Last updated on August 10th, 2023 at 11:35 am
This post discusses how you can get past Nigerian Law School Examination (Bar Finals) questions in a Document or PDF Format.
HOW TO DOWNLOAD/GET ACCESS TO THE PAST QUESTIONS.
It includes the following:
- Corporate Law Practice
- Criminal Litigation
- Civil Litigation
- Professional Ethics and Skills
- Property Law Practice
Below are some Samples of 2020 NIGERIAN LAW SCHOOL BAR FINALS QUESTIONS AND ANSWERS IN CORPORATE LAW PRACTICE (JANUARY)
NIGERIAN LAW SCHOOL
BWARI – ABUJA
BAR EXAMINATION-PART II FINAL
CORPORATE LAW PRACTICE
WEDNESDAY 15TH JANUARY, 2020 TIME ALLOWED: 3 HOURS
INSTRUCTIONS:
THIS PAPER IS DIVIDED INTO TWO SECTIONS. TWO ANSWER BOOKLETS ARE PROVIDED. QUESTIONS FORM EACH SECTION SHOULD BE ANSWERED ON A SEPARATE ANSWER BOOKLET. QUESTIONS 1 AND 4 ARE COMPULSORY. ONE OTHER QUESTION FROM EACH SECTION SHOULD BE ATTEMPTED.
WRITE YOUR EXAMINATION NUMBER ON EACH ANSWER BOOKLET.
SECTION A
QUESTION 1 (COMPULSORY)
After your Call to the Bar Ceremony, Koloka Sansiro, a renowned medical practitioner and a professor of Neurology who won the Nobel Prize in the year 2018 consulted you for the registration of his proposed Medical Research Center to be known as Kalika Centre for Medical Research and Innovation. The research finding and medical inventions from the centre will be made available to Teaching Hospitals in Nigeria.
The proposed Research Centre is Professors Kalika’s modest contribution to humanity as a Nobel Prize Winner.
Answer the following questions:
(a) Name the two options for the registration of Kalika’s Centre for Medical Research and Innovation under the Companies and Allied Matters Act (CAMA)
(b) Advise Professor Kalika on the legality or otherwise of carrying out its objectives prior to registration under the two options identified in (a) above
(c) Outline the advantages of each of the options in (a) above in CAMA.
(d) Assuming that the research finding from the centre is intended to generate income of funds further research by the centre, what will be the most suitable registration option? Give reason(s).
(e) Professor Kalika Sansiro is desirous of registering Kalika’s Centre for Medical Research and Innovation with his wife, Hajia Kaka Sansiro and Aminu Sansiro, his son, aged 16 years. Advise him on the possibility of carrying out his instruction in respect of the two options identified by you in (a) above.
(f) List the documents to be submitted to the Corporate Affairs Commission for the registration of the two options in (a) above.
QUESTION 2
At the 6th Annual General Meeting of Enebi Ebano Nig. Plc, Mrs Adamma Longe was absent because she was not served with the notice of meeting by the company Secretary, who reasoned that she will not attend the Annual General Meeting on the scheduled date as she was going for her swearing in ceremony following her appointment as a Minister of the Federal Republic of Nigeria.
Mrs Adamma is aggrieved and has threatened to sue and enforce her right as a share holder in the company. The members in the General Meeting also resolved to call ano General Meeting before the next Annual General Meeting if need be to evaluate the outcome of the new policy introduced by the company.
Assuming you are the External Solicitor/Legal Adviser to the company, answer the following questions:
(a) Comment briefly on the likely outcome of the suit contemplated by Mrs Adamma in view of the reason given by the company Secretary.
(b) Comment on the possibility of the company holding another General Meeting before the next Annual General Meeting.
(c) Outline the persons entitled to receive notice of the Annual General Meeting of Enebi Ebano Nig. Plc.
(d) Identify (without drafting) the content of a notice of Annual General Meeting of Enebi Ebano Nig. Plc.
(e) Briefly state the circumstances under which the following categories may cal for the General Meeting of Enebi Ebano Nig. Plc.:
(i) Creditors of the company
(ii) Members of the company
(iii) Personal representatives of the shareholders of the company
QUESTION 3
Saba Baba International Limited is a proposed company to be incorporated with the registered address at No. 100 Bagauda Road, Kano, Kano State. The company is to carry on the business of production and sale of ICT equipment and computer accessories. The proposed share capital of the company is N100m divided into 10,000,000 ordinary shares of N10 each. Fifty (50) percent of the shares is to be subscribed and paid for in the proportion of 5:3:2 by Dr. Jackson Apapa, Mrs Beauty Apapa and Bolanle Apapa all of No. 13, Apapa Road, Apapa, Lagos. These subscribers will also serve as the first directors of the company. Mrs Beauty is to engage a solicitor and all needed professionals to handle all issues pertaining to the registration and commencement of business.
Answer the following questions:
(a) Comment on whether or not Miss Beauty Apapa must retain a solicitor for the purpose of registration of Saba Baba International Limited. Give reason(s) for your answer.
(b) List the documents you will submit to CAC for the accreditation of a legal practitioner at the Corporate Affairs Commission.
(c) Outline the steps to be taken for the online availability check and reservation of the proposes name of the company.
(d) Identify the legal status of Mrs Beauty Apapa’s relationship with Saba baba International Limited. Give reason(s) for your answer.
(e) List the documents you will file at the Corporate Affairs Commission for the registration of Saba baba International Limited.
(f) Prepare only the subscription box of the memorandum of Association of the proposed company.
SECTION B
PLEASE USE ANOTHER BOOKLET FOR THIS SECTION
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QUESTION 4 ( COMPULSORY)
The Federal Government of Nigeria in a bid to further shore up the capital Base of commercial banks in the Country and enhance their global competiveness, has issued a directive through the Apex Bank for all commercial Banks to increase their minimum share capital to #500 billion before 31st January, 2020. A number of Banks run the risk of losing their operational license after the said date except strategic restructuring is undertaken. Three of the banks have advanced in their discussion towards corporate combination to avoid the Apex Bank’s big hammer. They are:
i. MoonBank Nig. Plc. with a turn over of 200 billion
ii. Sun Bank Nig. Plc with a turn over of 250 billion
iii. Star Bank Nig. Plc with a turn over of 185 billion
Answer the following questions:
(a) Highlight five(5) relevant laws and five (5) regulatory bodies that will regulate the proposed restructuring in the scenario above.
(b) Identify with reasons the most suitable restructuring options available to the banks in (i), (ii) and (iii) above.
(c) With the aid of relevant statutory authority, explain the legal categorization of the option identified in (b) above.
(d) Enumerate three(3) basic stage you will go through to achieve the restructuring options you identified in (b) above.
(e) Assuming Sun Bank Nig. PLC. withdraws from the corporate combination arrangement in the above scenario with the hope of meeting the Apex bank’s directive on January 31, 2020 but fails in the end, advise the bank on the most suitable option available under the extant laws to preserve depositor’s funds, shareholders’ investments and minimise job loses, among others.
QUESTION 5
In keeping with the global best practices on Good Corporate Governance, a number of Codes have been developed in Nigeria for the governance of companies along the line of organization for Economic Cooperation and Development (OECD) principles.
Answer the following questions:
(a) Identify five(5) indigenous code of Good Governance modelled on the OECD Code in Nigeria and state the sector of the Nigerian economy regulated by each code.
(b) Comment generally on the provisions of the Code of Good Corporate Governance for banks in Nigeria on:
i. Combination of the office of chairman/ Managing Director
ii. Tenure of office of Managing Director/ Chief Executive Officer of Banks.
iii. Quantum of shareholding by individuals and corporate bodies in banks.
(c) Discuss the principle of directors’ retirement by rotation under CAMA.
(d) Highlight the composition and functions of Audit Committee under the Companies and Allied Matters Act.
(e) State the procedrure for the removal of a company Secretary of a public company in Nigeria.
QUESTION 6
Sanni Soun International PLC is bank registered under the Companies and Allied Matters Act with registered office in Maitama, Abuja. The company entered into a contract with Pikaz Sugar Limited for the supply of 100,000 cartons of sugar. Sanni Soun failed to supply the sugar despite full payment for the supply. It has also ignored Pikaz Sugar Limited’s repeated receiving entreaties to supply the contracted goods or refund the sum.
Meanwhile the National Agency for Food and Drugs, Administration and Control (NAFDAC) has revoked the license of Sanni Soun International PLC to manufacture sugar after finding that its product are substandard. Sanni Soun is aggrieved and has threatened to sue NAFDAC. The company is also aggrieved by the decision of the Securities and Exchange Commission in refusing its application for the registration of a prospectus of fresh issue of shares.
Sanni Soun International PLC has therefore embarked on internal restructuring and downsizing of staff. The appointment of three (3) managers and twenty (20) staff were terminated without notice and without payment of disengagement entitlements.
COUNCIL OF LEGAL EDUCATION
NIGERIAN LAW SCHOOL
CORPORATE LAW PRACTICE MARKING SCHEME
BAR PART 11 JANUARY, 2020
SECTION A
QUESTION 1—COMPULSORY (25 MKS)
(a) The two options available for registration of Kalika Center for Medical Research and Innovation are: i. Company Limited by Guarantee and ii. Incorporated Trustees (b) I will advise Professor Kaloka that if he elects Company Limited by Guaranty, it will be illegal to carry out its objectives without registration but if he elects to register Incorporated Trustees, it will be legal to carry on its aims and objectives prior to registration.
(c) Advantages of the two options suggested in A above: Advantages of Company Limited by Guarantee:
i. The whole company enjoys legal personality distinct from its members ii. It can engage in skeletal business solely for the purpose of promoting its object. iii. It is exempted from payment of tax. iv. It is not required to have share capital.
Advantages of Incorporated Trustees include: i. It can carry on its aims and objectives prior to its registration ii. It is more flexible to register since the requirement for consent of the Attorney General of the Federation is not applicable. iii. It is suitable for associations or organizations that might be anti-government.
iv. It is also exempted from payment of tax.
(d) If the Kalika Center intends to make profit, the best registration option would be Company Limited by Guarantee. This is because Company Limited by Guarantee is allowed in law to do skeletal business but any profit realized must be put towards the actualization of its objects. (e) I will advise Professor Kaloka that for a Company Limited by Guarantee, his son (a minor) can join as a member if there are two other adults; section 20 Companies and Allied Matters Act 2004 (CAMA). However, for incorporated Trustees, a minor is totally prohibited from being appointed as a trustee; section 592 CAMA
Therefore, his intentions will be possible for Company Limited by Guarantee but not possible for Incorporated Trustees.
(f) List the documents required for the registration of the two options:
Documents required for registration of Company Limited by Guarantee: i. CAC 1 Availability Search and Reservation of Name
ii. CAC 1.1 Application for Registration of Company iii. Memorandum and Articles of Association duly stamped iv. Valid means of identification of each director and secretary v. Letter of consent from the Attorney General of the Federation approving the Memorandum and Articles of Association. vi. Receipts for the payment of the necessary fees and stamp duties.
Documents required for Incorporated Trustees: i. Form CAC I-Availability check and reservation of name with the name stated as “Incorporated Trustees of …” ii. Duly filled CAC form I.T 1 iii. Copy of the resolution adopting the special clause into the constitution signed by the chairman and secretary. iv. Two printed copies of the Constitution of the organization v. Impression of the proposed Common Seal of the body. vi. Evidence of ownership of land or an undertaking in lieu to own a land within two years of incorporation.
vii. A copy of the Newspapers advertisement in three National dailies calling for objections to the registration of the Association within 28 days.
viii. Two passport photographs of each of the Trustees ix. Copy of the extract of the minutes of the meeting where the Trustees were appointed, having the list of members present.
x. Trustees Declaration Form duly sworn to by each trustee
2020 NIGERIAN LAW SCHOOL BAR FINALS QUESTIONS AND ANSWERS IN CRIMINAL LITIGATION (JANUARY)
NIGERIAN LAW SCHOOL
BWARI – ABUJA
BAR FINALS EXAMINATIONS
CRIMINAL LITIGATION
TUESDAY 14TH JANUARY, 2020 TIME ALLOWED: 3 HOURS
INSTRUCTIONS:
THIS PAPER IS DIVIDED INTO TWO SECTIONS. TWO ANSWER BOOKLETS ARE PROVIDED. QUESTIONS FORM EACH SECTION SHOULD BE ANSWERED ON A SEPARATE ANSWER BOOKLET. QUESTIONS 1 AND 4 ARE COMPULSORY. ONE OTHER QUESTION FROM EACH SECTION SHOULD BE ATTEMPTED.
WRITE YOUR EXAMINATION NUMBER ON EACH ANSWER BOOKLET.
SECTION A
QUESTION 1 (COMPULSORY)
Uwakwe Obumseli, Umezinne Oyemli, Ogara Dialoke, Bassey Dikibo and Shonto Dike on 1 October, 2019 met at Uwakwe Obumseli’s house at No. 10 Uwani Road, Benin City, Edo State, Nigeria. The five resolved to take certain steps that will tum their lives around to become billionaires before 31st December, 2019.
To actualise their plan, the gang leader- Uwakwe Obumseli went to one Christopher Tolgate of No. 5 Miliki Avenue, Benin City to buy five brand new AK 47 rifles. The gang proceeded to a forest along Benin/Ore Federal Fighway where they perpetrated the atrocities. On the 28th October, 2019, Chief Everest Pam who was travelling from Benin to Lagos was stopped at gun point and taken hostage inside the forest for 10 days. Chief Everest was not released until the sum of N50,000,000.00 (Fifty Million Naira) only was paid as ransom to the gang Also, on the 31 October 2019, the gang at the’ same place kidnapped one Barrister Sunday Ego and kept him in their custody for 20 days. Barrister Sunday Ego was not released until his relations paid the sum of N100,000,000.00 (One Hundred Million Naira) only to the gang.
On the 2nd November, 2019, the gang again stopped one Madam Fine face Gidiga who was kept in the forest for 17 days. While she was in their custody, Madam Fine face Gidigba was raped severally by the gang leader Uwakwe Obumseli and Umezinne Oyemli She was not released until the sum of N10.000.000.00 Ten Mllion Naira) only was paid by her husband Chief Wilson Gidigba to the gang. However, on the 5 November, 2019, the Policemen from Benin City Central Police Command went arter the gang in the forest. There were hot exchange of gun between the gang and the Police in an attempt to arrest them in the process, Sergeant Kokori Kagina was hit by bullet fired by Shonto Dike and he died on the spot. Uwakwe Obumseli, Umezinne Oyemi, Ogara Dialoke, Bassey Dikibo and Shonto Dike have been arrested by the Nigeria Police and they are to be arraigned in Court.
The Attorney-General has instructed a State Counsel, P. K. Dulak, Esq, to file information against the suspects.
Draft the information.
THE LAW-CRIMINAL CODE
SECTION319 (1)-Subject to the provisions of this Section, any person who commits the offence of murder shall be sentenced to death.
SECTION 364 (2)- Any person who unlawfully imprisons any person within Nigeria in such a manner as to prevent him from applying to Court for his release or from disclosing to any other person the place where he is imprisoned, or in such a manner as to prevent any person entitled to have access to him from discovering the place where he is imprisoned, is guilty of a felony, and is liable to imprisonment for ten years.
SECTION 365- Any person who unlawfully detains another in a place against his will or otherwise unlawfully deprives another of his personal liberty, is guilty of a misdemeanour, and is liable to imprisonment for two years.
SECTION 358-Any person who commits the offence of rape is liable to imprisonment for life.
SECTION 428 (d) – Any person who shall have in his possession and not give a satisfactory account of his possession of any arms, ammunition, clothing accoutrements, medals or other appointments, furnished for the use of the Armed Forces of Nigeria or of the Police Forces, is liable to a fine of N1,000.00 (One Thousand Naira) only or to pay double the value of all or any of the several articles which he shall so become or be possessed of.
SECTION 402
A person who commits the offence of robbery is liable to imprisonment for fourteen years. IF the oftender is armed with any dangerous or offensive weapon or instrument and is in comparny with one or more other person or persons, or if at or immediately before or immediately after the time of the robbery, he wounds or uses any other personal violence to any person, he is liable to imprisonment for life with or without caning
SECTION 516-Any person who conspires with another to commit any felony, or to do any act in any part of the world which if done in Nigeria would be a felony, and which is an offence under the laws in force in the place where it is proposed to be done is guilty of a felony and is liable, if no other punishment is provided, to imprisonment for seven years, or if the greatest punishment to which a person convicted of the felony in question is liable to less than imprisonment for seven years then to such lesser punishment.
QUESTION 1(b)
As the prosecuting Counsel, there is a need to remove a count and replace it with another (new count) in the course of the trial. Briefly explain how this can be achieved.
QUESTION 2
During the last flooding of some States in Nigeria including Bayelsa, many lives were lost, houses submerged and properties worth milions of naira lost. Yenagoa, the capital of Bayelsa state was heavily flooded and as a result, many people left their homes. Some miscreants used the opportunity to break into people’s homes in the affected areas to steal. Four of them, Tare, Timi, Bolupe and Dokubo were arrested by the police and detained at the police station pending the conclusion of investigation.
On 1 December, 2019, the defendants were arraigned before the Federal Hligh Court, Yenagoa for conspiracy, malicious destruction of property and stealing by the Attorney-General of the Federation, who described the flood as a national disaster.
When the charge was read and explained to the defendants, Timi pleaded not guilty for himself and on behalf of the other defendants. The defendants application for bail was refused. The Judge in his ruling described the defendants action as a crime against humanity.
The Prosecution called five (5) witnesses, two of whom were local divers and fishermen respectively, who actually caught the defendants carting away peoples properties during the flood disaster. At the conclusion of the prosecutions case, the defendants decided to rest their case on that of the prosecution.
Now answer the following questions:
(a) As defence Counsel, what preiminary objections would you raise in respect of the above scenario?
(b) Draft the Notice of Preliminary Objection ONLY (without any supporting document)
(C) Comment on the Attorney-General of the Federation’s reason for the arraignment and his power to do so.
(d) Comment on Timi’s plea for himself and on behalf of the other defendants.
(e) Was the defendants’ decision to rest their case on that of the prosecution? Give reasons for your answer, stating the legal implication of such decision.
(f) Comment on the trial Judges reason for refusing the defendants’ application for bail.
(g) Draft the application for bail ONLY (without any supporting documents)
QUESTION 3
A case of conspiracy to commit murder and murder was reported against Ika and Boji at the Ilishan Police Station in Ogun State. They were alleged to have conspired and murdered one Beauty, Ika’s girlfriend who had been threatening to expose their affair to Ika’s wife. At the Police Station after being tortured, starved and denied access to Counsel and family for two weeks, Ika wrote a confessional statement admitting that they both committed the offences, but Boji denied vehemently.
Upon arraignment, Ika pleaded guilty and was promptly convicted and sentenced to death by firing squad. Boji pleaded not guilty. At the close of the Prosecution’s case, Boji’s Counsel made a No Case Submission, which was upheld by the court. In a 50-page ruling discharging him, the Judge thoroughly analysed the case.
Boji was excited, bùt as soon as he stepped out of the dock, he was re-arrested by the Police, who subsequently re-arraigned him for the same offences, stating that he had merely been discharged and not acquitted. The Solicitor-General of Ogun State was however furious about this development and has personally come to the court to enter a ‘nolle prosequi’ in the case.
With the aid of relevant judicial and statutory authorities, comment on the propriety or otherwise of:
(a) the detention of the suspects at the Police Station.
(b) The admissibility or otherwise of the confessional statement of Ika and whether or not it can be used against Boji.
(c) The arragnment, conviction and sentence of lka.
(d) The ruling on the No Case Submission by Boji and his subsequent re-arrest by the police.
(e) Entery of nolle prosequi by the Solicitor-General
SECTION B
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QUESTION 4
Elbert Demiss, an expatriate attached to Abakiliki Special Rice Processing Company Ltd was arraigned at an Abakiliki High Court on a two-count information of indecent assault and rape. At his trial, the prosecution, in a bid to prove its case, called Dr. Ogbunigwe, a consultant gynecologist from EBSU Teaching Hospital as PWI. During his testimony the following transpired.
1. Prosecuting Counsel: you are Dr Ogbunigwe Consultant Gynecologist, fellow Nigerian Medical College and President, Nigerian Society of gynecologists?
Answer: yes, my Lord
2. Prosecuting Counsel: you examined the prosecutrix in this case and wrote a report, am I right?
3. Defence Counsel: objection my Lord. Counsel is leading the witness
4. Court: objection overruled. Please continue
5. Prosecuting Counsel: please tell the court everything you know about this case.
Answer: I examined the prosecutrix and found evidence of penetration and injuries in her private part. The summaries of my findings are in my report
6. Prosecuting Counsel: My Lord, I apply to tender the report in evidence
7. Defence Counsel: Objection my Locd, counel has not laid proper foundation to tenderig this report
8. Court: Objection sustained counel please lay proper foundation
9. Prosecuting Counsel: do you have any other thirg to tell this Court
Answer: No my Lord. Just a few words
10. Court: Defence counsel, do you have any question the semes
Answer Yes my Lord, Just a few questions
11.. Defence Counsel: Dr Ogbunigue. You are e a notorius abortonist who have been sactioned severerally by the Medica and Dental Council for Unprofessional conduct. I’m I correct?
. Prosecuting Counsel: My Lord I objet to the above question, counsel is the witness
12. Court: Question sustained, please continue.
Answer the following questions
(a) What type of question is quesson 1? is it allowed in this case
Gve reasons
(b) What type of questions is question 2? Was the court right in overruling the objection?
(c) What type of questions is question5 and what are its use in examination-in-chief?
(d) Comment on the validity of defence counsel’s objection to the application in (6) above? Was the court right in upholding the cbjections?
(e) In five paragraphs stated and numbered chronologically, outline how you will lay proper foundation for tendering of the report in this case
(f) Comment on the propriety of the question asked by defence counsel in (11) above. Was the court rght in sustaining the objection?
(g) What possible remedies are cpen to the witness against the question put to him by the deence counsel in this case?
QUESTION 5
At the trial of Balogun Akpati for murder before Justice Adetokumbo of Ogbomosho High Court, the charge was read to him in Yoruba language by the Youth Corps member attached to the court who speaks Yoruba fluently. The defendant refused to plead. The judge in anger recorded a plea of not guilty for him and ordered the prosecution to open its case, Out of the 10 witnesses listed on the back of information, the prosecation called on three, excluding the only eye witness to the murder and the investigating police officer. Atthe close of the case for the prosecution, the defendant opted for ‘a no case submission’
The learned trial judge, Adetokumbo J, overruled the no case submission as follows:
This no case submission is without merit and same is hereby overruled”. The matter was adjourned for detence. On the date fixed for defence, counsel to the defendant was bereaved and could not attend court. The defendant informed the court about this development and sought for an adjournment, but the judge refused the application.
He read out the options open to the defendant to him and he elected to remain silent. In the prosecutions final address, he urged the court to convict the defendant because his silence was an indication of his guilt. He was convicted and sentenced to death by firing squad after his allocutus was rejected by the court,
Answer the following questions:
1. Comment generally on the validity of the arraignment in this case?
2. Was there any obligation on the court when the defendant refused to plead? Give reasons for your answer.
3. What is the implication of the decision of the prosecution to call only three (3) witness out of the ten (10) listed on the information?
4. What effect does the short ruling on the no case submission have on the trial, assuming the ruling is appealed against?
5. Comment on the propriety or otherwise of the refusal of application for adjoumment in this case.
6. Discuss the implication of the comment by the prosecution on the trial.
7. Comment on the validity of the sentence of the court in this case.
