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Free Practice Questions for Niger CAPA Avocat

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Key Facts: Niger CAPA Avocat Exam

Coefficient 4

Weight of the 4-hour droit processuel written paper

Règlement d'exécution n° 001/2019/COM/UEMOA, Article 15

7/20

Any written mark at or below this level is eliminatory

Règlement d'exécution n° 001/2019/COM/UEMOA, Article 15

10/20

Overall average required for admission after the orals

Règlement d'exécution n° 001/2019/COM/UEMOA, Article 17

3 years

Effective length of the stage after the CAPA

Règlement n° 05/CM/UEMOA, Article 27

Independent English-language practice for Niger's CAPA, the UEMOA-harmonised bar exam run by the Ordre des Avocats du Niger. Questions cover procedure, OHADA enforcement, arbitration and mediation, deontology, tax and legal English; the real exam is written and oral, in French.

Sample Niger CAPA Avocat Practice Questions

Try these sample questions to review concepts for the Niger CAPA Avocat exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 105+ question experience with AI tutoring.

1Under Article 2 of the OHADA Uniform Act on Arbitration (AUA, 2017), which disputes may a natural or legal person submit to arbitration?
A.Only disputes between two registered traders (commerçants) arising from commercial acts done for their business
B.Only disputes whose amount exceeds the jurisdictional ceiling of the Tribunal d'instance
C.Disputes concerning rights that the person may freely dispose of (droits dont elle a la libre disposition)
D.Any dispute at all, including disputes over a person's civil status or legal capacity
Explanation: Article 2 of the AUA allows any natural or legal person to arbitrate 'sur les droits dont elle a la libre disposition'. The test is whether the right can be freely disposed of, not the status of the parties or the amount at stake. The same article lets States and other public bodies be parties as well.
2A Nigerien public établissement signs a contract containing an arbitration clause, then argues before the arbitral tribunal that its own national law forbids public bodies to arbitrate. How does Article 2 of the OHADA Uniform Act on Arbitration treat that argument?
A.It fails: a public body cannot rely on its own law to contest arbitrability, its capacity or the clause's validity
B.It succeeds automatically, because claims against public bodies belong to the administrative chamber of the Cour d'État
C.It succeeds only if the contract is classified as an administrative contract under national law
D.It must first be referred to the CCJA for a preliminary ruling before the arbitral tribunal can continue
Explanation: Article 2, paragraph 2, of the AUA allows States, territorial collectivities, public establishments and other public-law persons to be parties to arbitration 'quelle que soit la nature juridique du contrat', and bars them from invoking their own law to contest arbitrability, their capacity to compromise or the validity of the arbitration agreement.
3Under Article 3-1 of the OHADA Uniform Act on Arbitration, what distinguishes a clause compromissoire from a compromis?
A.A clause compromissoire must be made by notarial deed, whereas a compromis may be agreed orally
B.A clause compromissoire is used only in domestic arbitration, whereas a compromis is used only in international arbitration
C.A clause compromissoire always designates the CCJA, whereas a compromis always sets up an ad hoc tribunal
D.A clause compromissoire covers future contractual disputes; a compromis settles a dispute that already exists
Explanation: Article 3-1 defines the clause compromissoire as the parties' undertaking to arbitrate disputes that may arise from a contractual relationship, and the compromis as the agreement of parties to an existing dispute to settle it by arbitration. Either must be in writing or provable by any other means, including reference to a document containing it.
4A party claims that a supply contract is void for fraud and argues that the arbitration clause inside it falls with the contract. Under Article 4 of the OHADA Uniform Act on Arbitration, what is the position?
A.The clause falls with the main contract, so the state court automatically regains jurisdiction
B.The clause is independent of the main contract, so the contract's nullity does not affect its validity
C.The clause survives only if it was signed on a separate page from the rest of the contract
D.The clause survives only if the national law chosen to govern the main contract expressly provides for it
Explanation: Article 4 states that the arbitration agreement is independent of the main contract, that its validity is not affected by the contract's nullity, and that it is assessed according to the parties' common intention without necessary reference to a state law. The arbitral tribunal can therefore hear the fraud allegation itself.
5Under Article 11 of the OHADA Uniform Act on Arbitration, who rules on a challenge to the existence or validity of the arbitration agreement, and when must a party raise lack of jurisdiction?
A.The President of the Tribunal de commerce, at any stage of the arbitral proceedings
B.The arbitral tribunal itself; the objection must come before any defence on the merits
C.The CCJA, within two months of the request for arbitration
D.The arbitral tribunal, but only after the award has been made, within the annulment proceedings
Explanation: Article 11 gives the arbitral tribunal sole power to rule on its own jurisdiction, including the existence and validity of the arbitration agreement. The objection must be raised before any defence on the merits unless the facts were revealed later, and the tribunal may decide it in the final award or in a partial award open to annulment.
6If the arbitration agreement sets no time limit, how long may the arbitral tribunal's mission last under Article 12 of the OHADA Uniform Act on Arbitration?
A.Three months from the request for arbitration, with no possible extension
B.Twelve months from the date the underlying contract was signed
C.Until the parties withdraw their claims, since the Act sets no limit
D.Six months from the last arbitrator's acceptance, unless extended
Explanation: Article 12 provides that, absent a time limit in the agreement, the mission may not exceed six months from the day the last arbitrator accepted it. The statutory or agreed period may be extended by the parties' agreement or, at the request of a party or the tribunal, by the competent court of the State Party.
7A party sues before the Tribunal de commerce de Niamey despite an arbitration clause, and no arbitral tribunal has yet been constituted. The defendant asks the court to decline jurisdiction. Under Article 13 of the OHADA Uniform Act on Arbitration, what must the court do?
A.Decline jurisdiction unless the clause is manifestly null or manifestly inapplicable
B.Keep the case, because state courts retain jurisdiction until an arbitral tribunal has actually been constituted
C.Stay the case for six months so the parties can appoint their arbitrators
D.Decline jurisdiction of its own motion, even if neither party relies on the clause
Explanation: Under Article 13, a state court seized of a dispute covered by an arbitration agreement must decline jurisdiction if a party asks, even before the tribunal is seized, unless the agreement is manifestly null or inapplicable; it then rules on its jurisdiction in last resort within 15 days, subject only to cassation before the CCJA. It cannot raise its incompetence of its own motion, though in urgent cases it may still order provisional or conservatory measures.
8Under Article 25 of the OHADA Uniform Act on Arbitration, which recourse may a party to the arbitration bring against the award before the competent court of the State Party?
A.An ordinary appeal (appel) on the merits before the Cour d'Appel of the place of arbitration
B.An opposition, if the losing party did not appear before the tribunal
C.A recours en annulation, then only cassation before the CCJA
D.A pourvoi en cassation before the judicial chamber of Niger's Cour d'État
Explanation: Article 25 provides that an award is not open to opposition, appeal or cassation. A party may bring a recours en annulation before the competent court of the State Party, and the decision on that recourse is open only to cassation before the CCJA. Third parties and newly discovered facts are handled by other remedies (tierce opposition and révision).
9A company that was not a party to an OHADA arbitration finds that the award prejudices its rights. Separately, a party to the arbitration discovers a decisive fact that was unknown to it and to the tribunal before the award. Under Article 25 of the OHADA Uniform Act on Arbitration, where are these two remedies brought?
A.Both before the CCJA in Abidjan, which supervises all OHADA arbitral awards
B.Both before the arbitral tribunal that made the award
C.The tierce opposition before the arbitral tribunal; the révision before the Cour d'Appel as an annulment action
D.Tierce opposition: the state court that would otherwise have had jurisdiction; révision: the arbitral tribunal
Explanation: Since the 2017 revision, Article 25 lets any person bring a tierce opposition before the court of the State Party that would have had jurisdiction absent arbitration when the award prejudices its rights. A recours en révision for a newly discovered decisive fact goes before the arbitral tribunal, or before that same state court if the tribunal can no longer be reconvened.
10Which of the following is NOT a ground for annulment of an arbitral award under Article 26 of the OHADA Uniform Act on Arbitration?
A.The tribunal ruled without an arbitration agreement or on a null or expired agreement
B.The adversarial principle (principe du contradictoire) was not respected
C.The tribunal misinterpreted the contract or applied the governing law incorrectly
D.The award is contrary to international public order (ordre public international)
Explanation: Article 26 lists the only admissible grounds: no agreement or a null or expired one; irregular composition of the tribunal; failure to comply with its mission; breach of the adversarial principle; conflict with international public order; and total absence of reasons. A mere error of fact or law on the merits is not on the list, because annulment is not an appeal.

About the Niger CAPA Avocat Exam

The Certificat d'Aptitude à la Profession d'Avocat (CAPA) is the diploma required to enter the stage of the Barreau du Niger. UEMOA Regulation n° 05/CM/UEMOA (Article 23) instituted the exam, and Règlement d'exécution n° 001/2019/COM/UEMOA sets its subjects, coefficients and pass marks for every UEMOA Bar. Candidates must be UEMOA nationals with a Master II or Maîtrise in law and must first complete the compulsory preparation at the Bar's CFPA, which they enter through a concours. The Bar's CFPA entrance concours set for 8–9 October 2025 was postponed on the Justice Minister's instructions, so check the Bar's announcements for current dates.

Exam sponsor: Ordre des Avocats du Niger (Barreau du Niger), with preparation at its Centre de Formation Professionnelle des Avocats (CFPA). The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Assessment

Under Règlement d'exécution n° 001/2019/COM/UEMOA, the Barreau du Niger holds one CAPA session a year. Written admissibility: droit processuel (criminal, civil, commercial, administrative and labour procedure and enforcement; coefficient 4, 4 hours), modes alternatifs de règlement des litiges (coefficient 3, 3 hours) and culture générale (coefficient 2, 3 hours). Oral admission, as a grand oral or plaidoirie of 30 minutes: déontologie (2), pratique professionnelle (2), culture générale (1), fiscalité (1) and anglais (1). The exam is in French apart from the English oral. This bank offers English-language MCQ study practice and does not simulate the written drafting, culture générale or oral tests.

Time Limit

Written: 4 h + 3 h + 3 h; each oral test 30 minutes

Passing Score

10/20 overall average; any written mark of 7/20 or less is eliminatory, and a 10/20 written average is needed to reach the orals

Exam / Certification Fees

not-published

Exam sponsor website

Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.

Our practice resources: topics covered

We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.

about 14% of this practice bank (15 questions)

Droit processuel: civil, commercial, administrative and labour procedure

Niger's Code de procédure civile, CCJA cassation, commercial-court conciliation, the prior administrative recourse and labour-court referral.

about 11% of this practice bank (12 questions)

Droit processuel: OHADA enforcement (voies d'exécution)

The revised AUPSRVE of 2023: injonction de payer, seizures, astreinte and enforceable titles.

about 22% of this practice bank (23 questions)

Droit processuel: criminal procedure

Niger's Code de procédure pénale and the defence rights in Regulation 05/CM/UEMOA.

about 20% of this practice bank (21 questions)

Modes alternatifs de règlement des litiges

OHADA arbitration and mediation under the 2017 Uniform Acts.

about 29% of this practice bank (30 questions)

Déontologie and pratique professionnelle

The UEMOA Regulation, Code de déontologie and harmonised internal rules for avocats.

about 4% of this practice bank (4 questions)

Fiscalité and legal English

UEMOA VAT rules, Niger's VAT rate and English for key procedural terms.

Preparing for the Niger CAPA Avocat Exam

What You Need to Know

  • Passing score: 10/20 overall average; any written mark of 7/20 or less is eliminatory, and a 10/20 written average is needed to reach the orals
  • Assessment: Under Règlement d'exécution n° 001/2019/COM/UEMOA, the Barreau du Niger holds one CAPA session a year. Written admissibility: droit processuel (criminal, civil, commercial, administrative and labour procedure and enforcement; coefficient 4, 4 hours), modes alternatifs de règlement des litiges (coefficient 3, 3 hours) and culture générale (coefficient 2, 3 hours). Oral admission, as a grand oral or plaidoirie of 30 minutes: déontologie (2), pratique professionnelle (2), culture générale (1), fiscalité (1) and anglais (1). The exam is in French apart from the English oral. This bank offers English-language MCQ study practice and does not simulate the written drafting, culture générale or oral tests.
  • Time limit: Written: 4 h + 3 h + 3 h; each oral test 30 minutes
  • Exam / certification fees: not-published Official sources

Using Our Practice Resources

  • Work through all 105 available questions
  • Review every answer and explanation
  • Track weak areas and revisit them
  • Use our AI tutor for tough concepts

Niger CAPA Avocat: Suggested Study Strategy

1Learn the current texts: the AUPSRVE revised in 2023 (for example, a 10-day opposition to an injonction de payer), Niger's 2015 Code de procédure civile and the Cour d'État that replaced the Cour de cassation and Conseil d'État in 2023.
2For deontology, work from UEMOA Regulation n° 05/CM/UEMOA, the UEMOA Code de déontologie and the Règlement intérieur harmonisé; they override contrary provisions of Loi n° 2004-42.
3Keep a table of procedural deadlines (appeal, référé, opposition, cassation, dénonciation and contestation periods) and the event that starts each one.
4Practise arbitration and mediation scenarios under the 2017 OHADA Uniform Acts, which carry a coefficient-3 written paper.
5Use these MCQs to check knowledge, then practise timed drafting, a note de synthèse and a 30-minute plaidoirie in French.

Frequently Asked Questions

What does the Niger CAPA exam consist of?

Three written admissibility papers (droit processuel, 4 hours, coefficient 4; modes alternatifs de règlement des litiges, 3 hours, coefficient 3; culture générale, 3 hours, coefficient 2), then five 30-minute oral tests in déontologie, pratique professionnelle, culture générale, fiscalité and English. Any written mark of 7/20 or less is eliminatory, and admission requires a 10/20 average.

Who can sit the CAPA in Niger?

Nationals of a UEMOA Member State holding a Master II in law recognised by CAMES, a Maîtrise in law or an equivalent diploma, who have completed the compulsory preparation at the Barreau du Niger's CFPA. Admission to the CFPA is by a concours organised by the Bar.

What happens after obtaining the CAPA?

The successful candidate applies for the stage list (minimum age 21, with an undertaking from a maître de stage sworn in for at least seven years), takes the oath before the Cour d'Appel and completes a three-year stage. Inscription on the tableau requires the certificat de fin de stage and a minimum age of 24.

Is this practice bank an official CAPA paper or a simulation of the exam?

No. It is an independent English-language MCQ study adaptation by OpenExamPrep. The real CAPA is written and oral and is taken in French; this bank does not reproduce its drafting exercises, culture générale paper or oral tests, and it is not an official translation.

When is the next CFPA entrance concours?

The Barreau du Niger scheduled its 2025 CFPA entrance concours for 8–9 October 2025, but postponed it on the Justice Minister's instructions and said new dates would be announced. Check barreauduniger.ne for the current calendar.