty Autrefois acquit or Autrefois convict Lack of jurisdiction 45. Which of the following instances of amendment of Charges will be allowed in law? Withdrawal of charges against a co-accused Substituting a charge of stealing for a charge of obtaining property by false pretences Substituting a charge of assault for a charge of affray All of the above 46. What is the earliest point in a trial at which a case will be deemed to be part heard? Arraignment of the accused The reading of charge and explanation of the same to the accused The taking of accused’s plea The adduction of evidence 47. In a trial wherein an accused person does not understand the language of Court, Court need provide the services of an interpreter Where the counsel of the accused understands the language of the Court Where the accused waives the right of an interpreter Both a and b above None of the above 48. Criminal appeal from the Magistrate Court in Yobe State to the High Court is heard by Judge sitting alone with an assessor A judge sitting alone Two Judges Five Judges 49. A Magistrate in Niger State cannot try an offence punishable with life imprisonment because- It will amount to judicial rascality He cannot impose life imprisonment Only the High Court can try an indictable offence None of the above 50. A warrant of arrest lapses when- The issuing Magistrate dies When it is cancelled All of the above The alleged offender cannot be found 51. A High Court Judge is fully robed when- Trying a capital offence Trying a counsel Sitting on a public holiday None of the above 52. During a criminal trial who announces appearance first- The Judge The Police Officer The prosecution The Defence 53. Where is the witness box placed in the Court On the left hand side of the Judge On the right hand side of the Judge Opposite the Judge In front of the Judge 54. Pursuant to the jumping of bail by an accused person, the presiding Judge or magistrate will do one of the following Write a decisive judgment against the accuse Proceed with the case in spite of the absence of the accused Issue a bench warrant for the arrest of the accused person Give a ruling on the motion filed by the prosecutor 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: Make the same application to another Judge on good cause Apply to the Chief Judge of the state for a review of the order Appeal to the Court of Appeal State a case to the Court of Appeal 56. A criminal appeal will abate if the jailed appellant: Settles out of court Dies before hearing Abandons the appeal Serves out his term 57. The current rule on preferment of charges in the High Court of Kano State is: Criminal Procedure [Preferment of charges in the Hugh Court] Rules 1979 Criminal Procedure [Preferment of information in the High Court] Rules 1979 Criminal Procedure [Preferment of Indictment in the High Court] Rules 1979 Criminal Procedure [Filing of offences in the High Court] Rules 1979 58. When is charge said to have been preferred in the High Court under the CPC? The moment the law officer drafts his First Information Report (FIR) The moment the charge is drafted The moment the Court grants the law officer the leave sought The moment the cause list is prepared 59. Which of these statements is correct? There is no provision for caution and discharge under the CPA There is no provision for binding over the CPA There is no provision for conditional discharge under the CPAs There is no provision for compensation or restitution under the CPC 60. Which of these sentences is correct in the course of Judgment in a criminal case “I find the accused guilty of the charge and i convict him accordingly” I convict the accused of the charge because of his guilt” “I find the accuse guilty of the charge and convict him on the charge and he is guilty” “ I sentence the accused accordingly and he is also convicted” 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: Mixed law and fact Fact only Law alone All of the above 62. An accused in Borno State may in his defence opt to rectify from the dock if: No documents were tendered by the prosecution The trial is one on indictment A complaint preceded the charge None of the above 63. In an information containing five counts, the amendment of one of them mandates Taking pleas on the charges Taking a plea on the amended count Taking pleas on at least two of the charges Taking pleas on three of the charges 64. An appellant who fails to file his notice of appeal within the statutory period must: Bring a summons to apply for enlargement of time Bring an originating summons to apply for enlargement of time Bring a petition of rights to apply for enlargement of time Bring a motion to apply for enlargement of time 65. When may the Attorney General of the Federation enter a nolle prosequi to terminate proceedings at a special court martial? When one of the accused is a civilian When a Judge Advocate sits with the Court When the offence charged is a product of the National Assembly None of the above 66. Which of these statements is correct? When a person is charged with an offence, he may be convicted of an attempt to commit the offence When a person is charged with an offence, it will be illegal to convict him of an attempt to commit the offence When a person is charged with an attempt to commit an offence he may be convicted of committing the full offence None of the above 67. A prosecutor can appeal against all but one of the following: Where the sentence imposed is less than the minimum provided Where the sentence is grossly inadequate Where the Court had no jurisdiction All of the above 68. Which of the following is not a factor to be considered in an application for bail? The ability of the accused to produce the necessary sureties to fulfil the requirements of bail The nature of the offence The type of the offence The antecedents of the accused 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? 10 years 8 years 7 years 5 years 70. A High Court Judge can review another High Court Judge’s ruling on bail; When an application is made to the second judge for review When the second Judge takes over the case from the first judge Both (a) and (b) None of the above situations 71. Which of the following grounds of appeal is valid under the Criminal Procedure act but not valid under? That the trial Court had no jurisdiction That the sentence passed is excessive That the decision is erroneous That the Magistrate Court acted maliciously 72. The right of appeal is a creation of statute. Therefore, the right Must be provided for in a law Is normally at the discretion of the court Can be withheld by the attorney General Is contained in the OAU Charter 73. Every judgment of court under sec. 245 of CPA and Sec.269(1) of CPC shall contain the following: Point or points of defence witnesses as determined by counsel in his address. Point of reasons and discussions brought to the fore by the prosecuting counsel Point or points for determination on the decision and the reasoned for the decision Points of reason and advocacy of counsel revealed under cross examination 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: Give him a suspended sentence Give him bail pending his appeal Adjourn the case to consider sentence Sentence him to both imprisonment and fine 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 75. The plausible ground for the admissibility of the confessional statement should be: Regularity Voluntariness Promise None of the above 76. The trial judge should not have admitted the confessional statement without first Perusing the statement himself Interrogating the accused on the content of the statement Inviting a handwriting expert to ascertain whether the writing on the statement matches that of the accused Conducting a trial within trial to ascertain the voluntariness of the statement 77. The above scenario is not appropriate case where identification parade is required because There was no contact between the accused and the complainant at the time the crime was alleged to have been been committed The suspect is a notorious criminal The complainant is a next door neighbor of the suspect The scene of crime was poorly lit 78. The identification parade was irregular because the minimum number of persons required to be paraded at a time is 8 9 10 12 79. The objection of Mr. Jaja to the closing of the prosecution’s case without calling other witnesses was rightly overruled because The prosecution is required to called only one witness The prosecution is not required to call any particular number of witnesses The prosecution is not bound to comply with the Court’s order even if it sustained the objection None of the above 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 80. When an accused person does understand the language of the Court, it is the duty of the ……………… to inform the Court Prosecutor Defence Cousel Complainant Chief Judge 81. Fred Dogo pleading on behalf of Deji was Justified Wrong Right None of the above 82. The right of Deji to an interpreter at no cost is provided for in …………….. of the Constitution of the Federal Republic of Nigeria Section 36(6)(c) Section 36(6)(e) Section 36(6)(d) Section 36(6)(b) 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 83. What possible objection can Kalu aged 16 years raise to the jurisdiction of the High Court Enugu to try him for the offences: That he is a juvenile and triable only at the juvenile Court That he is not a competent and compellable accused person That only a magistrate Court can try him None of the above 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? Kalu is an adult and therefore subject to the jurisdiction of the High Court Kalu is a competent and compellable accused since he was arrested for the offences Kalu is being tried with adults for a capital offence Kalu’s objection is a technicality which the Court should reject 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? Objection to procedural jurisdiction Objection to substantive jurisdiction Objection to territorial jurisdiction All of the above 86. The statement obtained from John is: A confessional statement A voluntary statement A retracted statement A denied statement 87. The statement of John is …………………… in evidence against Jerry and Kalu Admissible Inadmissible Both a and b None of the above 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? Order the admission in evidence of the statement Order a trial within trial Order a retrial Reject the statement in evidence 89. Assuming John only denied making the statement and counsel for the defence objects to its admissibility, what possible order would the Court make? Admit the statement in evidence Reject the statement Order a trial within trial None of the above 90. If during the trial, the Court decided to visit the Spice Hotel, Enugu where Agaba was murdered, the Court is said to: Adjourn sitting Move the Court Visit the locus-in-quo Be looking for more suspects 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? Rule against ambiguity Rule against duplicity Rule against misjoinder of offences Rile against misjoinder of offences Jerry Igwe is arraigned in count two of the information with unlawful possession of cocaine. 92. Which Court has jurisdiction to entertain the charge? Magistrate Court Federal High Court National Industrial Court High Court of Enugu 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? Admissibility of evidence does not depend on how it was obtained Admissibility of evidence is not dependent on relevancy Illegally obtained evidence is admissible in evidence None of the above 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 94. The Court that has jurisdiction to try the offence is High Court Federal High Court National Industrial Court Upper Area Court 95. When Dayo pleaded not guilty by reason of insanity, the Court should have Sentenced him summarily Verified from the prosecutor the accused’s state of health Determined if the offence was committed and if the accused was insane at the time of committing the offence Entered a plea bargaining for the accused 96. The notice of appeal was rightly filed at the registry of the High Court True False Must be filed at the Federal High Court None of the above 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 97. From the above scenario, the accused is said to Have refused to plead Be unable to plead Have remained mute Have objected to the provision of interpreter 98. If from the scenario above, Lawal has refused to plead, the Court would Inquire into the cause of refusal Enter a plea of not guilty Enter a plea of guilty with reason None of the above 99. If from the scenario above, Lawal is unable to plead, the Court should Adjourn the matter Enter a plea of not guilty for him Enter a plea of guilty for him Provide him with another interpreter 100. If from the above scenario, Lawal is said to stand mute, the Court should Enter a plea of not guilty for him Adjourn the matter Enter a plea of guilty Inquire into the cause of muteness 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. Answer the following questions: 101. The Court that has competence to try the action is: Federal High Court High Court Industrial Court Sharia Court 102. The nolle prosequi entered by the state counsel is Invalid Valid Out dated None of the above 103. The effect of a valid nolle prosequi amount to A discharge An acquittal A conviction None of the above 104. The detention of Yusuf at the police custody was Lawful Unlawful Justified Wrong 105. The AG of Kano State requires the fiat of the AG Federation to sue in Court True False Require witness Require consent of Yusuf 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: 106. At what stage of the trial will he raise the issue of jurisdiction? Immediately after the accused persons take their plea Immediately the charge is read to the accused person but before they take their plea thereon Immediately the case is called by the registrar None of the above 107. If the objection of the defence counsel to jurisdiction succeeds, which of these courts will have jurisdiction? High Court of Imo State Magistrate Court, Imo state Court of Appeal Federal High Court 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 108-112 108. Identify which of the following officers that is not competent to sit on the General Court-martial trying Major Osagie Major Uche Captain Yemi Lt. Col Ahmed Col. Giwa 109. The proper composition of the General Court martial trying Major Osagie should be A president, four members, a waiting member a liaison officer and a judge advocate A president, two members, awaiting member, a liaison officer and a judge advocate A president, three members, awaiting member, a liaison officer and a judge advocate A president, one member, awaiting member, a liaison officer and a judge advocate 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 One year Two years There years Six months 111. The Rules of Practice and Procedure applicable in Court Martials in Nigeria is The Criminal Procedure Code The Criminal Procedure Act The Civil Procedure Rules of Lagos State, 2004 The Civil Procedure Rules of FCT Abuja, 2004 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 The High Court The Federal High Court The Court of Appeal Court Martial Appeal Tribunal 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. Answer the following questions: 113. The Court lacked jurisdiction to entertain the case because It was not the proper forum The activities of the militants require a political solution The case was statute barred, prosecution of it having not begun within two years The Joint Task Force should have killed the militants 114. Lumping all the overt acts in one count could be allowed because It offends the rule against duplicity It offends the rule against ambiguity It is an exception to the rule against misjoinder of offences It is an exception to the rule against duplicity 115. The failure to explain the charge to the accused persons could result in the conviction and sentence being quashed on appeal if The justices of the Court of Appeal are learnt to human and environmental rights activists The militants understand the language of the Court The militants do not understand the Nigerian Law The failure occasioned miscarriage of justice 116. A joint notice of appeal is allowed where The appellants have identical interest in the appeal One of the appellants is insane One of the appellants is in custody and cannot be easily located None of the above 117. A lawyer can sign a notice of appeal for appellants in one of the following circumstance They are convicted and sentenced to life imprisonment They are insane They jointly committed an offence All of the above 118. The Court of Appeal rightly struck out the appeal because The appellants filed a long instead of brief arguments They did not obtain the leave of the Court The appellants argued their grounds of appeal instead of issues fro determination None of the above 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 119. The scenario reveals that the Investigating Police Officer Were not diligent and thorough in their investigation Did a good job by extracting a confessional statement from Timi upon which the Court can convict him Did not have time and resources to go for forensic test None of the above 120. Inspector Yuwa is a competent authority to issue Search warrant Warrant of arrest Both a and b None of the above 121. Bail is ……………… Not granted in capital offences Granted in capital offences if the accused applicant is sick Granted in capital offences upon proof of special circumstance Granted as a matter of course in capital offences 122. The blood-stained knife could be admitted in evidence on the ground of Legally obtained evidence Illegally obtained evidence Relevance to the trial All of the above 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 Answer the following questions 123. When Mr. Brown stood mute, the Court should have Entered a plea of not-guilty for him Detained him until the pleasure of the Governor is known Ordered him to plead to the charge Investigate the cause of his muteness 124. The testimony of the 2nd prosecution witness Is not admissible Will be given less weight by the Court Requires corroboration None of the above 125. A no-case submission is to the effect that The prosecution has not proved its case beyond reasonable doubt The prosecution has not proved its case on the balance of probabilities The prosecution has not established a prima facie case against the accused None of the above 126. The defence should only rest its case on that of the prosecution With the leave of Court If the case of the defence is very weak If the case of the prosecution is very weak If the no-case submission is overruled 127. Upon conviction, the accused Was rightly sentenced to death Should have been sentenced to haddi lashing Can only be sentenced to imprisonment None of the above 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. Answer the following questions 128. The fake international passports found in Miss Favour’s handbag are Not subject of the search and therefore not admissible in evidence Admissible though not object of search Not relevant to the case at hand, therefore not admissible Relevant but not admissible because of the way and manner they were obtained. 129. The police officers in carrying out the search contravened Miss Favour’s fundamental right they did one of the following Searched her person Searched the premises, her person and her handbag Searched her handbag only Searched her premises only 130. Assuming you are counsel to Miss Favour, what is the first thing you will do upon being briefed of her case? Appeal against her unlawful detention for 10 days Sue the police for carrying out a search on her person contrary to laid down rules Challenge the carting away of the items which were not subject matter of the search Apply for police bail for the release of the suspects from custody 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. Answer the following questions 131. The trial Magistrate should have …………….. when the accused person stood mute when they were called upon to plead to the charge Record a plea of not guilty by reason of insanity Find out the cause of their muteness Sent them to prison custody until the pleasure of the Governor of Kwara State is known Sent them to a lunatic asylum 132. The appeal of the accused person to the Court of Appeal is improper beacause Appeal against the decision of the Magistrate’s Court lies to the Supreme Court Appeal against the decision of the Magistrate’s Court lies to the Federal High Court Appeal against the decision of the Magistrate’s Court lies to the High Court Appeal against the decision of the Magistrate’s Court lies to the National Industrial Court 133. Since Segun failed to take any further step in the appeal after filing his notice of appeal, he will be deemed to have Abandoned his appeal Consolidated his appeal with that of Ore Applied for a stay of execution of the sentence the Magistrate imposed on him None of the above 134. The Period within which appellant must file his brief of argument under the new 2011 Court of Appeal Rules is 30 days from the date of receiving the record of proceedings from the lower Court 45 days from the date of receiving the record of proceedings from the lower Court
