NATIONAL OPEN UNIVERSITY OF NIGERIA
14-16 AHMADU BELLO WAY, VICTORIA ISLAND LAGOS
SCHOOL OF LAW
MARCH/APRIL 2015 EXAMINATION
Course Code: Law 342
Course Title: CRIMINAL LAW 11
Time Allowed: 3 Hours
Instruction: Answer Question 1 and any other 3 questions.
- NOUN held an annual debating competition open to all final year students. The final of the competition last year was between Dakota, a law student, and Eden, a politics student. There was a limited range of literature available in the University library on the subject-matter of the debate, all of which went missing within hours of the debate question being released. Eden went to the organizers of the competition, Filip, and complained about the loss of the material. Filip approached Dakota about the loss. Dakota did not respond in any way at all.
Two days later, the debate was held and Dakota won. Dakota received a prize of N300, 000 in cash. Later that day, Dakota was caught by University security staff replacing the material relating to the debate in the library. When asked, Dakota later admitted he had taken it from the library on the day the question was released, but he had always intended to replace it once he had won, and that most of it was available on the Internet anyway.
Consider Dakota’s criminal liability, if any, for the theft of the material under Section 383(1) of the Criminal Code, and any other relevant law. (17.5 marks).
- Alhaji Maitama is the Managing Director of Nigal Petroleum Corporation, a state owned corporation belonging to Nigal Republic .On the 6th of June 2011 Mr. Smart came to Alhaji Maitama’s office and introduced himself as beneficiary of a N500 million estate left for him by his late father who was a business tycoon. He told Alhaji Maitama that he only need N 10 million to process letter of administration pertaining to his late father’s estate. He urged Alhaji Maitama to give him the said N 10million with a promise that Alhaji Maitama will take half of #900milliom estate after processing the letter of administration. Alhaji Maitama happily gave Smart Bongo the said N 10 million . It turned out that Smart Bongo’s story was not true and he has disappeared with the
N 10millino. Discuss the legal issues raised. (17.5Marks)
- “The offences of burglary and housebreaking speak to a distinction without a difference”. With the aid of decided cases and statutory authorities, critically discuss the truth or otherwise of the above statement. (17.5Marks)
- Define the offences of unlawful assembly, riot and affray. Explain how they are meant to prevent the breach of public peace and preserve public order. (17.5Marks)
- On the 1st of January, 2015 Mr. Bighead Smallinan arrived the Eagle Square, Abuja. He began to address a crowd consisting mainly of workers who came to celebrate workers day at the Eagle Square. He told the crowd that officials of the government of Nigeria have shared among themselves Nigeria’s foreign reserve. He claimed that the president had obtained a $10B loan from the World Bank and IMF and have shared the money with his party’s bigwigs .He told the crowd the alleged account numbers and Swiss banks where the funds were lodged. He alleged that the president has mortgaged the Niger Delta Region to a foreign multinational for the sum of $200m which sum has ended into a private account .He said that the president has converted about 90% of the land in Abuja into his private estate. He also reduced these allegations into writing which he distributed to the crowed. Discuss the legal issues raised in the matter.
- (a) Any Public Officer who corruptly ask for. Receives obtains agrees or attempt to
receive any property or benefit of any kind for himself on account of anything
done or omitted to be done or any favor or disfavor………is guilty of the felony of
official corruption and is liable to imprisonment of seven years. Section 98 of the
Criminal Code C38LFN 2004. Discuss with the aid of decided cases
- Identify and discuss any improvement whatsoever that the Corrupt Practices and Other related Offences(ICPC) Act, makes to the provisions of the Criminal Code as related to the offence of bribery.
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