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MCQ V Part 1

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0% found this document useful (0 votes)
4 views67 pages

MCQ V Part 1

Uploaded by

Ayodeji Victor
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Block 1: General Principles & Sources (Q1–Q30)

Q1. For an act or omission to constitute an offence in Nigeria, it must be:


A. Contrary to natural justice
B. A crime in a written law
C. Against morality
D. Prohibited under customary law
Answer: B

Q2. Section 36(12) CFRN 1999 provides that:


A. No one shall be held guilty of a criminal offence unless defined and penalized in a written law
B. All crimes must be punished by imprisonment
C. Customary law offences are automatically recognized
D. The National Assembly cannot create new offences
Answer: A

Q3. Under Section 2 of the Criminal Code, an offence is defined as:


A. An act punishable by fine only
B. An act or omission prohibited by law and punishable upon conviction
C. Any conduct contrary to morality
D. A civil wrong that offends public policy
Answer: B

Q4. In Aoko v Fagbemi, the Supreme Court held that:


A. Adultery under customary law is an offence under the Criminal Code
B. No one can be convicted of a non-written law offence
C. Customary law overrides criminal law
D. Offences may exist even if unwritten
Answer: B

Q5. The principal enactment guiding Criminal Litigation in Nigeria includes all EXCEPT:
A. ACJA 2015
B. ACJL Lagos 2021 (Amended)
C. Penal Code 1960
D. Evidence Act 2011
Answer: D

Q6. The ACJL Lagos 2021 provides that where there is a lacuna in procedure, the court shall:
A. Apply English Rules
B. Adopt such procedure to do substantial justice
C. Strike out the matter
D. Refer to Supreme Court practice directions
Answer: B

Q7. Which case confirmed that English rules apply to bail applications in lacuna situations?
A. FRN v Ibori
B. Simidele v COP
C. Achadu v The State
D. Ejigbo v State
Answer: B

Q8. In FRN v Ibori, the Court of Appeal condemned:


A. Bail refusal by Magistrate Courts
B. Forum shopping in criminal trials
C. Non-compliance with arraignment procedure
D. Admissibility of confessional statements
Answer: B

Q9. Which of these is NOT a court of original criminal jurisdiction?


A. Customary Court
B. Area Court
C. Magistrate Court
D. Court of Appeal
Answer: D

Q10. Which of these qualifies as a court of special criminal jurisdiction?


A. Magistrate Court
B. Court Martial
C. Sharia Court
D. Customary Court
Answer: B

Q11. Proceedings conducted on a Sunday are:


A. Voidable if challenged
B. Invalid, null and void
C. Valid if consented by parties
D. Valid only in criminal cases
Answer: B
Q12. Exception to the rule against court sittings on public holidays include:
A. Agreement of parties
B. Statutory authorization (e.g. election petitions)
C. Application by SANs
D. All of the above
Answer: D

Q13. Section 36(4) CFRN provides that criminal trials must be:
A. Conducted in private
B. Conducted in open court
C. Conducted in writing
D. Conducted in chambers
Answer: B

Q14. Which of the following is NOT an exception to public trial requirement?


A. Public safety
B. Morality of a minor witness
C. Consent of parties
D. National security
Answer: C

Q15. In Ejigbo v State, the court held that arraignment:


A. Can be done in chambers
B. Must be held in public
C. May be dispensed with if consented
D. Is irrelevant to trial validity
Answer: B
Q16. In Oviasu v Oviasu, the court defined a “public” as:
A. Anywhere in the open air
B. A place with unfettered ingress and egress to the public
C. The courthouse only
D. Parliament or state assembly
Answer: B

Q17. The elevated platform where judges sit in court is called:


A. The bar
B. The bench
C. The dock
D. The witness box
Answer: B

Q18. In Nigerian Superior Courts, the front row of the bar is reserved for:
A. Judges
B. Registrars
C. SANs and Attorneys General
D. Witnesses
Answer: C

Q19. The dock is:


A. Where lawyers sit
B. Where the accused stands during trial
C. Where SANs sit
D. Where the registrar operates
Answer: B

Q20. Testimony from the dock carries:


A. Equal weight as witness box
B. No weight in law
C. Low probative value
D. More weight than sworn evidence
Answer: C

Q21. The legal effect of proceedings conducted with accused in the gallery instead of the dock is:
A. Null and void
B. Valid if no miscarriage of justice
C. Automatically unconstitutional
D. Cannot be cured on appeal
Answer: B

Q22. Which of these is TRUE?


A. A witness may leave the box whenever tired
B. Only the court can discharge a witness
C. Witnesses must sit with lawyers
D. Witnesses may testify from the gallery
Answer: B

Q23. Lawyers in Magistrate Courts:


A. Must appear robed
B. May appear in suits without wigs/gowns
C. Must wear traditional attire
D. Can wear casual clothes
Answer: B

Q24. By Section 349 ACJL Lagos, a Magistrate is addressed as:


A. My Lord
B. My Learned Worship
C. Your Honour
D. Justice
Answer: C

Q25. The three ways to secure the appearance of a defendant are:


A. Arrest, warrant, injunction
B. Summons, warrant of arrest, arrest without warrant
C. Complaint, summons, warrant
D. Police invitation, summons, caution
Answer: B

Q26. Summons must generally be served:


A. By bailiffs only
B. Personally on the defendant
C. By publication in newspapers
D. By email notice
Answer: B

Q27. Under ACJL Lagos, a summons may be served by:


A. Police officers
B. Court officers
C. Courier companies registered with the CJ
D. All of the above
Answer: D

Q28. Summons cannot be served in:


A. A private residence
B. A workplace
C. A legislative chamber
D. The gallery of a court
Answer: C

Q29. The lifespan of a summons is:


A. 30 days
B. 90 days
C. Until executed or cancelled
D. 7 years
Answer: C

Q30. The legal effect of the death of the issuing authority on a summons is:
A. It automatically lapses
B. It remains valid
C. It must be re-issued by a successor
D. It becomes voidable
Answer: B

Q31. Which of the following is the lifespan of a summons under ACJL and ACJA?
A. 30 days from issuance
B. Until it is executed or cancelled
C. 90 days, renewable by the court
D. Expires on death of issuing magistrate
Answer: B

Q32. What is the legal effect of the death or retirement of the magistrate who issued a summons?
A. The summons becomes invalid
B. The summons remains valid and enforceable
C. The summons must be re-issued
D. The summons converts into a warrant
Answer: B

Q33. Under Section 23(a) of the Legislative Houses (Powers & Privileges) Act 2017, summons
cannot be served:
A. On a sitting Governor
B. Within a legislative chamber or precinct
C. On a judge in chambers
D. On SANs while in court
Answer: B

Q34. In which of the following cases can substituted service of a summons be effected?
A. Where defendant evades personal service
B. Where defendant is abroad
C. Where defendant is in prison custody
D. Only by leave of Supreme Court
Answer: A
Q35. According to Section 129 ACJA, a person who refuses to sign acknowledgement of
summons may:
A. Be fined only
B. Be detained or imprisoned for 40 days
C. Have the case struck out
D. Escape liability completely
Answer: B

Q36. Under ACJL Kano, the attendance of a defendant may be dispensed with IF:
A. The counsel pleads guilty on his behalf
B. The defendant has travelled abroad
C. The police fails to produce him
D. The registrar consents
Answer: A

Q37. What is the effect of failure of a defendant to appear in court after being duly served with
summons?
A. Case must be struck out
B. Court may issue a warrant for his arrest
C. Defendant is fined automatically
D. Prosecution is discontinued
Answer: B

Q38. Public summons applies ONLY in:


A. Southern Nigeria
B. Northern Nigeria
C. Lagos State
D. The Supreme Court
Answer: B

Q39. Which of the following best defines a warrant of arrest?


A. A verbal order to apprehend a suspect
B. Authority in writing issued by a court empowering an officer to arrest a named offender
C. Order by police commissioner to arrest
D. Any arrest made without warrant
Answer: B

Q40. A warrant of arrest must be procured on:


A. Oral complaint
B. Oath
C. Written police report only
D. Consent of prosecutor
Answer: B

Q41. Which of the following cannot issue a warrant of arrest?


A. Magistrate
B. High Court Judge
C. National Assembly (in limited cases)
D. Senior Advocate of Nigeria
Answer: D

Alright 👍 Let’s continue carefully from Question 41, making sure each one is tricky and exam-
standard.
---

Block 3 (Q41–Q70)

Q41. Which of the following cannot issue a warrant of arrest?


A. Magistrate
B. High Court Judge
C. National Assembly (in limited cases)
D. Senior Advocate of Nigeria
Answer: D

Q42. The difference between a summons and a warrant is that:


A. Both are directed to the accused
B. Summons is directed to the accused, warrant is directed to police/officers
C. Summons is verbal, warrant is written
D. Summons is civil, warrant is criminal
Answer: B

Q43. Once executed, a warrant of arrest:


A. Lapses and cannot be used again
B. Remains valid for 7 years
C. May be used for any other suspect
D. Is valid until renewed by issuing judge
Answer: A

Q44. Which case confirmed that a warrant can only be used once?
A. Ejigbo v State
B. R v Akinyeju
C. FRN v Ibori
D. Bank of England v Vagliano Bros
Answer: B

Q45. The effect of death or retirement of the issuing authority on a warrant is that:
A. Warrant is invalidated immediately
B. Warrant remains valid until executed or cancelled
C. Warrant must be endorsed afresh within 7 days
D. Warrant converts to summons
Answer: B

Q46. Which of the following places is a warrant of arrest NOT executable?


A. At the suspect’s workplace
B. In a courtroom during proceedings
C. In suspect’s house at night
D. On a Sunday
Answer: B

Q47. Section 47 ACJA provides that a warrant issued by the Federal High Court:
A. Can be executed only within FCT
B. Can be executed anywhere in Nigeria
C. Must be endorsed by the Supreme Court before enforcement
D. Can only be executed by the EFCC
Answer: B
Q48. In Police v Apampa, the court held that endorsement of a warrant should be refused where:
A. The offence is not known to law in the issuing state
B. The suspect is a foreigner
C. The magistrate dislikes the accused
D. The offence occurred outside Nigeria
Answer: A

Q49. Where a warrant is not endorsed before transfer of arrestee across states, the defect is:
A. Fatal and nullifies proceedings
B. Mere procedural irregularity unless miscarriage of justice occurs
C. Grounds for automatic discharge of accused
D. Excused by police discretion
Answer: B

Q50. What is the effect of irregularity in warrant or arrest procedure on trial?


A. Trial is void and must be struck out
B. Trial continues unaffected unless miscarriage of justice is shown
C. Prosecution is discontinued automatically
D. Defendant is entitled to immediate acquittal
Answer: B

Q51. Public summons under ACJA may be issued by:


A. SAN or Attorney General
B. Magistrate, Judge, or Area Court Judge who is a legal practitioner
C. Police Commissioner
D. Registrar of Court
Answer: B
Q52. Which section of ACJA governs public summons procedure?
A. Section 36
B. Sections 41–42
C. Section 100
D. Section 494
Answer: B

Q53. The procedure for publishing a public summons includes all EXCEPT:
A. In a widely circulated newspaper
B. By affixing to accused’s house
C. By affixing at the High Court/Magistrate Court
D. By radio broadcast alone
Answer: D

Q54. Which of the following can arrest without warrant?


A. Police officer
B. Magistrate
C. Private person in limited cases
D. All of the above
Answer: D

Q55. In Dallison v Caffrey, the court held that:


A. Police is liable for all wrongful arrests
B. Police acting on reasonable suspicion are not liable for false imprisonment
C. Private citizens cannot arrest
D. Police must always procure warrant first
Answer: B

Q56. The Wednesbury principle (Associated Provincial Picture House v Wednesbury


Corporation) relates to:
A. Prosecutorial discretion in charges
B. Reasonableness of police discretion in arrest without warrant
C. Admissibility of confessions
D. Use of handcuffs during arrest
Answer: B

Q57. In COP v Obolo, the court held that:


A. Arrest without warrant must be based on reasonable suspicion
B. Arrest without warrant is never lawful
C. Only police commissioner can arrest without warrant
D. Failure to read rights nullifies proceedings automatically
Answer: A

Q58. Under Section 14 ACJA, after arrest without warrant, the suspect must:
A. Be taken immediately to a police station
B. Be detained indefinitely
C. Be taken directly to prison
D. Be kept by complainant until convenient
Answer: A

Q59. A private person effecting an arrest without warrant must:


A. Keep suspect in his custody
B. Deliver suspect without delay to nearest police officer or station
C. Notify complainant only
D. Take suspect before a judge directly
Answer: B

Q60. In John Lewis & Co Ltd v Tims, the court held that:
A. Private person may be liable for false imprisonment if suspect not promptly handed over to
police
B. Private person can detain suspect indefinitely
C. Private arrest is always unlawful
D. Police cannot rely on citizen arrest
Answer: A

Q61. If a police officer arrests without warrant, the suspect must be given:
A. Only a meal and water
B. Reasonable facilities to obtain legal advice and arrange bail
C. Access to the complainant
D. No rights until arraignment
Answer: B

Q62. Section 4 ACJL and Section 7 ACJA prohibit:


A. Arrest in lieu of suspect
B. Night arrests
C. Use of handcuffs
D. Arrest of minors
Answer: A

Q63. According to Section 8(2) ACJA, a person cannot be arrested:


A. Without probable cause
B. Solely for a civil wrong unless there is criminality
C. On a Sunday
D. In a legislative chamber
Answer: B

Q64. Under Section 26 ACJA, a Justice of the Peace may:


A. Commit an accused to custody directly
B. Order arrest in his presence but hand over to police
C. Issue bail independently
D. Prosecute the accused
Answer: B

Q65. Which of the following is NOT a ground for use of reasonable force in arrest?
A. Preventing escape
B. Protecting the suspect from harm
C. Arresting based on debt
D. Preventing violence
Answer: C

Q66. Section 35(1) CFRN guarantees:


A. Right to life
B. Right to personal liberty
C. Right to dignity of human person
D. Right to remain silent
Answer: B
Q67. Which of these is an exception under Section 35(1)(c) CFRN?
A. Arrest pursuant to a warrant or reasonable suspicion of crime
B. Arrest for debt
C. Arrest for civil dispute
D. Arrest for breach of contract
Answer: A

Q68. Under Section 35(2) CFRN, an arrested person has the right to:
A. Remain silent or consult a lawyer before answering questions
B. Be interrogated immediately
C. Bail without conditions
D. Refuse fingerprints
Answer: A

Q69. Section 35(3) CFRN requires that an arrested person be:


A. Detained indefinitely if serious offence is alleged
B. Informed in writing, within 24 hours, in a language he understands, of reasons for arrest
C. Interrogated only in chambers
D. Denied access to lawyer until arraignment
Answer: B

Q70. Under Section 35(4) CFRN, a suspect must be charged to court within a reasonable time.
“Reasonable time” means:
A. 1 day if within 40km of a court, 2 days or longer in other cases
B. 7 days from arrest
C. 30 days from arrest
D. 14 days subject to police discretion
Answer: A
Excellent 👌 Let’s keep rolling in order. We’ve covered up to Q70. Now I’ll continue from Q71–
Q100.

---

Block 4 (Q71–Q100)

Q71. Section 33 CFRN provides for:


A. Right to freedom of movement
B. Right to life
C. Right to private property
D. Right to personal liberty
Answer: B

Q72. Which of the following is an exception to the right to life under Section 33 CFRN?
A. Lawful killing in self-defence
B. Lawful execution of a court sentence
C. Killing to prevent escape of a lawfully detained person
D. All of the above
Answer: D

Q73. Section 34 CFRN provides for:


A. Right to personal liberty
B. Right to fair hearing
C. Right to dignity of the human person
D. Right to silence
Answer: C

Q74. Beating, handcuffing, leg-chaining or restraining a suspect is lawful only if:


A. The prosecutor insists
B. A court order authorises it
C. Police deem it necessary
D. Done in a capital offence
Answer: B

Q75. Section 35(5) CFRN provides that evidence obtained in violation of a person’s right:
A. Is always inadmissible
B. Is admissible if in the interest of justice
C. Cannot be used in civil trials
D. Must be discarded automatically
Answer: B

Q76. The beginning of a criminal trial is marked by:


A. Arrest
B. Bail hearing
C. Arraignment
D. Filing of charge
Answer: C

Q77. In Ejigbo v State, the court held that arraignment must:


A. Be in chambers if accused requests
B. Be in public as required by Section 36(4) CFRN
C. Be dispensed with if accused is absent
D. Be postponed until trial proper
Answer: B

Q78. Which of the following is NOT an exception to public trial requirement under Section
36(4) CFRN?
A. Public order and morality
B. Welfare of minors
C. Consent of the prosecutor alone
D. National security concerns
Answer: C

Q79. In Oviasu v Oviasu, the court defined a “public trial” as one where:
A. Members of the public are allowed free ingress and egress
B. Proceedings are live-streamed
C. The courtroom is in open space
D. The trial is reported in newspapers
Answer: A

Q80. Section 131 Evidence Act provides that:


A. Proof must be beyond reasonable doubt
B. He who asserts must prove
C. Accused must prove innocence
D. All presumptions favour the prosecution
Answer: B

Q81. Section 132 Evidence Act provides that:


A. Documentary evidence prevails over oral evidence
B. Oral evidence cannot vary the contents of a written document
C. Confessional statements must be corroborated
D. Circumstantial evidence is inadmissible
Answer: B

Q82. Section 135 Evidence Act provides that:


A. Burden of proof is on accused in all cases
B. Burden of proof lies on prosecution and must be beyond reasonable doubt
C. Standard of proof in criminal trials is balance of probabilities
D. Accused must rebut presumption of guilt
Answer: B

Q83. Section 36(5) CFRN provides that:


A. An accused is presumed innocent until proved guilty
B. An accused is presumed guilty unless he proves otherwise
C. Prosecution can assume guilt where evidence is circumstantial
D. Civil standards apply in criminal cases
Answer: A

Q84. Which of the following is NOT part of the commencement of criminal litigation?
A. Arrest
B. Search
C. Summons
D. Cross-examination
Answer: D
Q85. In FRN v Ibori, the Court of Appeal condemned:
A. Filing charges outside the territorial jurisdiction where offence occurred
B. Issuing of summons without oath
C. Service of summons by courier
D. Admissibility of oral confessions
Answer: A

Q86. The Mischief Rule of statutory interpretation was established in:


A. Aoko v Fagbemi
B. Heydon’s Case
C. Ejigbo v State
D. FRN v Ibori
Answer: B

Q87. The Ejusdem Generis Rule means:


A. General words following specific words are limited to same class
B. General words always override specific words
C. Statutes must be interpreted in favour of accused
D. Only specific provisions apply in criminal law
Answer: A

Q88. The literal rule requires that:


A. Courts interpret statutes by looking at legislative intent
B. Courts give words their ordinary and natural meaning
C. Courts modify words to prevent absurdity
D. Courts follow previous case law always
Answer: B
Q89. The golden rule of interpretation is applied:
A. To give statutes their ordinary meaning even if absurd
B. To avoid absurdity from literal interpretation
C. Only in civil cases
D. Only when words are ambiguous
Answer: B

Q90. Under ACJA Section 492(3), when there is lacuna in procedure:


A. English rules must be applied
B. Court must strike out the case
C. Court may adopt procedure that meets justice of case
D. Prosecution decides the procedure
Answer: C

Q91. In Simidele v COP, English practice was adopted for:


A. Bail at High Court after refusal at Magistrate
B. Cross-examination of witnesses
C. Interpretation of written documents
D. Mode of service of summons
Answer: A

Q92. In Achadu v State, the Court held that an application for bail at the High Court after refusal
at Magistrate must be by:
A. Oral application
B. Motion or summons
C. Letter to Chief Judge
D. Application by registrar
Answer: B

Q93. Section 36(4) CFRN requires that:


A. Criminal proceedings must be conducted in public
B. Criminal proceedings may be held in secret at prosecution’s request
C. Only civil proceedings need be public
D. Trial in chambers is valid if parties consent
Answer: A

Q94. Section 200 ACJL and Section 259 ACJA echo the constitutional requirement that:
A. Plea must be taken in chambers
B. Trials must be in public
C. Witnesses must testify behind screens
D. All cases must be televised
Answer: B

Q95. Which of these is NOT an exception to public trial under ACJL/ACJA?


A. Offences against morality with child witnesses
B. Matters of national security
C. Cases of public decency
D. Where accused consents to private trial
Answer: D

Q96. In Ejigbo v State, arraignment in chambers was held to be:


A. Valid if accused consents
B. Invalid as it breaches Section 36(4) CFRN
C. Discretionary
D. Permissible under ACJL
Answer: B

Q97. In Oviasu v Oviasu, a trial is “public” where:


A. The media is present
B. There is unfettered ingress and egress for members of the public
C. It is broadcast live
D. The court sits outdoors
Answer: B

Q98. Which of the following statements about the dock is CORRECT?


A. It is for witnesses to testify
B. It is exclusively for accused persons
C. It is reserved for SANs
D. It is for registrars
Answer: B

Q99. Testimony from the dock is:


A. Cross-examined like witness box testimony
B. Of lower probative value
C. Inadmissible
D. More reliable than sworn testimony
Answer: B

Q100. True or False: A witness cannot leave the box until the judge asks him to do so.
Answer: True
Q101. The gallery in a courtroom is reserved for:
A. Lawyers without robes and members of public
B. Accused persons
C. Witnesses
D. Registrars
Answer: A

Q102. Lawyers in Magistrate Courts appear:


A. In wigs and gowns
B. In black suits and ties without robes
C. In native attire
D. In casual clothes
Answer: B

Q103. Section 349 ACJL Lagos prescribes that Magistrates be addressed as:
A. Your Worship
B. My Lord
C. Your Honour
D. Learned Magistrate
Answer: C

Q104. Which of the following is NOT a method of securing appearance of a defendant?


A. Summons
B. Warrant of arrest
C. Arrest without warrant
D. Police invitation letter
Answer: D

Q105. A summons must be preceded by:


A. Complaint laid before a Magistrate or Judge
B. Arrest of the defendant
C. Warrant issued by police
D. Application by prosecutor
Answer: A

Q106. Summons must contain all EXCEPT:


A. Substance of complaint
B. Name of defendant
C. Signature of Magistrate
D. Address of defendant’s counsel
Answer: D

Q107. Under ACJL Lagos, a summons served on Sunday:


A. Is void
B. Takes effect from next working day
C. Must be re-served
D. Is automatically converted to warrant
Answer: B

Q108. Service of summons cannot be effected in:


A. A private residence
B. A workplace
C. A legislative chamber
D. A market square
Answer: C

Q109. Substituted service of summons under ACJL Lagos may be effected by:
A. Affixing a copy to a conspicuous part of defendant’s residence
B. Sending by email
C. Notifying defence counsel
D. Announcing in open court
Answer: A

Q110. Refusal to sign acknowledgement of summons under Section 129 ACJA may lead to:
A. Fine of ₦5,000
B. Detention for up to 40 days
C. Automatic discharge of summons
D. Cancellation of trial
Answer: B

Got it ⚖️— let’s carefully cover Q110 to Q140 in order (so you have them cleanly in one block).

---

Block: Q110–Q140

Q110. Refusal to sign acknowledgement of summons under Section 129 ACJA may lead to:
A. Fine of ₦5,000
B. Detention for up to 40 days
C. Automatic discharge of summons
D. Cancellation of trial
Answer: B

Q111. Under Section 132 ACJL Kano, a warrant of arrest may be executed:
A. Only on weekdays
B. Only during working hours
C. On any day, including weekends
D. Only during court hours
Answer: C

Q112. Section 81 ACJL Lagos provides that a warrant of arrest can be executed:
A. Only between 8:00 am and 6:00 pm
B. Only between 6:00 am and 8:00 pm
C. Only during court sessions
D. At any time of the day
Answer: B

Q113. A warrant of arrest must contain all EXCEPT:


A. Name and particulars of accused
B. Concise statement of offence
C. Date of issue
D. Address of complainant’s lawyer
Answer: D

Q114. Once executed, a warrant of arrest:


A. Remains in force indefinitely
B. Lapses and cannot be reused
C. May be recycled for similar cases
D. Becomes void after 7 days
Answer: B

Q115. In R v Akinyeju, the court held that:


A. A warrant can be reused for other suspects
B. A warrant lapses after execution and cannot be reused
C. A warrant can be endorsed by police
D. A warrant can be revalidated by prosecutor
Answer: B

Q116. Section 100 ACJL and Section 139 ACJA provide that a warrant remains valid:
A. Until re-endorsed
B. Until executed or cancelled, regardless of issuer’s death/retirement
C. Only during the tenure of issuing magistrate
D. For 30 days
Answer: B

Q117. Where is a warrant of arrest NOT executable?


A. At a police station
B. In a courtroom during proceedings
C. In accused’s house
D. In a market
Answer: B
Q118. Under Section 55 of the Legislative Houses (Powers and Privileges) Act, a warrant cannot
be executed:
A. Within the precinct of the National Assembly without permission of the President of the
Senate
B. In a police station
C. At a prison
D. At a High Court
Answer: A

Q119. Before executing a warrant, the police officer must:


A. Inform suspect of existence of warrant unless risk of escape or resistance
B. Keep warrant secret until trial
C. Execute without notice always
D. Show warrant only after conviction
Answer: A

Q120. Section 28 ACJL and Section 44 ACJA provide that where warrant is not immediately
available:
A. Arrest is invalid
B. Its existence may be disclosed and later shown within reasonable time
C. Arrest must be postponed
D. Arrest must be with prosecutor’s permission
Answer: B

Q121. Under ACJL Lagos, “as soon as practicable” means:


A. Within 48 hours
B. Within 24 hours
C. Within 7 days
D. Within 14 days
Answer: B

Q122. After arrest, the suspect must be:


A. Taken immediately to police station or designated place of custody
B. Detained indefinitely until arraignment
C. Handed over to complainant
D. Released only on police discretion
Answer: A

Q123. Section 15 ACJA requires police to:


A. Record specified details of suspect upon arrival at station
B. Release suspect immediately
C. Conduct trial at station
D. Inform suspect orally only
Answer: A

Q124. Section 4 ACJL prohibits:


A. Arrest in lieu of a suspect
B. Arrest for civil wrongs
C. Arrest in night clubs
D. Arrest on Sundays
Answer: A

Q125. True or False: Section 8(2) ACJA allows arrest solely on civil wrongs.
Answer: False
Q126. Section 48 ACJA provides that if a suspect escapes lawful custody, he:
A. Cannot be re-arrested
B. May be pursued and re-arrested anywhere in Nigeria
C. Must be tried in absentia
D. Must be granted bail automatically
Answer: B

Q127. Judges and Magistrates may arrest without warrant:


A. When offence is committed in their presence
B. When prosecutor insists
C. When police requests
D. When accused is notorious
Answer: A

Q128. Under Section 25 ACJA, a Judge/Magistrate may order arrest:


A. Only when he dislikes accused
B. If facts are known to him or stated on oath by another person
C. If prosecutor directs him
D. If defence counsel consents
Answer: B

Q129. Justice of the Peace under Section 26 ACJA can:


A. Commit accused to custody directly
B. Order arrest in his presence and hand over to police
C. Prosecute the accused
D. Grant bail independently
Answer: B
Q130. A private person may arrest without warrant if:
A. He suspects accused of owing debt
B. Accused commits indictable offence in his presence
C. Accused is a neighbour
D. Accused is absent from trial
Answer: B

Q131. Section 23 ACJA provides that a private person arresting without warrant must:
A. Detain accused in his house
B. Deliver accused promptly to police officer or nearest station
C. Seek leave of court
D. Inform prosecutor first
Answer: B

Q132. In John Lewis v Tims, court held that:


A. Private person liable for false imprisonment if suspect not promptly handed over to police
B. Private arrest is always illegal
C. Police must re-arrest immediately
D. Suspect must be released if uncharged in 7 days
Answer: A

Q133. True or False: On delivery by a private person, the police must re-arrest the suspect if it is
one they could have lawfully arrested.
Answer: True

Q134. Section 98 ACJL Lagos, Section 136 ACJA and Section 146 ACJL Kano collectively
provide that:
A. Trial may continue despite irregularity in summons or arrest unless miscarriage of justice
results
B. Trial is void if warrant defective
C. Summons defect nullifies jurisdiction
D. Irregularity always invalidates proceedings
Answer: A

Q135. Civil action for unlawful arrest may be maintained:


A. Only against police officers
B. Against complainant and arresting officers jointly and severally
C. Against Attorney General only
D. Not at all
Answer: B

Q136. Section 14 ACJA provides that arrested suspects:


A. Must be given facilities for legal advice and to furnish bail
B. Can be denied counsel
C. Can be detained until confession
D. Must be silent until arraignment
Answer: A

Q137. Section 15 ACJL Lagos provides that a Judge/Magistrate may arrest:


A. When offence is committed in his presence
B. On police request
C. On written complaint by prosecutor
D. On oral request by registrar
Answer: A
Q138. Section 16 ACJL Lagos allows a Judge/Magistrate to arrest:
A. When he dislikes accused
B. When offence facts are known to him or stated on oath by another
C. Only in capital cases
D. With leave of Attorney General
Answer: B

Q139. Section 17 ACJL Lagos requires that after arrest, accused must be:
A. Brought before a court within 24 hours
B. Detained for at least 7 days
C. Kept by prosecutor until trial date
D. Sent to prison automatically
Answer: A

Q140. Section 30 ACJA provides that where investigation cannot be completed forthwith,
suspect:
A. Must be released on bail upon recognizance
B. Must remain detained until conclusion
C. Must be sent to prison
D. Must be acquitted immediately
Answer: A

Perfect ⚖️— let’s now move to Q141–Q170, focusing on remand, bail, custody and
constitutional safeguards.

---
Block: Q141–Q170

Q141. Under Section 293 ACJA, where police investigation is not concluded within 24–48
hours, the officer may apply to:
A. Magistrate for remand order
B. High Court Judge directly
C. Attorney General for extension
D. Prison Superintendent
Answer: A

Q142. A remand order under Section 296 ACJA shall not exceed:
A. 90 days in the first instance
B. 14 days in the first instance
C. 30 days in the first instance
D. 7 days in the first instance
Answer: B

Q143. Upon expiration of an initial 14-day remand under ACJA, the court may:
A. Extend for another 14 days on good cause shown
B. Extend for indefinite period
C. Discharge accused permanently
D. Refer to Supreme Court
Answer: A

Q144. Maximum period of remand under ACJA before trial must commence is:
A. 30 days
B. 56 days
C. 90 days
D. 180 days
Answer: C

Q145. If trial does not commence within maximum remand period under ACJA, the court must:
A. Release suspect on bail
B. Strike out charge
C. Order discharge (without prejudice to re-arrest upon fresh facts)
D. Refer file to Attorney General
Answer: C

Q146. Which case condemned indefinite remand orders by Magistrates?


A. Lufadeju v Johnson
B. FRN v Ibori
C. Shagari v COP
D. Aoko v Fagbemi
Answer: A

Q147. In Lufadeju v Johnson, the Supreme Court held that:


A. Magistrates have inherent power to remand indefinitely
B. Magistrates act judicially when remand is within statutory framework
C. Magistrates cannot order remand at all
D. Remand may only be ordered by High Court
Answer: B

Q148. Bail pending trial is primarily governed by:


A. Constitution and ACJA/ACJL
B. Evidence Act alone
C. Only case law
D. Police regulation
Answer: A

Q149. Bail pending trial is generally a right in:


A. Capital offences
B. Non-capital offences
C. Terrorism cases
D. All offences without exception
Answer: B

Q150. Which section of CFRN expressly guarantees bail within 24–48 hours?
A. Section 33
B. Section 34
C. Section 35(4)
D. Section 36(1)
Answer: C

Q151. In Bamaiyi v State, the court laid down bail considerations including:
A. Likelihood of accused appearing for trial
B. Seriousness of offence
C. Interference with witnesses
D. All of the above
Answer: D
Q152. Bail is most difficult to obtain in:
A. Misdemeanours
B. Capital offences
C. Regulatory offences
D. Summary offences
Answer: B

Q153. Under Section 161 ACJA, bail shall not be granted for capital offences unless:
A. Prosecution consents
B. Exceptional circumstances are shown
C. Defence requests in writing
D. Court exercises unfettered discretion
Answer: B

Q154. Exceptional circumstances for bail in capital offences include:


A. Ill health requiring special medical attention
B. Delay in trial beyond reasonable time
C. Age of accused (very young/old)
D. All of the above
Answer: D

Q155. In Abacha v State, the court held that:


A. Bail is not available in capital offences
B. Bail may be granted where exceptional circumstances exist
C. Only the Supreme Court can grant bail in capital offences
D. Magistrate must always grant bail
Answer: B
Q156. Police bail before arraignment is called:
A. Court bail
B. Self-recognizance bail
C. Administrative bail
D. Statutory bail
Answer: C

Q157. True or False: Police bail is free under Nigerian law.


Answer: True

Q158. Breach of police bail conditions may result in:


A. Fine only
B. Revocation and re-arrest of suspect
C. Discharge of suspect
D. Automatic acquittal
Answer: B

Q159. In Onagoruwa v State, the court held that bail should not be:
A. Refused on capital offence grounds
B. Made punitive by excessive conditions
C. Granted where prosecution is ready
D. Granted where accused is absent
Answer: B

Q160. A recognizance is:


A. Oral promise to attend court
B. Written undertaking to appear, signed by accused or surety, backed by monetary sum
C. Police record of arrest
D. Court record of conviction
Answer: B

Q161. A surety is discharged when:


A. Accused is acquitted
B. Accused dies
C. Court revokes bail
D. Any of the above occurs
Answer: D

Q162. In Sheriff v COP, the court stressed that:


A. Sureties must have verified addresses and means
B. Sureties can be anonymous
C. Only lawyers can stand as sureties
D. Suretyship is automatic on request
Answer: A

Q163. Where bail is refused by Magistrate, the next remedy is:


A. Renew application before same court
B. Appeal to High Court by motion
C. File fundamental rights enforcement action only
D. Apply to Attorney General
Answer: B

Q164. Which provision prohibits arrest in lieu of suspect?


A. Section 4 ACJL Lagos
B. Section 7 ACJA
C. Section 8 ACJA
D. Both A and B
Answer: D

Q165. Section 36(6)(c) CFRN guarantees an accused person’s right to:


A. Call witnesses and defend himself in person or by counsel of choice
B. Free meals during trial
C. Silence during proceedings
D. Remand at prison custody only
Answer: A

Q166. Right to remain silent upon arrest is entrenched in:


A. Section 35(2) CFRN
B. Section 36(6)(a) CFRN
C. Both A and B
D. None
Answer: C

Q167. A confession is inadmissible if:


A. Obtained by oppression, inducement, threat or promise
B. Written in English
C. Recorded by police officer
D. Signed by accused
Answer: A
Q168. Which case emphasised that confessions must be voluntary?
A. R v Akinyeju
B. Lufadeju v Johnson
C. R v Itule
D. Aoko v Fagbemi
Answer: C

Q169. Section 36(6)(d) CFRN grants accused person right to:


A. Examine prosecution witnesses and call defence witnesses
B. Remain silent always
C. Discharge witnesses at will
D. Prevent prosecution from cross-examining
Answer: A

Q170. Where an accused cannot afford a lawyer in a capital offence trial, the court must:
A. Proceed without counsel
B. Provide counsel at state expense under legal aid
C. Allow prosecutor to defend accused
D. Postpone trial indefinitely
Answer: B

Perfect ⚖️— let’s keep extending. We’ve completed Q170. Now I’ll roll out Q171–Q200,
making them tricky, law school–standard, and grounded in Nigerian criminal procedure, bail,
remand, trial rights, and evidence.

---
Block: Q171–Q200

Q171. Section 293 ACJA permits remand where:


A. Suspect is arrested without a warrant but investigation cannot be completed within 24–48
hours
B. Prosecution is unwilling to file charges
C. Defence consents to remand
D. Attorney General directs
Answer: A

Q172. A remand application must be supported by:


A. Oral request only
B. Information on the offence and affidavit showing reasonable grounds
C. Complaint letter from victim
D. Police diary alone
Answer: B

Q173. Section 296(4) ACJA states that upon expiration of maximum remand, the court must:
A. Release accused unconditionally
B. Strike out case without prejudice to re-arrest upon fresh facts
C. Refer case to Attorney General
D. Convert remand into trial
Answer: B

Q174. In Eda v COP, the court stressed that remand power is:
A. Absolute discretion of Magistrate
B. Circumscribed by the Constitution and statute
C. Unlimited
D. Derived only from customary law
Answer: B

Q175. Which section of ACJA creates duty to report remand statistics to Chief Judge?
A. Section 34
B. Section 296(9)
C. Section 165
D. Section 174
Answer: B

Q176. The purpose of remand under ACJA is:


A. To punish accused before trial
B. To keep accused until complainant is ready
C. To allow investigation when charge not yet filed
D. To reduce prison congestion
Answer: C

Q177. Bail after conviction is known as:


A. Bail pending trial
B. Bail pending appeal
C. Administrative bail
D. Suretyship
Answer: B

Q178. Bail pending appeal is harder to obtain because:


A. Presumption of innocence no longer avails
B. Prosecution opposes by default
C. Surety is not allowed
D. It is unknown to law
Answer: A

Q179. In Abiola v FRN, the court held that bail pending appeal may be granted where:
A. Appeal raises substantial point of law
B. Sentence will be completed before appeal is heard
C. Health conditions require
D. Any of the above
Answer: D

Q180. Sureties are required to:


A. Deposit cash always
B. Enter recognizance and may be asked to show means
C. Be family members only
D. Be lawyers only
Answer: B

Q181. In Sheriff v COP, the court emphasised that:


A. Verification of surety’s address is mandatory
B. Lawyers must always be sureties
C. Police can override court’s bail terms
D. Bail conditions must be punitive
Answer: A
Q182. Where bail conditions are excessive, remedy lies in:
A. Appeal or variation of conditions at higher court
B. Complaint to police
C. Automatic discharge of accused
D. Refusal to attend trial
Answer: A

Q183. Section 158 ACJA provides that bail shall be granted to accused persons except:
A. For capital offences or where law restricts
B. For offences against public morality
C. For regulatory infractions
D. For offences under customary law
Answer: A

Q184. In Dokubo-Asari v FRN, the Supreme Court refused bail because:


A. National security outweighed individual liberty
B. Offence was minor
C. Prosecutor opposed
D. Accused was absent in court
Answer: A

Q185. In Abacha v State, bail was denied because:


A. Accused posed flight risk and case involved capital offence
B. Sureties were insufficient
C. Court lacked jurisdiction
D. Accused was underage
Answer: A
Q186. Section 35(4) CFRN defines “reasonable time” for arraignment as:
A. 24 hours if within 40 km of a court, 48 hours otherwise
B. 7 days always
C. 14 days for capital cases
D. As determined by police discretion
Answer: A

Q187. Section 36(6)(b) CFRN guarantees right of accused to:


A. Adequate time and facilities to prepare defence
B. Be cross-examined immediately
C. Demand police apology
D. Appoint prosecutor
Answer: A

Q188. Failure to provide accused with facilities to prepare defence may amount to:
A. Breach of right to fair hearing
B. Mere irregularity
C. No consequence
D. Prosecutorial discretion
Answer: A

Q189. In Ariori v Elemo, the Supreme Court described fundamental rights as:
A. Rights which cannot be waived
B. Rights which can be waived at will
C. Procedural rights only
D. Privileges
Answer: A

Q190. Confession under Evidence Act is defined as:


A. Any admission of guilt made by accused
B. A statement by accused suggesting inference of guilt
C. A denial of offence
D. Any oral statement made by suspect
Answer: B

Q191. Under Section 29 Evidence Act, a confession is inadmissible if:


A. Not in writing
B. Induced by threat, promise, oppression, or inducement
C. Not corroborated
D. Not signed
Answer: B

Q192. The case of R v Itule established that:


A. Confessions must be voluntary
B. Confessions are inadmissible in Nigeria
C. Confessions require corroboration in all cases
D. Only oral confessions are valid
Answer: A

Q193. In Nwaebonyi v State, the court held that:


A. A voluntary confession can ground conviction even without corroboration
B. A confession must always be corroborated
C. Confessions are secondary evidence
D. Confessions are inadmissible in capital cases
Answer: A

Q194. Section 36(6)(e) CFRN gives accused right to:


A. Free interpreter if he cannot understand the language of trial
B. Hire interpreter at own cost
C. Dispense with interpreter at court’s discretion
D. Translate proceedings himself
Answer: A

Q195. The right to remain silent protects accused from:


A. Compelled self-incrimination
B. Being cross-examined
C. Being searched
D. Being arrested
Answer: A

Q196. Section 36(6)(f) CFRN grants accused the right to:


A. Appeal automatically to Supreme Court
B. Free legal representation in capital offences where he cannot afford counsel
C. Remain in prison until trial
D. Represent state in civil claims
Answer: B

Q197. In Edet v COP, denial of counsel at trial was held to:


A. Violate fair hearing right
B. Be immaterial if accused understood charges
C. Amount to harmless irregularity
D. Strengthen prosecution’s case
Answer: A

Q198. In Kalu v State, the Supreme Court held that:


A. Delay in trial does not affect fairness
B. Speedy trial is essential component of fair hearing
C. Only prosecution’s delay matters
D. Accused cannot complain of delay
Answer: B

Q199. Section 35(6) CFRN provides that any person unlawfully arrested or detained:
A. Is entitled to damages and compensation from appropriate authority
B. Has no remedy
C. Must only apply for bail
D. Must sue Attorney General only
Answer: A

Q200. Habeas corpus is a procedure to:


A. Challenge admissibility of confessions
B. Secure release of a person unlawfully detained
C. Appeal criminal conviction
D. Enforce right to interpreter
Answer: B.
---

Scenario-Based MCQs (Sample Set 1–10)

Q1. Musa is arrested in Lagos on a Saturday evening pursuant to a valid warrant issued by a
Magistrate. On Monday morning, he is brought before the Magistrate who issued the warrant.
The Magistrate orders that the warrant be reused to arrest another suspect involved in the same
case. Which is correct?
A. The warrant can be reused since it was validly issued
B. The warrant can only be reused if endorsed by the Magistrate
C. A warrant lapses once executed and cannot be reused
D. The police may reuse it in exceptional circumstances
Answer: C

---

Q2. The police arrest Ngozi in lieu of her brother, who is suspected of theft but fled. She
challenges her arrest in court. Which is correct under the ACJL Lagos?
A. Police are justified since the suspect fled
B. Arrest in lieu is prohibited under Section 4 ACJL
C. Arrest in lieu is valid if family relationship is proven
D. Arrest in lieu is valid only with prosecutor’s consent
Answer: B

---
Q3. Chinedu is arrested for a civil debt. He is taken to the police station where he spends three
nights in custody. Which is correct under Section 8(2) ACJA?
A. Police acted lawfully, since detention was short
B. Police acted lawfully because creditor reported
C. Arrest solely for civil wrongs is unlawful
D. Police may arrest for debts if complainant applies
Answer: C

---

Q4. During trial, Bala insists that his arraignment be conducted in chambers because he feels
uncomfortable in open court. The Magistrate agrees and records his plea in chambers. Later, Bala
appeals. What is the likely outcome?
A. Appeal dismissed since Bala consented
B. Appeal succeeds because arraignment must be in public
C. Appeal dismissed since no miscarriage of justice occurred
D. Appeal fails since chambers is still a court
Answer: B

---

Q5. A Magistrate in Abuja remands Fatima in custody indefinitely because the police
investigation is incomplete. Which case best supports Fatima’s challenge?
A. Aoko v Fagbemi
B. Lufadeju v Johnson
C. R v Akinyeju
D. FRN v Ibori
Answer: B

---

Q6. Tunde is arraigned for armed robbery. His lawyer applies for bail, citing his poor health.
Which provision governs bail in such capital offences?
A. Bail is automatic in capital offences
B. Bail may be granted in exceptional circumstances under Section 161 ACJA
C. Bail must be granted once accused has a lawyer
D. Bail is never allowed in capital offences
Answer: B

---

Q7. A Magistrate in Kano issues a warrant of arrest against a suspect in Lagos. Police attempt to
execute it without endorsement. Which is correct?
A. Endorsement not required; all warrants run nationwide
B. Endorsement is required when executing outside issuing jurisdiction
C. Warrant cannot run outside Kano at all
D. Only Supreme Court can authorize interstate execution
Answer: B

---
Q8. Joseph confesses to theft after being beaten by the police. At trial, prosecution seeks to
tender the statement. Defence objects. What is the likely ruling?
A. Confession inadmissible as it was not in writing
B. Confession admissible if corroborated
C. Confession inadmissible as it was not voluntary
D. Confession admissible since accused signed it
Answer: C

---

Q9. A Magistrate in Lagos insists that accused persons call him “My Lord” in court. Defence
counsel objects. Which is correct under ACJL Lagos?
A. “My Lord” is correct address for Magistrates
B. “Your Honour” is correct under Section 349 ACJL Lagos
C. “Your Worship” is mandatory
D. Any of the above is acceptable
Answer: B

---

Q10. Uche, a private citizen, sees Chika commit burglary at night. He arrests him and locks him
in his shop until morning, without informing the police. Which case is relevant?
A. John Lewis v Tims – private person must promptly deliver suspect to police
B. Lufadeju v Johnson – Magistrates cannot remand indefinitely
C. Ejigbo v State – arraignment must be in public
D. FRN v Ibori – forum shopping is condemned
Answer: A

Q11. The police arrest Ada in Port Harcourt based on a warrant issued by a Lagos Magistrate.
The warrant was never endorsed by a Rivers Magistrate before execution. At trial, Ada
challenges jurisdiction. The court should hold that:
A. The defect nullifies the proceedings automatically
B. The defect is fatal unless prosecution shows no miscarriage of justice occurred
C. The warrant is valid everywhere without endorsement
D. Endorsement is unnecessary since Lagos is in Nigeria
Answer: B

---

Q12. Bode is arraigned for rape. His plea is taken in English, which he does not understand. His
lawyer is absent, but the court proceeds. On appeal, Bode argues violation of rights. Which is
MOST correct?
A. No violation, since he did not object at trial
B. Violation of Section 36(6)(e) CFRN – right to interpreter
C. Only minor irregularity, conviction stands
D. Only a breach of Evidence Act, not Constitution
Answer: B

---
Q13. A Magistrate remands Chukwudi for 14 days under Section 293 ACJA. On expiration, the
Magistrate, without taking further application, extends remand by another 90 days. Defence
objects. Correct ruling?
A. Valid, since Magistrate has discretion
B. Invalid – remand cannot exceed 14 days at a time under Section 296 ACJA
C. Valid if accused consents
D. Extension depends on Attorney General’s approval
Answer: B

---

Q14. Police invite Tolu to the station over a fraud petition. He attends voluntarily but is detained
without being informed of the offence. Which right has been breached?
A. Section 33 CFRN – right to life
B. Section 34 CFRN – dignity of human person
C. Section 35(3) CFRN – right to be informed in writing within 24 hours in a language
understood
D. Section 36 CFRN – fair hearing
Answer: C

---

Q15. James is accused of murder. He applies for bail, citing ill health. The prosecution insists
capital offences are non-bailable. Which is correct?
A. Prosecution is right; bail is absolutely barred
B. Bail may be granted in exceptional circumstances under Section 161 ACJA
C. Bail is automatic once accused has medical report
D. Bail is available only if sureties are SANs
Answer: B

---

Q16. Ibrahim is convicted at trial and appeals. While appeal is pending, he applies for bail on
ground that his sentence is short and may elapse before appeal is heard. Which principle applies?
A. Presumption of innocence still applies
B. Bail pending appeal is stricter and may be granted if sentence may be served before appeal is
heard
C. Bail pending appeal is an automatic right
D. Bail pending appeal cannot be granted at all
Answer: B

---

Q17. Ngozi makes a confessional statement after the IPO threatens to shoot her if she remains
silent. At trial, prosecution tenders it. Defence objects. Which is correct?
A. Inadmissible – confession must be voluntary (R v Itule)
B. Admissible if corroborated by other evidence
C. Inadmissible unless reduced to writing
D. Admissible since she signed
Answer: A

---
Q18. A Magistrate insists that proceedings continue in chambers due to “space constraints.”
Defence objects, citing constitutional right. Which case best supports Defence?
A. Ejigbo v State – trial in chambers violates Section 36(4) CFRN
B. FRN v Ibori – forum shopping condemned
C. Aoko v Fagbemi – offence must be in written law
D. R v Akinyeju – warrant lapses after use
Answer: A

---

Q19. During a criminal trial, accused testifies from the dock. The judge convicts based solely on
that testimony. On appeal, what is the likely ruling?
A. Dock statement is inadmissible
B. Dock statement is admissible but of low probative value; conviction cannot be based solely on
it
C. Dock statement has higher weight than witness box testimony
D. Dock statement is irrelevant unless corroborated by prosecution
Answer: B

---

Q20. Under ACJA, police detain Bello for 7 days while “investigating.” He is never brought
before a court. Which provision is breached?
A. Section 293–296 ACJA – remand orders required
B. Section 131 Evidence Act – burden of proof
C. Section 36 CFRN – fair hearing only
D. Section 34 CFRN – dignity of human person
Answer: A

---

Q21. The police arrest Chioma’s father because they cannot locate Chioma, who is a suspect. He
sues. What is the most correct?
A. Valid, since family members can be held
B. Invalid – arrest in lieu is prohibited under Section 7 ACJA and Section 4 ACJL
C. Valid if complainant requested it
D. Invalid only if Chioma is a minor
Answer: B

---

Q22. Kayode is detained in police custody for 3 days before being charged. He argues breach of
his constitutional right to be brought before a court within a reasonable time. Which is correct
under Section 35(5) CFRN?
A. Reasonable time is 7 days
B. Reasonable time is 24 hours if within 40km of a court, otherwise 48 hours or longer as
circumstances permit
C. Reasonable time is at police discretion
D. Reasonable time is 14 days for indictable offences
Answer: B
---

Q23. The trial of Ali is adjourned repeatedly because prosecution witnesses are absent. Ali
applies for bail on ground of delay. Which case best supports him?
A. Dokubo-Asari v FRN
B. Abacha v State
C. Bamaiyi v State
D. Onagoruwa v State – bail must not be punitive and delay may justify release
Answer: D

---

Q24. The trial judge denies accused access to legal counsel, stating it will “waste time.” Which is
correct?
A. Judge has discretion to deny counsel
B. Violation of Section 36(6)(c) CFRN – right to defend self or by counsel of choice
C. Minor irregularity if trial is fair
D. Valid only in capital offences
Answer: B

---

Q25. A suspect is arrested for terrorism. His lawyer argues that national security cannot override
liberty. Which case contradicts him?
A. Dokubo-Asari v FRN – national security outweighs liberty in bail
B. Lufadeju v Johnson
C. Ejigbo v State
D. FRN v Ibori
Answer: A

---

Q26. Emeka is remanded for 90 days without trial under ACJA. On the 91st day, prosecution
applies for extension. Defence objects. Court should hold that:
A. Magistrate may extend indefinitely
B. Magistrate cannot extend beyond 90 days; charge must be struck out without prejudice to
refile
C. Court may extend if accused consents
D. Attorney General may override limits
Answer: B

---

Q27. Police arrest Segun without warrant on suspicion of armed robbery. Defence argues arrest
is unlawful. Which principle applies?
A. Police cannot arrest without warrant
B. Police may arrest without warrant on reasonable suspicion of indictable offence (COP v
Obolo)
C. Arrest is unlawful unless endorsed by Magistrate
D. Arrest must be by complainant
Answer: B
---

Q28. A Magistrate addresses defence counsel harshly, calling him “a liar.” Defence petitions
alleging bias. Which constitutional principle is in issue?
A. Section 36(1) CFRN – fair hearing before impartial tribunal
B. Section 35 CFRN – liberty
C. Section 34 CFRN – dignity
D. Section 33 CFRN – life
Answer: A

---

Q29. During arraignment, charge is read and explained to accused in English, but not interpreted
into Yoruba, which he understands. He pleads guilty. Later, he appeals. Likely outcome?
A. Conviction upheld, guilty plea is final
B. Conviction quashed – arraignment invalid without explanation in language understood
(Section 36(6)(a) CFRN)
C. Conviction upheld if counsel was present
D. Conviction upheld if prosecutor agrees
Answer: B

---
Q30. In trial for theft, accused’s confessional statement is admitted without trial-within-trial,
despite defence objection of coercion. On appeal, what is the likely outcome?
A. Conviction stands – confession admitted anyway
B. Conviction quashed – trial-within-trial mandatory where voluntariness is challenged
C. Conviction stands if corroborated
D. Confession irrelevant in theft cases
Answer: B

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