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NATIONAL OPEN UNIVERSITY OF NIGERIA

FACULTY OF LAW
APRIL, 2019_1 EXAMINATION QUESTIONS

COURSE CODE: JIL 212

1. a. The constitution, the criminal procedure code and criminal code has provide the procedure
on how to arraign an accused person before a court by the Nigerian police, particularly from
arrest, charge and arraignment. Describe the process.

b. Omolola, was accused of committing theft at the shop Rite located at AdeolaOdegunroad
Victoria, Island, Lagos. He was charge for stealing by the persecution counsel. In the court
room the accused denied the allegation and he was informed by the presiding Magistrates
that he has certain rights guaranteed to him by Law and the constitution, and that if the
magistrates refused to observe them he has the right to appeal to court of Appeal.
Discuss seven rights the accused person has and support your answer with judicial authorities.
25 marks.

2. The Legal Aid Council is not a new phoneme in Africa. It is in the nature of Africa to assist his
poor neighbor or relation. After word her it was introduced in UK in 1949.
Discuss in details the history of Legal Aid, constitution, position, other statutes that provide legal
aid in Nigeria especially to Children, women and the indigent in the society.
List at least 7 challenges of the scheme in Nigeria.15 marks.

3. Elizabeth Adam, a four hundred level student in the faculty of Agricultural, NOUN, Kaduna Study
Centre, informed Tolu and Chinyere, who are 200 LEVEL students of the Faculty of Law NOUN.
That her uncle has a land matter at the customary Court Abuja. That Tolu and Chinyere, should
give her clues so that she will inform her uncle on how to defend his customary title in respect
of the land in dispute before the court. Tolu and Chinyere gratuitously told Elizabeth that
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customary Law means different thing to different communities, it has its own character or
features and different methods of proving its evidence in a court of Law.
Discuss the statement of Tolu and Chinyere and support your answers with judicial quantities.
15 Marks

4. a. In the early times of evolution of common Law in England, Judges apply and executed justice
according to the Law and custom of the people of England and translated these customs into
Law. When the British acquired the Colony of Lagos, English type of courts executed Laws and
custom in the colony. Explain five laws that Ordinance no. 4 of 1876 empowered the Nigerian
courts to apply and executed in Nigeria.

b. For a customary law to obtain the force of law in Nigeria during the colonial period.
Customary Law must pass through the refining processes. Elucidate the three tests and
support your answer with Judiciary authority.15 marks

5. a.Judicial institutions refers to the established organization and processes of Law of a public
character which people can use in resolving disputes. The role of the judiciary is sub servient,
passive, subordinate and technical in nature.
Discuss the powers and role of the Judiciary as provided by section 6 of the Nigerian constitution
1999 as amended.15 marks.

6. a. Write short notes on the appointment, qualification and removal from office of the following
Judicial Officers. The Chief Justice of Nigeria and justices of the Supreme Court, The president
and justices of the Court of Appeal.

b. Explain the Constitutional position and the power of the Attorney General of the federation
and the use of power to enter Nolleprosecui in criminal cases in Nigeria.15 marks.
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