Nigerian Bar Final (Bar Part II) Criminal Litigation (Nigeria)

Under Section 35(3) of the Constitution of the Federal Republic of Nigeria 1999, within what time limit must an arrested suspect be informed in writing of the facts and grounds of arrest?

• AImmediately upon arrest
• BWithin 12 hours of arrest
• CWithin 24 hours of arrest
• DWithin 48 hours of arrest

Which of the following correct procedural remedies is available to a suspect whose arrest is conducted in direct violation of Section 7 of the Administration of Criminal Justice Act (ACJA) 2015 (arrest by proxy)?

• AAn application for Fundamental Rights Enforcement under Section 46 of the 1999 Constituti…
• BAn oral application to the Police Service Commission for direct dismissal of the arrestin…
• CA motion on notice for interlocutory injunction restraining the Attorney-General from com…
• DA petition to the National Judicial Council for immediate reassignment of the case file

Under Section 17 of the Administration of Criminal Justice Act (ACJA) 2015, what is the mandatory requirement for taking a suspect's confessional statement to ensure its voluntariness?

• AIt must be taken in the presence of a Magistrate or a High Court Judge.
• BIt must be taken in the presence of the suspect's legal practitioner, an officer of the L…
• CIt must be certified by a Justice of the Peace within 6 hours of recording.
• DIt must be signed by at least two independent police officers who did not participate in…

A private citizen arrests a suspect for committing an indictable offence in his presence. What is the private citizen's immediate duty under Section 22 of the ACJA 2015?

• ATo detain the suspect in a private lockup for a period not exceeding 24 hours while gathe…
• BTo hand over the suspect to a police officer or deliver him to the nearest police station…
• CTo take the suspect directly to a Magistrate's court to plead to a holding charge
• DTo notify the Attorney-General of the State within 48 hours to secure a prosecution fiat

Under the Administration of Criminal Justice Act (ACJA) 2015, which of the following is true regarding the execution of a search warrant?

• AIt can only be executed between the hours of 6:00 AM and 6:00 PM on weekdays.
• BIt can be issued and executed at any time on any day, including a Sunday or public holida…
• CIt cannot be executed on a Sunday unless specifically endorsed by a High Court Judge.
• DIt must be executed within 48 hours of its issue, or it automatically expires.

During the execution of a search warrant on a premises under ACJA 2015, what is the right of the occupant or owner of the premises?

• ATo demand that the search be conducted in their absence to prevent intimidation
• BTo be present during the search and to have a copy of the list of things seized, signed b…
• CTo veto the search of specific rooms by locking them and retaining the keys
• DTo insist that the search be supervised by a legal practitioner before any item is touched

Section 8(2) of the ACJA 2015 prohibits the police from arresting a suspect for a civil wrong. What is the legal effect if a police officer arrests a suspect solely for breach of contract?

• AThe arrest is constitutionally and statutorily illegal, rendering the police liable for d…
• BThe arrest is valid, but the police must transfer the suspect to a civil court within 24…
• CThe arrest is permissible if the breach of contract involves a government contract.
• DThe arrest is voidable only if the suspect files an application for bail within 12 hours.

Where a police officer is conducting a search on a woman, who is authorized to conduct the search under Section 149 of the ACJA 2015?

• AAny police officer, regardless of gender, provided a third-party witness is present
• BOnly a female officer or a female person, with strict regard to decency
• COnly a medical practitioner of either gender
• DA male police officer, provided the search is conducted in a public place

Under the Evidence Act 2011, what is the status of a confessional statement obtained from a suspect through the use of torture or threat of violence?

• AIt is admissible but carries low probative weight.
• BIt is inadmissible under Section 29 of the Evidence Act and Section 34 of the 1999 Consti…
• CIt is admissible if the suspect subsequently signs it in front of a superior police offic…
• DIt is admissible if it leads to the discovery of any fact or exhibit.

Under the Judges' Rules, what must a police officer do immediately before asking a suspect questions about their involvement in a crime?

• AAdminister the statutory caution to the suspect
• BAllow the suspect to contact their local local government chairman
• CObtain written consent from the suspect to be interviewed
• DAdminister an oath on a holy book to ensure the suspect speaks the truth

What is the statutory consequence under ACJA 2015 where a police officer fails to record the arrest of a suspect in the prescribed police station register?

• AThe entire criminal trial of the suspect is automatically nullified.
• BIt is an administrative infraction that does not affect the validity of the arrest, but s…
• CThe suspect is entitled to immediate discharge by the High Court without trial.
• DThe Attorney-General must take over the prosecution within 24 hours.

Which of the following is NOT a valid ground for a police officer to make an arrest without a warrant under Section 18 of the ACJA 2015?

• AA person who commits an offence in the presence of the police officer
• BA person who obstructs a police officer while in the execution of his duty
• CA person who refuses to pay a civil debt upon demand by a creditor
• DA person reasonably suspected of being about to commit an indictable offence

Under Section 15 of the ACJA 2015, what must the police do when recording the personal data of an arrested suspect?

• AThey must take the suspect's fingerprints and may take their photograph.
• BThey must perform a DNA swab test of the suspect.
• CThey must publish the suspect's mugshot in a national newspaper within 24 hours.
• DThey must record the suspect's bank account details and biometric verification number (BV…

Under Section 9 of the ACJA 2015, which of the following is the correct rule regarding the searching of an arrested suspect?

• AThe police may search the suspect and place all seized items in custody, but must allow t…
• BThe police must strip the suspect completely naked to search for hidden contraband.
• CThe suspect can only be searched if they give written consent.
• DThe suspect must be searched in the presence of a judicial officer.

What is the statutory requirement under ACJA 2015 for the disposal of exhibits seized during a search?

• AThey must be sold immediately to fund the investigation.
• BThey must be kept in safe custody, inventoried, and presented to the court at the trial.
• CThey must be returned to the suspect's lawyer within 7 days.
• DThey must be destroyed if they are not claimed within 48 hours.

Under Section 10 of the ACJA 2015, what must a police officer do if they find offensive weapons on a suspect during a search?

• ADeliver the weapons to the nearest court or police station immediately
• BConfiscate the weapons and keep them for personal defense
• CReturn the weapons if the suspect possesses a valid local gun license
• DDestroy the weapons immediately on the spot

Where a suspect is arrested and detained without bail for 5 days in a police cell, what constitutional right is violated under Section 35(4) of the 1999 Constitution?

• AThe right to freedom of movement
• BThe right to personal liberty
• CThe right to privacy and family life
• DThe right to freedom of expression

What is the statutory role of the Legal Aid Council of Nigeria during police interrogation under the ACJA 2015?

• ATo act as independent prosecutors on behalf of the state
• BTo provide legal representation and act as observers during the recording of suspect stat…
• CTo veto police decisions to grant administrative bail
• DTo conduct search warrant executions on private law offices

Under the Evidence Act 2011, when is an identification parade necessary during police investigations?

• AIn every criminal case before the suspect is arraigned in court
• BWhere the identity of the suspect is in dispute and the victim or witness did not know th…
• COnly when the suspect demands it in writing through their legal practitioner
• DWhen the offence carries a mandatory sentence of death

A search warrant is issued to search for stolen jewelry. During the search, the officers find illegal firearms. What can they legally do under ACJA 2015?

• AThey must ignore the firearms as they were not specified in the search warrant.
• BThey can seize the firearms and arrest the occupant, as the search warrant authorizes the…
• CThey must lock the premises and apply for a new search warrant specifically for the firea…
• DThey must destroy the firearms on the spot and proceed with the jewelry search.

Under Section 251(1) of the Constitution of the Federal Republic of Nigeria 1999, which court has exclusive criminal jurisdiction over offences relating to customs duties, aviation, and banking?

• AThe Magistrate Court
• BThe State High Court
• CThe Federal High Court
• DThe National Industrial Court

What is the statutory maximum period of a remand order in the first instance under Section 296 of the ACJA 2015?

• A7 days
• B14 days
• C30 days
• D60 days

Under Section 296(2) of the ACJA 2015, for what maximum duration can a Magistrate Court renew a remand order if the police show good cause?

• A7 days
• B14 days
• C30 days
• D60 days

Which of the following describes the legal nature of a 'holding charge' in Nigerian criminal litigation?

• AIt is a valid procedural step to keep a suspect in custody while the High Court prepares…
• BIt is an unconstitutional practice where a suspect is arraigned before a court that lacks…
• CIt is a specialized fast-track charge used by the Economic and Financial Crimes Commissio…
• DIt is a charge filed to hold a suspect's assets during a criminal investigation.

Which court has the primary jurisdiction to try a suspect accused of armed robbery under the Robbery and Firearms (Special Provisions) Act in a Nigerian State?

• AThe Magistrate Court
• BThe State High Court
• CThe Federal High Court
• DThe Court of Appeal

Under Section 293 of the ACJA 2015, what is the prerequisite for a Magistrate Court to entertain an application for the remand of a suspect?

• AThe suspect must be arrested for an offence punishable by death or life imprisonment.
• BThe suspect must be arrested for an offence for which the Magistrate Court has no jurisdi…
• CThe suspect must agree in writing to be remanded in custody.
• DThe Attorney-General of the Federation must issue a letter of authorization.

Under the Constitution of Nigeria 1999, which court has original and exclusive jurisdiction to try criminal matters involving disputes between a State and the Federal Government?

• AThe Federal High Court
• BThe Court of Appeal
• CThe Supreme Court
• DThe State High Court

What is the legal effect where a criminal trial is conducted and concluded in a venue outside the judicial division where the offence was committed?

• AThe entire trial is null and void for lack of territorial jurisdiction.
• BIt is a mere irregularity that does not affect the judgment, unless the accused shows it…
• CThe prosecution must pay damages to the accused for territorial error.
• DThe case is automatically transferred to the Supreme Court for re-trial.

Which court has jurisdiction to try a suspect who commits a federal offence on the high seas or within Nigeria's territorial waters?

• AThe State High Court of the nearest state
• BThe Federal High Court
• CThe Customary Court of Appeal
• DThe Magistrate Court

Under Section 298 of the ACJA 2015, what must a Magistrate do if a suspect remanded in custody is not charged or released after the expiration of the second remand period?

• AOrder the immediate arrest of the Commissioner of Police
• BIssue a summons for the prosecution to show cause why the suspect should not be released…
• CTransfer the case file to the State Governor for executive pardon
• DStrike out the case and declare the suspect permanently immune from future prosecution

Which of the following criminal cases can be tried in a Magistrate Court in Lagos State?

• AMurder
• BArmed Robbery
• CTheft of property worth ₦50,000
• DTreason

Which court has the appellate jurisdiction to hear appeals from the decisions of the Customary Court of Appeal of a State on criminal matters?

• AThe State High Court
• BThe Court of Appeal
• CThe Supreme Court
• DCustomary Courts of Appeal do not have criminal jurisdiction

Under the Constitution of the Federal Republic of Nigeria 1999, which body is responsible for managing the prosecution of federal offences at the Federal High Court?

• AThe State Attorney-General
• BThe Attorney-General of the Federation (through the Federal Ministry of Justice)
• CThe Chief Judge of the Federal High Court
• DThe National Judicial Council

What is the statutory limitation on the sentencing power of a Chief Magistrate in most Nigerian states?

• AA Chief Magistrate can impose any sentence, including the death penalty.
• BA Chief Magistrate cannot impose a sentence exceeding 14 years imprisonment, or as limite…
• CA Chief Magistrate is limited to imposing fines only, and cannot jail suspects.
• DA Chief Magistrate has no sentencing power and must refer all convictions to the High Cou…

Which court has the jurisdiction to hear an application for the enforcement of fundamental rights filed by a suspect detained by the EFCC?

• AOnly the State High Court
• BOnly the Federal High Court
• CEither the State High Court or the Federal High Court in the state where the detention oc…
• DOnly the Court of Appeal

Under what condition can a State High Court try an offence created under a Federal Act?

• AOnly if the State Attorney-General obtains a fiat or delegation of power from the Attorne…
• BUnder no circumstances, as Federal Acts are within the exclusive jurisdiction of the Fede…
• CIf the State Governor signs an executive order authorizing the trial
• DIf the accused person waives their right to be tried in the Federal High Court

Which of the following courts does NOT have criminal appellate jurisdiction in Nigeria?

• AThe High Court of a State
• BThe Federal High Court
• CThe National Industrial Court
• DThe Customary Court of Appeal

What is the statutory role of the Attorney-General regarding the control of criminal prosecutions under Section 174 of the 1999 Constitution?

• AThe A-G must obtain the permission of the Chief Judge before taking over a case.
• BThe A-G has absolute power to institute, take over, or discontinue any criminal proceedin…
• CThe A-G can only prosecute cases initiated by the police.
• DThe A-G's powers are subject to the approval of the Federal Executive Council.

Under the ACJA 2015, what happens to a criminal case file if the DPP's legal advice states that there is no prima facie case against the suspect?

• AThe suspect must be discharged immediately by the court.
• BThe police can ignore the advice and proceed with the trial.
• CThe suspect must remain in remand for an additional 60 days to allow for a second opinion.
• DThe case is automatically referred to the Supreme Court.

Which court has jurisdiction to try a juvenile (a person under 18 years) accused of a criminal offence in Nigeria?

• AThe State High Court
• BThe Child-Friendly High Court
• CThe Family Court (sitting as a Child Justice Court)
• DThe Customary Court

Which of the following is a recognized mode of commencing criminal proceedings in the High Court of a State under the ACJA 2015?

• ABy filing a Writ of Summons and Statement of Claim
• BBy filing an information or charge sheet, accompanied by proof of evidence
• CBy filing a petition to the Chief Judge of the State
• DBy presenting the suspect physically to the High Court Registrar

What is the rule against duplicity in drafting criminal charges in Nigeria?

• AA charge must not contain more than two counts.
• BA single count in a charge must not accuse a defendant of committing more than one offenc…
• CTwo defendants cannot be joined in the same charge sheet.
• DA defendant cannot be charged with the same offence twice in different courts.

Under the ACJA 2015, what is the consequence where the prosecution joins two distinct offences committed in different transactions in a single count?

• AThe entire charge is automatically void and the defendant must be set free.
• BThe count is duplicitous, and the court can amend it or the defendant must object before…
• CThe trial is automatically transferred to the Federal High Court.
• DThe prosecution must pay a fine to the court registry.

Which of the following represents a correct exception to the rule that every distinct offence must be charged in a separate count?

• AOffences committed in the course of the same transaction can be joined in different count…
• BOffences committed by different suspects in different states can be joined in one count.
• CCivil claims and criminal offences can be joined in one count.
• DCapital offences and minor offences must always be charged in a single count to save time.

Under Section 216 of the ACJA 2015, at what stage of the trial can the prosecution apply to amend a charge sheet?

• AOnly before the defendant enters their plea
• BAt any time before judgment is delivered
• COnly after the prosecution closes its case
• DOnly with the written consent of the defendant

What must the court do immediately after a charge sheet is amended under the ACJA 2015?

• AConvict the defendant immediately on the amended charge
• BRead and explain the amended charge to the defendant and take their fresh plea
• CDischarge the defendant and order a new trial before a different judge
• DOrder the prosecution to pay costs to the defense

Under Section 161 of the ACJA 2015, which court has the power to grant bail to a suspect charged with an offence punishable by death?

• AThe Magistrate Court
• BThe State High Court or Federal High Court
• CThe Police Officer in charge of the station
• DThe Customary Court

Under Section 162 of the ACJA 2015, what is the statutory presumption regarding bail for a defendant charged with a felony carrying a sentence exceeding 3 years?

• ABail is mandatory and must be granted without any conditions.
• BThe court shall release the defendant on bail unless the prosecution establishes specific…
• CBail is strictly prohibited for all felonies.
• DBail can only be granted if the defendant pays a cash deposit into the court registry.