NIGERIA LAW SCHOOL 2011/2012

MULTIPLE CHOICE QUESTIONS

CRIMINAL LITIGATION

1. The authority of the Customary (a) Coroners Law

Court to try criminal matters is (b) Court Martial Act
drawn from (c) Children and Young Person’s
Law
(a) Section 36(1) of the 1999 (d) Armed Forces Act
Constitution
(b) Section 36(3) of the 1999 6. The proper time to execute a
Constitution search warrant under Section 111
(c) Section 36(9) of the 1999 of the CPA is between
Constitution
(d) Section 36(12) of the 1999 (a) 8am – 5pm
Constitution (b) 5pm – 8am
(c) 5am – 8pm
2. The maximum punishment that can (d) 8pm – 5am
be imposed by an Upper Area Court
is 7. The Principal sources of Criminal
Procedure laws in Nigeria include
(a) Seven years imprisonment the following except
(b) Fourteen years imprisonment
(c) Twenty one years imprisonment (a) Criminal Code
(d) Unlimited except death penalty (b) Administration of Criminal
Justice Law
3. Which of these is untrue about (c) Coroners Law
warrant of arrest under the CPA (d) Criminal Procedure Code

(a) It must be in writing 8. Under the Magistrate Court Law of

(b) It can be issued by a Superior Lagos 2009, the following grades of
Police Officer Magistrate Courts exist in Lagos
(c) There must be a complaint on
oath (a) Seven
(d) It must be sealed (b) Six
(c) Five
4. The requirement that search of a (d) None
woman shall be with strict regard
to decency can be found in
9. The Police Officer authorized to
(a) Section 43(1) and 82 CPC issue a search warrant in certain
(b) Section 82 CPC circumstances must have attained
(c) Section 44(1) and 82 CPC the rank of
(d) Section 81 CPA
(a) Cadet Asst. Superintendent of
5. The Law regulating the jurisdiction, Police
practice and procedure of Court (b) Asst. Superintendent of Police
Martial is (c) Inspector
(d) Cadet Inspector

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 (b) The Magistrate will be
10. A Warrant of arrest cannot be sanctioned
lawfully executed in the following (c) The trial will be overturned on
places except appeal
(d) The sentence shall be reduced
(a) A Court in Session on appeal
(b) Parliamentary House without
the authority of the Head of the 15. The effect of an illegal arrest is that
House it
(c) A Court
(d) None of the above (a) Nullifies the trial
(b) It is of no moment as regards
11. Under the Criminal Procedure Act, the jurisdiction of the Court
in the event of a lacuna, recourse (c) It is an irregularity that cannot
is had to the practice and be corrected
procedure applicable in the English (d) It attaches to the jurisdiction of
High Court by the provision of the Court

(a) Section 35 16. The right to legal representation

(b) Section 365 was upheld in the case of
(c) Section 363
(d) Section 36 (a) Akija v Tiv Native Authority
(b) Jos Native Authority v. Allah Na
12. The appropriate procedure to Gani
compel the attendance of a person (c) Uzodinma v COP
to answer to a misdemeanor in (d) Alabi v COP
Court
17. High Courts in the North have no
(a) Warrant jurisdiction over the following
(b) Arrest offences except
(c) Summons
(d) Writ (a) All offences contained in
Column Six of Appendix A to
the CPA
(b) All offences in respect of which
13. If any premises sought to be jurisdiction is expressly
searched is actually occupied by a conferred on the Federal High
woman in purdah, the person Courts
making the search shall give her (c) Appeals from decisions of
notice to withdraw. That is the gist Magistrate Courts
of (d) All indictable offences
contained in an Information.
(a) Section 78 CPA
(b) Section 79 CPA 18. In the Magistrate Court in the
(c) Section 78 CPC North, there is a distinction
(d) None of the above between jurisdiction to try offences
and jurisdiction to impose
14. Where the aggregate or the sum punishment.
total of the consecutive sentences
imposed by a Magistrate Court (a) True
exceeds its jurisdiction to punish (b) False
under the MCL (c) Partially
(d) None of the above.
(a) The entire trial is a nullity
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19. As a general rule in Section 14 (a) The sum total of the
Evidence Act, illegally obtained consecutive sentences must
evidence is not exceed the limit of the
Magistrate Court to impose
(a) Admissible penalty
(b) Inadmissible (b) The sum total of the
(c) Discretional consecutive sentences must be
(d) None of the above twice the limit of the Magistrate
Court to impose penalty
20. A belligerent way of obtaining (c) The sum total of the
information from a suspect is consecutive sentences must
not be more than twice the limit
(a) Arrest of the Magistrate Court to
(b) Interview impose penalty
(c) Summons (d) All of the above
(d) Interrogation 24. In the Evidence Act 2011, the
definition of voluntary confession
can be found in

(a) Section 27 (2)

21. Under Section 15 of the Area Court (b) Section 28
Edict, the Court shall have (c) Section 29
jurisdiction over the following (d) None of the above
persons except
(a) Any persons who resides or 25. Which of these Constitutional rights
carries on business in Northern is not available at the Police Station
Nigeria (a) Right to Bail
(b) Any person whose parents were (b) Right to Counsel of One’s
members of any tribe Choice
indigenous to some parts of (c) Right to dignity of human
Africa and the descendants of person
such a person (d) Right to Fair Trial
(c) Any person one of whose
parents was a member of a 26. Practice and Procedure in the
tribe whose tribe is indigenous Federal High Court Lagos is
to some parts of Africa. regulated by
(d) Any person who consents to be (a) Criminal Procedure Act
tried by an Area Court (b) Criminal Procedure Code
(c) Administration of Criminal
22. The following is true about the Justice Law Lagos
Judges Rule except (d) Criminal Procedure Law Lagos
(a) It was formulated in England in
1912 27. The following is true about
(b) It is applied only in the Superior Identification Parade except
Courts (a) The authority for its
(c) It does not have a binding admissibility is Section 7 (a)
effect Evidence Act 2011
(d) None of the above (b) It is mandatory in all
circumstances where the
23. Under the CPC, where a Magistrate identity of a suspect is in issue
Court convicts a person of more (c) It is necessary only when the
than one offence and imposes identity of the offender is in
consecutive sentences doubt

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 (d) It must be take place in the (c) The Courts can impose
Police Station consecutive sentences of twice
the maximum limits
28. Criminal Proceedings cannot be (d) None of the above
commenced by 33. Which of the following exercises of
powers is invalid
(a) The Judiciary
(b) The Attorney General (a) Nolle Prosequi entered by the
(c) Special prosecutors Attorney General in the trial of
(d) Private persons his personal friend.
29. The test to be applied in (b) Proceedings commenced by a
considering whether evidence is Pupil State Counsel two months
admissible is whether it is relevant after the Attorney General was
to the matters in issue. If it is removed from office.
relevant, it is admissible. So the (c) Power of discontinuance
Court held in entered orally by the Solicitor
General of the State in person
(a) Abacha v The State (d) Proceedings taken over by the
(b) Kuruma v Regina Attorney General from the EFCC
(c) Uzodinma v COP in a matter, the EFCC clearly
(d) Ibeziakor v COP had powers to commence.

30. Which of these chronicles the items 34. The Prosecutorial powers of the
seized from one suspect or Attorney General are provided
different suspects in relation to one under
case (a) Sections 174 and 188 1999
(a) Exhibit Room CFRN
(b) Exhibit Keeper (b) Sections 83 and 174 1999
(c) Exhibit List CFRN
(d) Exhibit Diary (c) Sections 174 and 211 1999
CFRN Morris
31. The Prosecutorial powers of the (d) Sections 150 and 195 1999
Police was reinforced by the CFRN
Supreme Court in the case of
(a) Anyebe v The State 35. In the North, Area Courts replaced
(b) Uzodinma v COP the former
(c) Ibeziakor v Police
(d) FRN v Osahon (a) Sharia Courts
(b) District Courts
32. Which of these is common to the (c) Native Courts
CPA and the CPC as regards (d) Customary Courts
Magistrate Courts
(a) The Courts can both refer a 36. The Attorney General of the State
case to a higher court for can only prosecute the following
penalty if it is of the opinion offences with the fiat of the
that the sentence he has Attorney General of the Federation
jurisdiction to impose cannot except
adequately punish the (a) Treason and Treasonable
convicted person Felonies
(b) There is a clear distinction (b) Armed Robbery under the
between the jurisdiction to try Firearms Act
an offence and jurisdiction to (c) All Federal Offences
impose punishment (d) None of the above

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37. Identification parade is not (c) Any non-indictable offence
necessary in the following cases brought by complaints
except where (d) Appeals from decisions of Area
(a) the offender is apprehended at Courts
the scene of the crime or
pursued immediately thereafter 42. The member of a Court Martial who
and apprehended must be a qualified legal
(b) the defence alibi has been put practitioner is the
forward by the suspect but (a) President
dispelled by the prosecution (b) Liaison Officer
(c) the accused person, by his own (c) Judge Advocate
cogent, confessional statement (d) Waiting member
identified himself as the culprit
(d) None of the above 43. The membership of a Special Court
Martial includes the following
38. Which of these phrases best except
describes a nolle prosequi (a) The President
(a) An end to criminal proceedings (b) Not less than 4 members
(b) An unconditional termination (c) A Waiting Member
and acquittal of an accused (d) A Judge Advocate
person
(c) A stay of execution of a criminal 44. Which of these is not one of the
sentence elements of the defence of alibi
(d) A suspension of criminal (a) It can be raised at any time of
proceedings resulting in the the proceedings before
mere discharge of an accused judgment
person (b) It raises an evidential burden
on the defence to supply
39. Juvenile Courts’ jurisdiction over particulars of his whereabouts
young person does not extend to (c) The general burden of proof
the following except remains on the prosecution
(a) where the child or young (d) None of the above
person is charged with an
offence, which is punishable by 45. Which of these Courts does not
the death penalty. have appellate criminal jurisdiction
(b) Where the young person is (a) High Court
jointly charged with an adult (b) Upper Area Court
(c) Where the young person elects (c) Magistrate Court
to be tried by a regular court (d) None of the above
(d) None of the above
46. Customary Courts have original
40. Courts of Special Criminal criminal jurisdiction in respect of
Jurisdiction does not include the following offences except
(a) Federal High Court (a) Cases of violations of bye-laws
(b) Juvenile Court (b) Offences for which jurisdiction
(c) Coroners Court is expressly conferred on them
(d) Customary Court by law
(c) Contempt committed outside
41. High Courts in the South does not the face of court
have jurisdiction over (d) None of the above
(a) All indictable offences
contained in an information 47. Which of these Courts does not
(b) All non-indictable offences have original criminal jurisdiction

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(a) High Court (b) Indictable offences or a
(b) Upper Area Court Combination of Indictable and Non
(c) Court of Appeal Indictable Offences
(d) None of the above (c) Only Non Indictable
Offences
48. One of the following is incorrect as (d) None of the above
regards the limitation period to
institute criminal proceedings 54. The requirement that search of a
woman shall be with strict regard
(a) Sedition - six months to decency can be found in
(b) Treason – two years
(c) Having carnal knowledge of a (a) Section 44(1) and 82 CPC
girl under 16 – three months (b) Section 43(1) and 82 CPA
(d) Custom Offences – seven years (c) Section 43(1) and 82 CPC
(d) Section 44(1) and 82 CPA
49. The Attorney General cannot enter
a nolle prosequi in the following 55. The condition precedent for filing
Courts except an Information in the High Court is

(a) Coroners Court (a) Charge Sheet

(b) Court Martial (b) Consent of Court
(c) Juvenile Court (c) Pleadings
(d) All of the above (d) Plea Bargaining

50. Under the CPA, a search warrant 56. The procedure for bringing an
may not be executed on a Information under the CPA is that it
shall be
(a) Sunday (a) In writing
(b) Saturday (b) On oath
(c) Public Holiday (c) By affidavit
(d) None of the above (d) Silent
51. The right of appearance of Counsel
was the gist of the case of 57. Which of these is not a required to
accompany an application for
(a) Osahon v FRN consent
(b) COP v Ibeziako
(c) Uzodinma v COP (a) A copy of the proposed charge
(d) COP v Okpegboro (b) An affidavit by the applicant if
brought by the AG
52. Which of these cases emphasized (c) Unedited statement of the accused
the overriding powers of the (d) Previous applications where
Attorney General to institute applicable
proceedings in any Court in Nigeria
58. In the case of Abacha v The State,
(a) Emelogu v State the Court accepted the following
(b) Abacha v State means of applying for consent
(c) State v Aigbangbee
(d) State v Okpegboro (a) An ordinary letter
(b) Complaint on oath
53. Offences are instituted by (c) Statement and affidavit
Information before a High Court in (d) None of the above
the case of
59. Which of the following statement is
(a) Only Indictable offences correct

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(a) Application for Consent is made to 64. The option available to the Court
the Judge where the complainant is absent in
(b) Application for consent is made to Court does not include
the Court
(c) Application for Consent is made to (a) To dismiss the charge
the Registrar of Court (b) To discharge the accused person
(d) Application for Consent is made to (c) To acquit the accused person
the Chief Judge (d) To adjourn the hearing to some
future date
60. Application for consent is no longer 65. Where a no case submission is
required in overruled, the option available to
an accused is
(a) Kano State
(b) Abia State
(a) Rest his case on that of the
(c) Abuja FCT
prosecution
(d) Lagos State
(b) Enter into his defence
(c) Keep silent
61. The condition for the successful
(d) All of the above
plea of no case submission is based
on
66. Which of these is not a technique
on cross examination
(a) Section 286 CPA
(a) Probing
(b) Section 191 CPC
(b) Direct
(c) Section 243 ACJL
(c) Confrontational
(d) None of the above.
(d) Insinuation
62. If a no case submission is wrongly
67. The first step for the Court to take
overruled and the accused
after a plea of not guilty by reason
participates in the proceedings and
of insanity is to determine whether
supplies evidence incriminating
him and is thereby convicted
(a) The accused was insane at the
time of committing the offence
(a) The conviction is valid
(b) The accused was sane at the time
(b) The conviction will be set aside
of committing the offence
(c) The no case submission ruling will
(c) The accused did commit the
be reversed on appeal
offence
(d) The Judge will be queried
(d) The accused was insane at the
time of the trial
63. The following are untrue about
refreshing memory under the
68. The provision of Plea bargaining
Evidence Act
can be found in the
(a) Time is not of the essence
(a) EFCC Act
(b) The time in question relates to the
(b) ACJL Lagos
time between when the document
(c) All of the above
was prepared and when it was
(d) None of the above
sought to be used to refresh the
memory of the witness
69. Charge is defined in
(c) The document may have prepared
by another person
(a) Section 1 (2) CPA
(d) A witness cannot testify to the
(b) Section 2 (1) CPA
facts in the document if he has no
(c) Section 2 CPC
specific recollection of the facts
(d) Section 200 CPC

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 (a) It is an infraction of the
constitutional right of the accused
70. The procedure for the conduct of a persons to conduct a trial in their
valid arraignment not include absence
(b) It is not mandatory for the accused
(a) The accused must be placed before persons to be present at their trial
the court unfettered (c) Since there was no miscarriage of
(b) The charge is read and explained justice, the absence of the accused
to the accused in a language he persons at the locus was an
understands irregularity that did not vitiate the
(c) The accused must plead instantly proceedings
to the charge (d) None of the above
(d) The plea of the accused is recorded
instantly 75. An accused person is presumed
innocent until proven guilty. That is
71. The proper process to apply for bail the gist of
of an accused pending trial is by
(a) Section 36(1) 1999 CFRN
(a) Motion on notice (b) Section 36(4) 1999 CFRN
(b) Motion ex parte (c) Section 36(5) 1999 CFRN
(c) Originating Motion (d) Section 36(9) 1999 CFRN
(d) Summons
76. The effect of upholding a no case
72. In Youngman v COP the conviction submission is
of the accused person was set
aside because (a) Nullifies the trial
(b) A mere discharge
(a) The charge was defective (c) Discharge and acquittal
(b) A fresh plea was not taken after (d) Acquittal without discharge
amendment of the charge
(c) The right to fair hearing was 77. Which of these case relates to
breached grounds for grant of bail
(d) The accused had already served
the punishment while awaiting trial (a) Anyebe v The State
(b) Abacha v Fawehinmi
73. Bail can be applied for simply in (c) Ibeziakor v Police
writing (d) Dantata v State

(a) Before the Magistrate Court

(b) Before the High Court
(c) Before the Court of Appeal 78. A shop attendant was accused of
(d) At the Police Station stealing goods worth N250,000
from a store on seventeen
occasions over a period of three
months and charged in one count.

74. Which of these is the accurate (a) The charge is bad for misjoinder of
reflection of the decision in offences
Adunfe v IGP where the trial court (b) The charge is bad for duplicity
conducted a visit to the locus in (c) The charge is not bad as it relates
quo in the absence of the accused to general deficiency of money
persons (d) It is not certain that the accused
even stole the goods

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79. The right of an accused person not
to be compelled to give evidence is (a) Appealing against the conviction
found in but not the penalty
(b) Appealing against the penalty but
(a) Section 36 (9) 1999 CFRN not the conviction
(b) Section 36 (10) 1999 CFRN (c) Challenging the conviction on the
(c) Section 36 (11) 1999 CFRN ground of infringing the right to be
(d) Section 36 (12) 1999 CFRN tried only for an offence known to
law
80. In the Magistrate Court in the (d) All of the above
North, the charge does not contain
85. In the Evidence Act 2011, it is
(a) Introductory part expressly provided that the Court is
(b) Direction part under obligation to refuse the
(c) Particulars of offence following questions in cross
(d) Date of commission of the offence examination except questions that
are
81. Where an accused person was
given the opportunity of present (a) Indecent or scandalous
his case and he failed to avail (b) Intended to annoy
himself, he cannot be heard (c) Intended to insult
complaining of breach fair hearing. (d) Needlessly offensive in form
So the Court held in

(a) COP v Adamu 86. Which of these is not an accurate

(b) R v Agie reflection of the position of the law
(c) NBA v Akintokun
(d) Akabueze v FRN (a) The Court can suo motu discharge
an accused person without an
application for no case to answer
(b) The Prosecution can in some
82. The power of a Court to call or instances be allowed to call
recall witnesses suo motu for the witnesses even after the close of
just determination of a case is the case of the Defence
referred to as (c) The only option available to the
Defence at the close of the
(a) Ex improviso rule prosecution’s case is to enter into
(b) Visit to locus in quo his defence
(c) Subpoena ad testificandum (d) None of the above
(d) None of the above

83. A Judge is enjoined to be brief 87. The rule that the length of a ruling
when on a no case submission alone
does not invalidate the ruling was
(a) Upholding a no case submission laid down in
(b) Overruling a no case submission
(c) Fettering his discretion (a) Ekanem v R
(d) None of the above (b) Ibeziakor v COP
(c) Emedo v State
84. A person charged with the (d) Atano v AG Bendel
commission of an offence which is
defined by law but for which no 88. The following post amendment
offence is prescribed, and who is procedure may not be waived
convicted has the option of except
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 94. The process used to compel the
(a) The right to call or recall witnesses presence of witnesses before
(b) Reading the new charge to the Magistrate Courts is
accused and taking a fresh plea
(c) Endorsement of amendment note (a) Subpoena ad testificandum
on the charge (b) Subpoena duces tecum
(d) None of the above (c) Witness summons
(d) All of the above
89. A tabular or diagrammatic
illustration of the practical
approach to employed in the
prosecution of a criminal trial is 95. When in the course of an
arraignment, an accused refuses to
(a) Theory of the case plead to the charge read or keeps
(b) Evidence of the prosecution mute
(c) Trial advocacy
(d) Trial plan (a) The Court may commit him for
contempt
90. The case of COP v Olaopa relates (b) The Court must enter a plea of not
to guilty for him
(c) The Court can go ahead to convict
(a) Ex improviso rule him
(b) No case submission (d) The Court may investigate the
(c) Meaning of an accomplice cause of his refusal or muteness
(d) Visit to locus in quo
96. The case of Ajayi v Zaria Native
91. Special circumstances must be Authority relates to the question
shown in an application for bail of

(a) At the Police Station (a) Right to counsel of one’s choice

(b) In capital offences at the (b) Right to presumption of innocence
Magistrate Court (c) Competence of interpreter
(c) Pending trial at the High Court (d) Right to be tried for an offence
(d) Pending appeal known to law

92. A charge containing the offence of 97. A charge that omits to state the
demanding and receiving stolen section of the law contravened is
property is
(a) Bad for duplicity
(a) Bad for duplicity (b) Bad for ambiguity
(b) Bad for ambiguity (c) Bad for misjoinder of offences
(c) Bad for misjoinder of offences (d) Bad for misjoinder of offences
(d) Bad for misjoinder of offences
98. Where an accused person pleads
93. When the prosecution has proved guilty to a charge and then states
an essential ingredient of the that the offence was committed
offence charged out of mistake, the proper plea to
record
(a) A no case submission is upheld
(b) The accused is convicted (a) Guilty
(c) The accused is called upon to make (b) Not guilty
some explanation (c) Guilty by reason of mistake
(d) The accused is discharged (d) Not guilty by reason of mistake

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99. Where a Court fails to accede to
the request of the Defence for
adjournment. It may amount to a
breach of the constitutional

(a) Right to Counsel

(b) Right to adequate time and
facilities
(c) Right of adjournment
(d) Right to fair hearing in public

100. The right to counsel is

constitutional right provided for
under

(a) Section 36(6)(a) 1999 CFRN

(b) Section 36 (6)(b) 1999 CFRN
(c) Section 36 (6)(c) 1999 CFRN
(d) Section 36 (6)(d) 1999 CFRN

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