MCQ V Part 1
MCQ V Part 1
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
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
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
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
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
Alright 👍 Let’s continue carefully from Question 41, making sure each one is tricky and exam-
standard.
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Block 3 (Q41–Q70)
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
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
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
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
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
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
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
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.
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Block 4 (Q71–Q100)
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
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
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
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
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
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
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
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
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).
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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
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
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
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
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
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
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.
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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
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
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
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.
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Block: Q171–Q200
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
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
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
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
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
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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