Nigerian Bar Part I Nigerian Legal System (Nigeria)

What is the significance of January 1, 1900, in the context of the sources of Nigerian law?

• AIt is the cutoff date for received English Statutes of General Application to be applicab…
• BIt is the date when the Supreme Court of Nigeria was established as the highest court.
• CIt is the date when customary law was formally codified by the colonial administration.
• DIt is the date of the amalgamation of the Northern and Southern Protectorates of Nigeria.

To qualify as a 'Statute of General Application' in Nigeria, which tests must an English statute satisfy under judicial precedent?

• AIt must have been in force in England on January 1, 1900, and must apply to all classes o…
• BIt must be signed by the British Monarch and specifically mention the Colony of Nigeria i…
• CIt must have been approved by the local legislative councils of the Northern and Southern…
• DIt must deal strictly with criminal law and public administration to the exclusion of pri…

What is the status of received English Statutes of General Application in the states of the former Western Region of Nigeria?

• AThey have been completely repealed and replaced by local enactments, such as the Property…
• BThey apply concurrently with local statutes and prevail in the event of any conflict.
• CThey are persuasive only and can be departed from by State High Courts at will.
• DThey apply only to disputes involving foreign entities or non-Nigerian citizens.

Which of the following describes the reception of English Common Law and the Doctrines of Equity in Nigeria?

• AThey are received without any cutoff date and continue to apply as they evolve in England…
• BThey are subject to the strict cutoff date of January 1, 1900, just like Statutes of Gene…
• CThey only apply to civil commercial disputes and are excluded from criminal law matters.
• DThey are codifications of local customs that have been verified by the Council of Legal E…

In the event of a conflict between a rule of English Common Law and a Doctrine of Equity, which prevails in the Nigerian legal system?

• AThe Doctrine of Equity prevails, in line with the Judicature Act 1873.
• BThe Common Law rule prevails as it is the older and more fundamental source.
• CThe conflict is resolved by applying the Customary Law of the locality.
• DThe matter must be referred to the Attorney General of the Federation for a ruling.

What is the effect of an inconsistency between a local Nigerian statute and a received English law?

• AThe local Nigerian statute prevails, and the received English law is void to the extent o…
• BThe received English law prevails because it is a primary source of the common law system.
• CThe court must apply the doctrine of reciprocal utility to balance both laws equally.
• DThe issue must be referred to the National Assembly for a constitutional amendment.

For a customary law to be enforceable in a Nigerian court, it must pass the validity tests. Which of the following is one of these tests?

• AIt must not be repugnant to natural justice, equity, and good conscience.
• BIt must be written in a local language and registered with the State Ministry of Justice.
• CIt must have been practiced since the pre-colonial era without any modification.
• DIt must be approved by a majority vote of the State House of Assembly.

The incompatibility test for the validity of customary law in Nigeria requires that the custom must not be incompatible with what?

• AAny written law for the time being in force.
• BReceived English Common Law and Statutes of General Application.
• CThe decisions of the Judicial Committee of the Privy Council.
• DThe religious beliefs of the majority of the members of the community.

In the landmark case of Eshugbayi Eleko v. Officer Administering the Government of Nigeria, what did the court establish regarding the nature of customary law?

• ACustomary law is dynamic and must be applied as it is currently accepted, not as it was i…
• BCustomary law is static and cannot be modified except by statutory intervention.
• CTraditional rulers have the absolute authority to declare customary law without judicial…
• DCustomary law is automatically invalid if it does not match English common law principles.

Under the Evidence Act 2011, how is a customary law that has not been judicially noticed proved in court?

• ABy calling witnesses who are acquainted with the custom, or by referring to books or manu…
• BBy submitting a certified copy of the custom from the Federal Ministry of Justice.
• CBy the judge using his personal knowledge of the local culture.
• DBy obtaining a written affidavit from the Chairman of the Local Government Council.

Under what condition can a Nigerian court take 'judicial notice' of a custom, dispensing with the need for formal proof?

• AIf the custom has been acted upon by a court of coordinate or superior jurisdiction in th…
• BIf the custom is declared by the traditional ruler of the area in a newspaper publication.
• CIf the plaintiff and defendant jointly sign a consent decree admitting the custom's exist…
• DIf the custom has been registered under the State Customary Law Declaration Law.

What is the status of Islamic Law (Sharia) within the framework of the sources of Nigerian law?

• AIt is generally treated as a type of customary law, but it has distinct statutory and con…
• BIt is received English Law because it was applied in British India before Nigerian indepe…
• CIt is the supreme law of the Federation and overrides all local legislation.
• DIt applies only to criminal cases under the jurisdiction of the Federal High Court.

Which school of Islamic jurisprudence is primarily applied in Sharia courts in Northern Nigeria?

• AThe Maliki School
• BThe Hanafi School
• CThe Shafi'i School
• DThe Hanbali School

Under the doctrine of stare decisis in Nigeria, which decisions are binding on the Court of Appeal?

• ADecisions of the Supreme Court of Nigeria and prior decisions of the Court of Appeal itse…
• BDecisions of the English Court of Appeal and the UK Supreme Court.
• CDecisions of the Federal High Court and State High Courts.
• DDecisions of the National Judicial Council and the Body of Benchers.

When can a division of the Court of Appeal depart from its own previous decision?

• AWhen there are two conflicting decisions of the Court of Appeal, or if the prior decision…
• BWhenever the presiding Justice of the division disagrees with the reasoning of the prior…
• CWhenever the political administration of the country changes from military to civil rule.
• DOnly when the General Council of the Bar issues a practice directive to that effect.

What is the status of decisions of the West African Court of Appeal (WACA) in modern Nigerian courts?

• AThey are treated as equivalent to decisions of the Court of Appeal and are persuasive or…
• BThey are completely void and cannot be cited in any Nigerian court.
• CThey are binding on the Supreme Court of Nigeria.
• DThey enjoy the same status as Statutes of General Application.

What is the status of decisions of the Judicial Committee of the Privy Council in Nigeria today?

• AThey are persuasive only, as appeals from Nigeria to the Privy Council were abolished by…
• BThey remain binding on all Nigerian courts until explicitly overruled by the National Ass…
• CThey are binding only on the Court of Appeal and High Courts, but not on the Supreme Cour…
• DThey apply only to maritime and international trade disputes.

Is a High Court of one State bound by the decisions of a High Court of another State in Nigeria?

• ANo, they are courts of coordinate jurisdiction, so their decisions are only persuasive on…
• BYes, the High Court of Lagos State binds all other State High Courts in commercial matter…
• CYes, if the decision was delivered by a senior judge who has been on the bench for over f…
• DNo, because State High Courts only apply state laws, which are entirely unique to each st…

Which of the following defines the term 'ratio decidendi' in the context of judicial precedent?

• AThe legal principle or reason upon which the court's decision is based, which constitutes…
• BA passing remark made by a judge in a judgment that is not essential to the determination…
• CThe final formal order of the court directing the parties to perform a specific act.
• DThe summary of the facts of the case compiled by the court registrar.

What is the status of an 'obiter dictum' of the Supreme Court of Nigeria in lower courts?

• AIt is highly persuasive and is rarely departed from by lower courts, though it is not str…
• BIt is strictly binding on all lower courts, just like the ratio decidendi.
• CIt has no legal significance and cannot be cited in any legal argument.
• DIt overrides State legislation if there is a conflict between them.

If a customary rule fails the repugnancy test in court, what is the legal consequence?

• AThe court will declare the custom void and refuse to enforce it.
• BThe court will modify the custom to make it conform to modern English law.
• CThe court will refer the custom to the local traditional council for revision.
• DThe court will enforce the custom but fine the party who relied on it.

Which of the following constitutes an example of an 'external aid' to statutory interpretation in Nigeria?

• AThe Interpretation Act or a general English-language dictionary.
• BThe preamble of the statute being interpreted.
• CThe headings and subheadings within the sections of the statute.
• DThe schedules attached to the end of the statute.

In the case of Cole v. Cole, what did the court decide regarding the application of customary law to a marriage celebrated under Christian/Statutory law?

• AThe celebration of a statutory Christian marriage excludes the application of customary l…
• BCustomary law always applies to the distribution of property, regardless of the form of m…
• COnly the customary law of the wife's family applies to statutory marriages.
• DA statutory marriage is void if it is not accompanied by a customary wedding ceremony.

What is the role of the 'public policy' test in determining the validity of customary law in Nigeria?

• AA customary law must not be contrary to the public interest or public policy as determine…
• BA customary law must be approved by the State Governor before it can be enforced.
• CA customary law must be publicized in the government gazette for at least thirty days.
• DA customary law must align with the manifestos of the ruling political parties.

Under the Nigerian legal system, what is the hierarchy of legislation?

• AConstitution, Acts of National Assembly, Laws of State Houses of Assembly, and Local Gove…
• BActs of National Assembly, State Laws, Constitution, and Local Government Bye-laws.
• CState Laws, Acts of National Assembly, Local Government Bye-laws, and Constitution.
• DConstitution, Local Government Bye-laws, State Laws, and Acts of National Assembly.

In which of the following matters does the Supreme Court of Nigeria exercise exclusive original jurisdiction under Section 232(1) of the 1999 Constitution?

• ADisputes between the Federation and a State, or between States, involving any question of…
• BElection petitions challenging the election of the President and Vice-President.
• CCriminal prosecution of public officers for corrupt practices.
• DDisputes arising from contracts between private individuals and the Federal Government.

What is the constitutionally mandated composition of the Supreme Court of Nigeria under Section 230(2) of the 1999 Constitution?

• AThe Chief Justice of Nigeria and such number of Justices of the Supreme Court, not exceed…
• BThe Chief Justice of Nigeria and twelve other Justices, representing each of the geopolit…
• CThe Chief Justice of Nigeria and a minimum of fifty Justices.
• DThe Chief Justice of Nigeria and such number of Judges as the President may appoint in co…

Which court has exclusive original jurisdiction to hear petitions challenging the election of the President or Vice-President of Nigeria?

• AThe Court of Appeal
• BThe Supreme Court
• CThe Federal High Court
• DThe Presidential Election Tribunal sitting at the State High Court

What is the composition of the Court of Appeal of Nigeria as established by the Constitution?

• AThe President of the Court of Appeal and not less than forty-nine Justices, of whom at le…
• BThe President of the Court of Appeal and exactly thirty-six Justices, one from each state.
• CThe President of the Court of Appeal and such number of Justices as the Chief Justice of…
• DThe President of the Court of Appeal and twelve Justices who sit in Abuja only.

Which of the following matters falls within the exclusive civil jurisdiction of the Federal High Court under Section 251(1) of the 1999 Constitution?

• AMatters relating to the revenue of the Government of the Federation, taxation, customs, b…
• BSimple contract disputes where the damages claimed exceed ten million naira.
• CLand disputes concerning family property in urban areas.
• DMatters relating to divorce and custody of children under customary law.

In the light of judicial precedent (e.g., Adelekan v. Ecu-Line), does the Federal High Court have jurisdiction to hear a suit based on a simple contract?

• ANo, the Federal High Court lacks jurisdiction over simple contracts, which remains the do…
• BYes, if the contract was executed in an urban area designated under the Land Use Act.
• CYes, but only if the amount in dispute exceeds fifty million naira.
• DNo, unless both the plaintiff and the defendant are corporate entities registered under t…

What is the nature of the jurisdiction of the State High Court under Section 272(1) of the 1999 Constitution?

• AIt has unlimited jurisdiction to hear and determine any civil or criminal proceedings, ex…
• BIt is restricted to hearing matters arising under State laws only.
• CIt has exclusive jurisdiction in all criminal matters to the exclusion of the Federal Hig…
• DIt is an inferior court of record whose decisions must be approved by the State Governor.

Which court has exclusive original jurisdiction to hear and determine disputes relating to labor, employment, trade unions, and industrial relations in Nigeria?

• AThe National Industrial Court of Nigeria
• BThe Federal High Court
• CThe State High Court
• DThe Industrial Arbitration Panel

Under what circumstances can a party appeal from a decision of the National Industrial Court of Nigeria to the Court of Appeal?

• AAs of right in decisions involving fundamental rights or criminal matters; other civil de…
• BAs of right in all civil decisions, without any requirement for leave.
• CNo appeal lies from the National Industrial Court; its decisions are final and absolute.
• DAppeals lie only to the Supreme Court of Nigeria directly, bypassing the Court of Appeal.

What is the jurisdiction of the Sharia Court of Appeal of a State in Nigeria?

• AIt exercises appellate and supervisory jurisdiction in civil proceedings involving questi…
• BIt has original jurisdiction to try criminal offenses under the Sharia Penal Code.
• CIt hears appeals in land dispute matters from Customary Courts in Northern Nigeria.
• DIt has exclusive jurisdiction to interpret the Constitution on religious matters.

What is the jurisdiction of the Customary Court of Appeal of a State?

• AIt exercises appellate and supervisory jurisdiction in civil proceedings involving questi…
• BIt has original jurisdiction to settle disputes between traditional rulers in the state.
• CIt hears appeals from the Federal High Court on customary matters.
• DIt has jurisdiction to enforce the Fundamental Rights Enforcement Procedure Rules.

Which of the following is NOT categorized as a 'superior court of record' under Section 6(5) of the 1999 Constitution of Nigeria?

• AThe Magistrate's Court
• BThe Federal High Court
• CThe Sharia Court of Appeal of the Federal Capital Territory
• DThe National Industrial Court

What is the key functional difference between a 'superior court of record' and an 'inferior court' in Nigeria?

• ASuperior courts have inherent jurisdiction and the power to punish for contempt, while in…
• BSuperior courts can only hear civil cases, while inferior courts handle criminal matters.
• CInferior courts are managed by the executive branch, while superior courts are managed by…
• DDecisions of inferior courts are binding on superior courts under the doctrine of stare d…

Which body is constitutionally vested with the power to recommend the appointment and discipline of judicial officers of the superior courts of record in Nigeria?

• AThe National Judicial Council (NJC)
• BThe Body of Benchers
• CThe General Council of the Bar
• DThe Senate of the National Assembly

What is the status and jurisdiction of the Code of Conduct Tribunal (CCT) in Nigeria?

• AIt is a specialized statutory tribunal with jurisdiction to try public officers for contr…
• BIt is a division of the Federal High Court that sits only in the Federal Capital Territor…
• CIt is an advisory body whose findings must be ratified by the National Judicial Council.
• DIt is a military tribunal established to try offenses committed during military regimes.

Who is the head of the judiciary of the Federal Republic of Nigeria?

• AThe Chief Justice of Nigeria
• BThe Attorney General of the Federation
• CThe President of the Court of Appeal
• DThe Chairman of the National Judicial Council

Which court has the jurisdiction to hear appeals from a Court Martial in Nigeria?

• AThe Court of Appeal
• BThe Supreme Court
• CThe Federal High Court
• DThe High Court of the State where the offense occurred

What is the maximum timeframe permitted by the Constitution for an Election Petition Tribunal to deliver its judgment in writing after the filing of a petition?

• AOne hundred and eighty days
• BNinety days
• CSixty days
• DThree hundred and sixty-five days

When the Court of Appeal hears an appeal from a Sharia Court of Appeal, how many Justices must sit to hear the case?

• AAt least three Justices of the Court of Appeal who are learned in Islamic personal law.
• BAt least five Justices, of whom one must be a non-Muslim.
• COnly the President of the Court of Appeal sitting alone.
• DA full court of seven Justices representing the federal character.

When the Court of Appeal hears an appeal from a Customary Court of Appeal, what is the required quorum of Justices?

• AAt least three Justices of the Court of Appeal who are learned in Customary law.
• BA minimum of five Justices of the Court of Appeal.
• COne Justice of the Court of Appeal and two traditional rulers as assessors.
• DSeven Justices sitting in a full plenary session.

Under Section 233 of the 1999 Constitution, in which of the following cases does an appeal lie from the Court of Appeal to the Supreme Court 'as of right'?

• ADecisions in civil or criminal proceedings on questions as to the interpretation of the C…
• BAny civil case where the subject matter in dispute is worth more than five million naira.
• CDecisions of the Court of Appeal affirming a sentence of fine in a magistrate court.
• DAny interlocutory decision on a question of fact or mixed law and fact.

Which court has the jurisdiction to hear appeals from the decisions of the Code of Conduct Tribunal?

• AThe Court of Appeal
• BThe Supreme Court
• CThe Federal High Court
• DThe National Judicial Council

What is the status of the High Court of the Federal Capital Territory (FCT) in the hierarchy of Nigerian courts?

• AIt is a superior court of record with coordinate status and jurisdiction equivalent to a…
• BIt is a federal appellate court that sits above State High Courts.
• CIt is subordinate to the State High Courts and only hears municipal disputes in Abuja.
• DIt is an administrative division of the Supreme Court of Nigeria.