NATIONAL OPEN UNIVERSITY OF NIGERIA
14/16 AHMADU BELLO WAY, VICTORIA ISLAND, LAGOS
SCHOOL OF LAW
MARCH/APRIL 2014 EXAMINATION
Course Code: LAW342
Course Title: CRIMINAL LAW II
Time Allowed: 3 Hours
Instruction: Answer question 1 and any 3 other questions.
1. Analyze and discuss the legal issues raised in the following:
a) Simon was unemployed and had no money but wished to apply to further his education. He applied and was offered a place at the Lagos Open University to study Accountancy. In to order to afford the high cost of studying he needed to find a job which he did not want to do. He decided to visit Cash madam, his elderly aunt, whom he had not seen for five years. Cash madam was extremely rich but naïve and careless regarding financial affairs. Simon told her how he would love to get better acquainted so that he could help her in her old age. Cash madam was so grateful and allowed him to stay with her. Simon saw a beautiful bag thought it must contain money it actually contained, cosmetics, tissues and the old lady’s denture. Simon went to Cash madam’s textile shop and told the attendants that she was sent by their madam to collect the day’s sale to deposit with ABC bank. After a month of staying with cash madam she discovered that Simon had carted away with her expensive Gucci travelling bag containing her cosmetics and spare dentures. Her golden wristwatch had been used as a pledge for a loan by Simon in Oshodi Community Bank. Simon Collected N500, 000 from her shop under the pretense that she sent him to collect same to deposit at the bank. He told her neighbor that he is an immigration officer and collected N50, 000 from her with the promise to help procure Canadian visa for Miss Chichi. (10.5 Marks)
b) On the 5th of January, 2014 at about 5.00pm, Stephen Bush went to the house of Ben John. When he reached there he realized that all the doors and windows were all locked .He brought a tool from his bag and forced one of the windows open and entered into the house. Thereafter, he removed Ben John’s LCD television and a home theatre. He jumped out through the same window and left. (7marks)
2. In order to order to constitute Theft (Stealing), there must be an element of fraud.
Section 383 of the Criminal Code sets out six intents, any one of which will make a
taking or conversion fraudulent. Examine each of these fraudulent intents as set out
under Section 383 of the Criminal Code. Discuss. (17.5 Marks)
3. On the 1st of May, 2013 Mr. Bighead Smallinan arrived the Eagle Square, Abuja. He began to address a crowed 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 crowed the alleged account numbers and Swiss banks where the funds have been deposited. 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. (17.5 Marks)
4. State and examine under which section of the Criminal Code can the following persons may be properly charged?
i) A Police officer accosted 3 ladies at about 11.pm along Allen Avenue, they were
indecently dressed, the police officer threatened to arrest them for prostitution unless they pay him N10, 000 each . The ladies seeing that their means of livelihood is endangered paid the officer the money. (5marks)
ii) Bala, a public officer working in the Federal Government Agency demanded and received the sum of N250, 000.00 from Amadi, with the promise of assisting Amadi’s son to secure admission in one of the public universities. (5marks)
iii) Abbey is standing trial for the offence of obtaining under false pretence the sum of $50,000 from a Lebanese, Inspector Tata the Police officer prosecuting the matter demanded and received the sum of N100, 000 from Abbey in order to delay and frustrate the judicial process. Johnson the court clerk received N50, 000 and a Blackberry phone for destroying material evidence against Abbey.
(7.5 Marks)
5. The Nigerian Law is strict as to the treatment of juvenile delinquents and their delinquencies. Discuss. (17.5 marks)
6. The Economic and Financial Crimes Commission Act and the money laundering (prohibition) Act 2004 are critical in the fight against corruption and other. Discuss. (17.5 marks)
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