NATIONAL OPEN UNIVERSITY OF NIGERIA

UNIVERSITY VILLAGE, PLOT 91, CASDASTRAL ZONE, NNAMDI AZIKIWE EXPRESS WAY, JABI, ABUJA.
FACULTY OF LAW
SEPTEMBER/OCTOBER 2015 EXAMINATION

COURSE CODE: LAW 342

COURSE TITLE: CRIMINAL LAW II

TIME ALLOWED: 2 ½ HOURS

INSTRUCTION: QUESTION ONE IS COMPULSORYAND YOU ARE TO ANSWER ANY OTHER THREE (3) QUESTIONS. All questions carry 17.5 marks

1(a). Explain the importance of the difference between stealing and embezzlement.

(b). Patience dipped her hands into the handbag of Peace, took out Peace purse and searched the purse. She did not find any money in the purse and decided to return the purse. She was however caught and arrested while returning the purse. Advise the police as to what charge, if any to prefer against her. Would your answer be different if she was caught while trying to remove the purse.

2a. Otunba Festus Ojo gave the sum of two millon Naira to Mr Friday to keep for him. Mr Friday however used the money to pay his children’s school fees and was unable to return the money upon demand by Otunba Ojo. Advise Otunba Ojo as to the possible legal action he can institute against Friday

b. Tyson introduced himself to Chief Ego as the future Presidential candidate of the Ruling Party. Chief Ego then gave him ten millon Naira in furtherance of his future campaign. Tyson,however, did not contest the election. Chief Ego is aggrieved. Advise him.

3. In 2011, James, a contestant in the Local Government Election has been threatening to kill the Chairman of the Major Local Government Area if the Chairman does not resign. He also threatens to destabilize the Local Government Council except he is returned as the Chairman. He was promptly declared wanted by the police for the offence of treason. Advise him. Would the State be competent to try him if he was eventually arrested in 2014.

4. Zion is a student of Close University. During the University rag day, Zion opened the wardrobe she shares with her roommate Queen. Zion removed Queen’s jean trousers and cut the trousers into rag fit for the rag day. Having used the cut jeans trouser for the rag day, Zion returned it to the wardrobe. Examine the criminal liability of Zion if any?

5. Jacob had been married to Esther for 8 years now and they have been living happily. However, for some six months now, Jacob has been having an affair with Glory. Esther is very upset about this and in order to frighten Glory, she decided to set fire on her house. Glory lives in the house with her three children. Two of the children died from burning. Esther pleads that at the time of her action, she had no intention to cause death or grevious harm. With the aid of judicial authorities, advise the court.

6. In Samuel v Joseph, the court gave a decision in favour of Samuel in an action in which Samuel was an officer of the Government. Thomas, counsel to Joseph published an article captioned, ’The Dangers of the judicial system in Nigeria’, referring to the decision of the court. He also alleged that judges of the court are under the subjection of the Executive and will not dare give a decision unfavourable to the Government and that their decision will always be compatible with the wishes of the Executive. Comment on the conduct of the counsel and likely charges that can be preferred against him.