NATIONAL OPEN UNIVERSITY OF NIGERIA

UNIVERSITY VILLAGE, PLOT 91, CASDASTRAL ZONE, NNAMDI AZIKIWE EXPRESS WAY, JABI, ABUJA.
FACULTY OF LAW
NOVEMBER 2018 EXAMINATION

COURSE CODE:      PUL342         

COURSE TITLE:     CRIMINAL LAW II

CREDIT UNITS:       4         

TIME ALLOWED:   2 ½ HOURS

INSTRUCTION:       ANSWER QUESTION 1 (ONE) AND ANY OTHER 3 (THREE) QUESTIONS.    (QUESTION 1 (ONE) ATTRACTS 25 MARKS WHILE OTHERS ARE 15 MARKS EACH)

1a.      People numbering over 200 gathered at a public place to peacefully protest the non-payment of minimum wage by the Federal Government.  The police swooped on them and arrested 50 of them on grounds that they are likely to cause breach of public peace.  Advice those arrested of the legality of the police action starting what is essential to be proved in the offence of an unlawful assembly.

1b.      Koji in company of three of his friends were on a frolic at the Bar Beach, Lagos.  Midway into their discussion, there was a disagreement as to who was the most honest.  This resulted in a serious fight between Koji and Annan, one of the friends.  They were subsequently charged for the offence of affray.  Advise Koji and Annan as to the appropriateness of this charge stating what is essential to be proved in the offence of affray.

2a.     Gabriel, John, James and Peter were charged with the offence of intending to levy war against Nigeria which is manifested by the overt acts of their two weeks of intensive training session of how to effectively aim and get a target with the locally made gun.  They claimed that they were merely training to defend themselves in the event of any unprovoked attack on their community.  Advice them on whether they have committed any offence.

2b.      Can someone be tried for the offence of concealing treason five years after the offence has been committed?

3.       Andy is standing trial for the offence of stealing.  Bongo, the Prosecuting Police Officer demanded the sum of N20,000.00 from Andy to delay the prosecution of the case and also to destroy a material evidence against Andy. 

 Advise as to the offence or offences committed by Bongo with the aid of authorities.

4a.      Discuss  the duty imposed by the ICPC Act on a public officer to whom bribe has been given, promised or offered, or any person from whom bribe has been solicited, obtained or attempt made to obtain from.

4b.      What is the objective of the Money Laundering Act, 2011 in prohibiting laundering of the proceeds of crime or illegal act?

5.       Victors and Conqueror, Spider and Octopus are members of two different cults in Obodo town.  For the past two weeks, there have been a lot of conflicts resulting in both cults killing their members.  Not satisfied with the destruction, Conqueror heard that some members of Victor’s cult were hiding in a building in the town and set fire to the building which had thatched roof.  A woman living in the building was incidentally badly burnt and she died of the burns a few days later in spite of good medical attention.  Conqueror has been charged for murder.

a.        Determine if Conqueror’s arrest for murder can be sustained stating the applicable provisions of the law.

b.       The killing of a human being by another is not permitted under our laws.  However, there are instances where such will be permitted. Discuss.

6.       With your understanding of punishment, explain with the aid of authorities the following:

a.        Reformation

b.       Deterrence

c.        Retribution