Law Past Questions Yeswecan GodwinAbraham

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COURTSY: GODWIN ABRAHAM
UNIVERSITY OF UYO
FACULTY OF LAW
2008/2009 SESSION
FIRST SEMESTER EXAMINATION
COURSE TIILE: LAW OF CONTRACT

COURSE CODE: PUL 221
INSTRUCTION: ANSWER ANY FOUR QUESTIONS TIME: 3 HOURS
1. (a) “Contracts must not be the sports of an idle hour, mere maters of
pleasantry and badinage, never intended by the parties of have any serious
effect whatever.”
(b) “The ties of conscience upon an upright mind are a sufficient

consideration.” Do you agree? Discuss
2. The phrase “offer and acceptance”, through hallowed by a century and half
of judicial usage, is not to be applied as a talisman, revealing, by a species of
esoteric art, the presence of a contract”. Discuss, citing relevant cases.
3. John, decides that he will sell his antique desk at auction and so he sends it to
the auctioneers with a reserved price of N50,000. Martin the auctioneer notes
this in the catalogue and informs those attending that there is a reserve.
Michael puts in a bid for N45,000 and the desk is knocked down to him.
Martin then informs Michael that a mistake has been made and he cannot have
the desk because John refuses to sell it for N45,000. Advise Michael, relying
on relevant cases.
4. Archie is the author of a number of best-selling novels. Bertie is Archie’s

publisher Archie is a supporter of a charity called Redpeace which has as its
object the protection of the environment. Archie wanted to add to the funds of
Redpeace so he wrote a novel and Bertie published. It was agreed between
Archie and Bertie that Redpeace would receive the total royalty of N200 per
copy of every book sold. The novel has sold one million copies but Bertie
refuses to pay anything to Redpeace. Advise Redpeace.
5. Paul, an employee of Internal Revenue (‘IR’) allegedly agreed with

Selectmove (‘S’) that S could pay off its tax liabilities by installments.
Subsequent to this alleged arrangement, the IR sought a winding-tap of S
because of S’s continuing tax debts S resisted on the basic that it disputed the
existence of the debt, because the alleged arrangement had dealt with its
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liability, and the IR were not entitled to back out of this. S alleged that Paul,
the IR’s employee, had said that he did not have authority to accept ‘S’
proposal for payment of the debt by installments, but that he would have to
refer it to his superior.
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UNIVERSITY OF UYO
FACULTY OF LAW
2015/2016 FIRST SEMESTER EXAMINATIONS
COURSE TITLE: Law of Contract

COURSE CODE: PIL 211
TIME ALLOWED: 3 Hours
INSTRUCTION: Answer 2 Questions from Section A and 2 questions from
section B. Use separate Answer Booklet for each section.
SECTION A:
1. Shola, a Lagos based business man offered to sell his shares worth
N1,000,000.00 to Haruna, an Abuja based businessman. The letter of offer
was posted to Haruna in Abuja by Shola. Mr. Haruna received the letter of
offer and immediately responded by also posting a letter of acceptance to
Shola the same day he received the letter of offer. Unfortunately, the letter of
Acceptance was lost in transit, and after a month, Mr. Shola did not receive
the acceptance, he decided to sell the shares to another person. Mr. Haruna
wants to sue Shola for breach of contract.
Advise the parties.
Would you have advised differently if Shola had indicated that the acceptance
should be by email.
2. A person who is not a party to a contract cannot have the benefit of such
contract. Discuss.
3. Consider the distinction between the following:
(a) Executory and Executed consideration

(b) Sufficiency and adequacy of consideration
SECTION B:
1. Terms implied by fact are those terms that the Court will read into a contract
so that it reflects the intention of the parties. The Courts have developed two
principal tests:
(i) The, officious bystander test.
(ii) The business efficacy test.
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With the aid of decided cases, explain the applicability of the two tests in the
law of contract.
2. Miss Happiness took her wedding dress to Sharp Sharp Dry Cleaning Services
to be cleaned The Company‘s desk officer asked Miss Happiness to sign a
document headed. “Receipt” and informed her that the Company would not
acàe.pt certain risks including damage to the be4ds on the wedding dress. The
receipt contained an exemption clause thus:
“This ... article is accepted on condition that the Company is not liable for
any damage howsoever arising...“
The dress was stained during dry cleaning. Miss Happiness has threatened legal
action against the Company for damages due to neg1igenpc.1iijt the Company
seeks to rely on the exemption clause to escape liability. Advise Miss Happiness.
3.(i) The Webster’s Universal Dictionary and Thesaurus defines “illiterate” as
“uneducated, not knowing how to read or write”. Is this a sufficient
definition in the law of contracts?
(ii) Mr. A, borrowed money from Rock and Roll Bank Ltd. And Mr. B an
illiterate guaranteed the loan y executing the guarantee document prepared in
Eng1istlanguage without an illiterate. The document was typed by the
Typist and the bank manager filed the name and address of Mr. B. When
sued for the recovery of the money, Mr. B, pleaded the Illiterates Protection Law,
saying he could neither read nor write in the language the guarantee document
was prepared. Draft an Execution clause with Illiterate Jurat that should have
been executed by Mr. B to protect the bank.
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UNIVERSITY OF UYO, UYO
FACULTY OF LAW
First Semester 2016/2017 Session Examinations
Course Title: Law of Contract I

Course Code: PIL 211
Time Allowed: 3 Hours
Instructions: Answer any two (2) questions each from SECTION A and
SECTION B. Use Separate answer booklet for each Section.
SECTION A
1. Chief Obasi Emeka is the owner of a duplex apartment situate at 1 Rainbow

Street, Thom in Ibom State. Dr. Bassey Okon sometime in early January, 2014
approached Chief Obasi Emeka to allow him occupy the duplex for 6 months.
Chief Obasi Emeka gave his approval for Dr. Bassey Okon to occupy the
apartment for the said 6 months but however he further stated that Dr. Bassey
Okon was permitted to stay beyond the 6 months and he (Dr. Bassey Okon)
would pay him N1m as rent per annum. Dr. Bassey Okon moved into the
apartment and stayed till December, 2016 but failed to pay the rent. Dr. Bassey
Okon claimed he was gratuitously allowed to stay in the apartment in view of
his long standing relationship with Chief Obasi Emeka. He said there was no
agreement as to payment of rent nor was there any demand for payment of
rent not until December, 2016 Chief Emeka is claiming the arrears of rent.
Advice the parties.
2. Mr. & Mrs. Francis Albert had been living together as husband and wife for
10 years. In the year 2000, Mr. Francis Albert promised to buy a Toyota
Corolla for his wife if she passed her final Bar Exams. In 2012, they had
marital problem which eventually led to the marriage breaking down
irretrievably. During that year Mrs. Albert passed her final bar exams and later
approached Mr. Albert to fulfill his promise to buy her a Toyota Corolla but
Mr. Albert blatantly refused to do so. Advice the parties.
3. A promise made in return for some past service is unenforceable. Roscala V

Thomas (1842) 3 QBP. 234. With the aid of decided cases, discuss the above
principle stating the exceptions.
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SECTION B
1. In contract, exemption clauses are only effective if the common law rules of
incorporation and construction are satisfied and they are not contrary to any
statutory provisions. Discuss.
2. Mr. Playboy, a socialite and operator of Stylish Car Stand along Abakpa Road,
Surulere, Lagos had sold a 2015 model Toyota Corolla car to Chief Showman,
a car dealer in Uyo for N5.5million. Chief Showman later sold the car to Rt.
Hon. Second term for N7million. Subsequently, Mr. Playboy was convicted
of stealing the car and the Police later removed the car from Rt. Hon. Second
term’s possession. Rt. Hon. Second term intends to sue Chief Showman to
recover the purchase price of N7million.
i) With your knowledge of terms implied by statute under the appropriate

Sections of Sale of Goods Act, advise Rt. Hon. Second term on the
possibility of success or otherwise of his suit against Chief Showman.
ii) Would your advice be different if Rt. Ht. Second term had contracted
with Chief Showman to buy a 2013 model Toyota Corolla car and after
delivery he discovered that the car was actually a 2009 model with a
201 model seal superimposed on it?
3i) Who does the law way an illiterate person is? Support your answer with
decided cases and statutes.
ii) State the steps you would take to protect an illiterate person in a contract
transaction.
iii) Draft a typical Illiterate Jurat for execution by an Ibibio speaking party to
a contract for alienation of his interest in land.
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UNIVERSITY OF UYO
FACULTY OF LAW
FIRST SEMESTER 2017/2018 EXAMINATION
COURSE TITLE: LAW OF CONTRACT 1

TIME ALLOWED: 3 HOURS
INSTRUCTION: ANSWER 2 QUESTIONS FROM SECTION A AND 2
QUESTION FROM SECTION B
SECTION A
1. Global Nig. Ltd advertised in a newspaper called “The Song” inviting people
to submit applications for appointment as distributors of their product; a brand
of toiletries called “Beauty”. On reading the advertisement, Mr. Francis Okon
became desirous of being a distributor of Global Nig. Ltd. hence he applied to
the company and was appointed a distributor by a letter dated 12th October,
2017 written to him by the company. In the said letter he was advised to sign
a formal agreement with the company which he did and was directed to pay a
deposit of N50,000. Re paid the said deposit. According to the terms of the
contract, he was to be supplied 100 cartons of the product every month at the
cost of N1,000.00 per carton. He also signed an agreement with the company
as a distributor for 3 yrs. On 27th October, 2017, he was given allocation paper
for the months of November, 2017, December. 2017 and January, 2018.
Surprisingly on 10 November, 2017 the company terminated the contract
without any reason. Mr. Francis Okon is aggrieved and he wants to take legal
action. On the part of the company, they said the contract was merely a
provisional one depending on availability of the product. Advise the parties as
to their legal remedies, if any?
2. Alhaji Babatunde and Chief Emeka are members of a social club called “The
Lion”. Alhaji Babatunde intends to go into business of petroleum distribution.
He however does not have a licence, and has requested Chief Emeka who is
already a dealer to procure a licence for him, Chief Emeka has successfully
procured a licence for him from the NNPC. Chief Emeka has now demanded
to be paid by Aihaji Babatunde for his services but Alhaji has refused. Advise
the parties.
3. Compare and contrast an offer and an invitation to treat. With the aid of
decided authorities, examine the different types of invitation to treat?
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SECTION B
4. Mr. Ino, a successful but illiterate motor mechanic drove a jeep into the
premises of Fortune Bank. Unfortunately, the car was stolen in the presence
of the bank security men. In response to mo’s claim against the bank for a
replacement of the car, the bank pleaded an exclusion clause boldly and visibly
written on the walls of the premises of the bank, to wit, ‘CARS ARE PARKED
AT OWNER’S RISK’, while Ino countered by pleading that although he saw
the notice, he was unable to comprehend the meaning and consequence
thereof. Mr. David’s car was similarly stolen within the premises of the same
bank. The bank has declined to replace David’s car even though he is a blind
customer and was driven into the bank by an illiterate driver. With the aid of
case law, advise ino, David and the Bank on all the legal principles
regulating the recognition and enforcement of exclusion clauses by the
courts.
5. “Illiterate persons... are particularly susceptible to being cheated or taken

advantage of in contractual transactions involving written documents. It is for
this reason that the law intervenes to accord them a special status and
protection in contractual dealing...“ With the aid of statutory provisions and
case law discuss the scope of protection accorded illiterate persons in
contractual dealings and examine the consequences of non-compliance with
the legal provisions meant to protect illiterates in contractual obligations.
6. Differentiate between in nominate terms, condition and fundamental term of

contract. In what circumstances will terms of contract be implied by the court,
custom and statute? Support you answers with case law.
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UNIVERSITY OF UYO
FACULTY OF LAW
SECOND SEMESTER EXAMINATIONS 2016/2017 SESSION
COURSE TITLE: Law of Contract

TIME: 3 Hours
INSTRUCTION: Answer four (1) questions, two questions from each Section.
Use a separate answer booklet for each section.
SECTION A
1. Ricardo Mining Co. Ltd is based in Jos, Plateau State. They are desirous of
partnering with a reputable mining company to work on a site which they have
acquired mining license from the Federal government to operate. They have
consulted an accounting- firm to prepare the-company’s statement of Account
for the year ended 2016. The annual profit for the company stood at a meager
N10m. Suspecting that such annual profit may not attract a reputable firm,
they advised the accounting firm to increase it to N100,000,000 which was
done and the company’s statement of account was published in the National
dailies. A Mining Company by name Julian Mining Co. Ltd. attracted by the
huge annual profit applied to partner with them. Three months later Julian
mining Co. Ltd. through an insider discovered the real annual profit of the
Ricardo Mining Co. Ltd. Julian Mining Co. Ltd has threatened a court action
alleging that they were misled into entering into the contract with them. On
the other hand, Ricardo Mining Co. Ltd has contended that nothing was hidden
from them if they had made enquires before entering into the contract. Advise
the Parties.
2. Eduardo is a customer of Rainbow Bank Ltd. He is desirous of starting a new

business in oil and gas. He has approached the bank for a loan facility of N10m
which the bank has obliged him but he is required to furnish the bank with
collateral as security for the loan facility. Eduardo has given the title
documents of his duplex to the bank and the bank prepares a Deed of Legal
Mortgage to be signed by Eduardo as surety, his company as mortgagor and
the bank as mortgagee. Eduardo drinks alcohol a lot and is often tipsy
whenever he drinks. On this particular day he was tipsy, the bank brought the
Deed of Legal Mortgage in respect of the loan transaction for him to sign
which he merely glanced through and signed it. A couple of years later, he has
defaulted in payment and the bank is threatening to sell the property. Eduardo
is contending that what he thought he signed was an equitable mortgage (only
to deposit his title documents) and not a Legal Mortgage (transferring title).
Advise him.
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3. Various contracts are illegal by statute while others are void at common law.
Discuss.
SECTION B
4. Recently, the Supreme Court in Robold Int’l Ltd v. Magreola & Ors. (2015)
Vol.4-5 MJSC 1 reaffirmed the fundamental character of the doctrine of
privity of Contract. Taking bearing from the facts and principles established
in that case, discuss the doctrine, highlighting the exceptions to its operation.
5. Mr. Edet seems to be cut-out for contractual misadventure, First, he entered

into a hire-purchase transaction in which Mr. Ani released a bus to him for a
monthly instalmental payment of fifty thousand naira and with an option to
purchase after the tenth instalment. Edet was unable to pay after the fifth
instalment because the bus was damaged by accident caused by a third party.
Ani has brought an action seeking to recover outstanding installments but
Edet alleging that the transaction discharged. Mr. Edet combines business with
acting. He was contracted to play a lead role in a movie produced by TIME
LIVES PRODUCTIONS (T.L.P). The shooting site was at Eket in AKS. On
arrival on site, Edet became ill and could not perform for one week. The
producer replaced Edet with Edem. Meanwhile, war broke out between Eket
and Oron forcing all the artists to vacate location. The producer thoughtfully
chose another conflict free location. The producer thoughtfully chose another
conflict free location but the actors refused to participate arguing that the
contract is discharged. Meanwhile, Mr. Edet had a contract with Sermatech
Co. Ltd. For the supply of twenty trucks of cement at 1 million per truck. He
made arrangements to get supplies from Unicem but along the line Unicem
Shut-down from maintenance. It would cost Edet about 25million to get
supplies from an alternative source. Faced with this precarious situation. Edet
decided to abandoned the contract and treat it as discharged while Sermatech
has brought an action for breach of contract. In response, Edet is laying claim
for the five trucks already supplied and accepted by Sermatech before the rise
in the price of cement.
Identify all the issues raised, supporting your answers with legal principles
and decided cases.
6. Bassey is a very successful businessman but has been very unlucky due to
recent business misfortunes. First, he contracted to buy two plots of land for
3m per plot from David. He paid David 4m initial deposit in line with the
contract. Two weeks later, he brought the balance but David rejected it
claiming he has changed his mind. Bassey just discovered that David has
collected 8m from another buyer for the same land. David is ready to refund
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Bassey’s deposit. The new buyer is about to start work on the land. Second,
Bassey supplied raw materials to a Nigerian based South African company at
the cost of 50m. The company has refused to pay. A friend just hinted Bassey
that the company is about to move out of Nigeria. Again, Bassey’s contract
for the construction of a shopping complex for Unical was revoked by the
latter for what it termed slow space of work. Bassey woke up in the middle of
the night thinking pensively for hours. A lot of thoughts raced through his
mind, including: which remedy is best suited for his predicament; which
damage he will ask for and how the court will translate it; how to preserve the
res. Bassey is so confused because he has no answers to these problems.
Bassey has now decided to consult you for legal advice.
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FACULTY OF LAW
SECOND SEMESTER EXAMINATION, 2015/2016 SESSION
COURSE TITLE: Law of Contract II

INSTRUCTIONS: Answer Four Questions in all, 2 Questions from each
Section. Use separate Answer Booklet for each Section.
SECTION A:
1. ABS Construction Company Ltd. approached XYZ Properties to buy a block
of 4 bedrooms flat for their staff in Uto, Ibom State. ABS Construction
Company Ltd. needed a property located in a serene environment with
constant power supply and most importantly, it must be located in a housing
estate. The property owned by XYZ Properties met all the requirements. Based
on the valuation report of XYZ Properties, the property was valued at N100m.
ABS purchased the said property and paid the sum of N100m to XYZ
Properties after the valuation report was verified and confirmed to be true by
ABS Construction Company Ltd’s estate valuers. Just before the staff of ABS
Construction Ltd. were about moving into the said property, it was discovered
that the valuation report was faulty and the property would have been sold for
a lesser amount. ABS Construction Company Ltd. sought to rescind the
contract. Examine the legal issues and advise the parties.
2. It is often difficult to distinguish Undue Influence from Duress. However both

doctrines are similar in many respects. Discuss.
Miss Ekaette Okon is a member of Grace of God’s Church in Uto, Ibom State
Miss Ekatte Okon is 31 years old and is believing God for a husband. She
approached Prophet Gideon Abraham, the founder of the Church for spiritual
help to enable her locate her own husband through God’s grace. Prophet
Gideon Abraham, whenever he prayed for her always admonished her to sow
a seed in the form of a land and give same to the Church. Consequently, she
decided to give the only parcel of land she had to the Church and handed over
the title documents to Prophet Gideon Abraham. After a couple of years she
was not blessed with a husband, she angrily left the Church and sought to
reclaim the land from Prophet Gideon Abraham. Advise the parties.
3. A fraudulent man entered a Nokia Shop located at No. 2 Rainbow Street, Uto,
Ibom State to buy a Nokia Phone valued at N85,000.00 by issuing a cheque in
that amount to pay for the phone. He informed the Manager of the Nokia Shop
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that he was “Dr. Charles Steven” and gave his address as Ibom Plaza. The
Manager of the shop called one of his friends who owned a shop at the Ibom
Plaza to confirm whether he knew any one by name Dr. Charles Steven at the
Ibom Plaza and he confirmed that there was a person bearing that name. The
Manager then allowed the fraudulent man to go with the Nokia Phone after
collecting the cheque from him. The Cheque turned out to be a fake one and
unfortunately, the fraudulent man had sold the phone to Mr. Samuel King. The
Manager sought to recover the Nokia Phone from Mr. Samuel King. Advise
the parties. Would you have advised differently if the manager of the shop was
an elderly man and had actually wanted to direct his offer of sale to Dr. Charles
Steven. Discuss giving reasons for your answer.
SECTION B:
2. It is not for the parties, but for the court to state whether and when frustration
has occurred in a contract and the court has the power to determine the
existence of frustration even where the parties have showed otherwise —
Denny, Mott & Dickinson v. James B. Fraiser & Co. [1944] AC 265.
The underlisted situations or events have held by the courts at one time or the
other to constitute frustrating events:
(b) Subsequent legal changes
(c) Outbreak of war
(d) Destruction of the subject matter of the contract
(e) Government requisition of the subject matter of the contract
(f) Cancellation of an expected event.
With the aid of decided cases and legislations, briefly discuss four of the said
events pursuant to the law of contract.
3. Mr. Speculator, a businessman had on the 4th day of July, 2004 leased his
piece of land situate along Port Harcourt — Aba Expressway, to Chief Oloibri,
a petroleum oil marketer for a period of 10 years, subject to renewal. In the
Lease Agreement evidencing the contract, Chief Oloibri covenanted not to
sublet, assign or part with the possession of the property without the consent
of Mr. Speculator. In apparent violation of the contract, Chief Oloibri
mortgaged the property to Sharp Sharp Bank Plc. for a loan and could not
secure the release of property to Mr. Speculator for two years after the lease
had matured. Mr. Speculator intends to bring an action at the High Court of
Rivers State against Chief Oloibri claiming the following:
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(i) Special damages of N5m, being receivable rent in respect of the
premises for two years
(ii) General damages of N7.5 million
(iii) Exemplary damages of N6 million for breach of contract.
Using the ingredients in the Supreme Court case of Agu v. General Oil Ltd.
[2015] Vol. 245 LRCN 68, advise Mr. Speculator on the appropriateness or
otherwise of each o the sub heads of his claims in the writ as remedies for breach
of contract of contract against Chief Oloibri.
4. Specific performance is an equitable remedy for which the court orders a party
to perform its contractual obligation. In considering whether to grant specific
performance, the courts look at
(a) whether damages would be an adequate remedy or not,
(b) the type of contract, and
(c) equity. Discuss.
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UNIVERSITY OF UYO
FACULTY OF LAW
2008/2009 SESSION
COURSE: PIL 313 LAW OF TORTS
Instruction: Answer Any Four Questions

1. The Law of Torts has made indelible marks in our jurisprudence. Do you
differ?
2. Sylvester Daniels stole N100,000 property of Cyprian Ede, a Superintendent

of Police attached to Anti-Kidnapping Squad, Benin City. Supol Cyprian Ede
was already late for work and so locked up Sylvester Daniels in his
convenience which has iron door and an heavy iron protector on the window
for three days while on police duty. Sylvester Daniels feels aggrieved. Advise
him.
b. Would your position be different if Sylvester Daniels was released
within 24 hours?
3. Appraise the tort under the principle of Wilkinson v. Downton. Are there any
defences under the principle?
4. Mr. David Amstrong shares a building with Dr. Dominica Francis as tenants.
Mr. Amstrong left his water tap in the kitchen unlocked and water flowed
therefrom and damaged the property of Dr. Francis. Dr. Francis is unsatisfied
with the apologies of Mr. Amstrong and has consulted you. Advise Dr.
Dominican Francis whether any remedy avails her.
b. Would your answer be otherwise if the tap was kept unlocked by Mr.
Amstrong’s visitor?
5. A goat owned by Mr. David Christian destroyed crops worth N150,000 in a
farm owned by Modern Farms Ltd and managed by Mr. Akiki Inam. Mr. Inam
in anger caught the goat and killed her. Mr. David Christian was
uncomfortable and seeks your advice. Counsel him.
6. Mrs. Francisca Innocent is a tenant in a property situate at No, 10, Wellington

Bassey Way, Uyo and owned by Mr. Monday Adam. One Samuel Bassey has
created an easement on the property and both the tenant and the landlord are
displeased by the act of Samuel Bassey. Advise the duo on:
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a. Whether any remedy avails them.

b. Who of the two of them can maintain any action against Samuel Bassey and
why.
c. Whether Samuel Bassey would be absolutely liable.
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UNIVERSITY OF UYO
FACULTY OF LAW
SEMESTER: 1ST SEMESTER 2009/2010
COURSE TITLE: LAW OF TORTS

INSTRUCTION: ANSWER ANY 4 QUESTIONS
1. There is no such thing as a law of tort, but merely a large group of unconnected
wrongs, each with its own name. A plaintiff seeking recovery must find a
pigeon hole in which to fit the defendants conduct and the harm he has suffered
before the court will afford him a remedy”. Discuss critically.
2. (a) Discuss the circumstances under which a plaintiff may recover damages
for injury caused by a negligent misstatement.
(b) Oko entered Okon’s land by mistake, thinking that it was his own and
started clearing it. In the process, he found a precious bronze carving on
the ground covered by dry leaves. He picked up the bronze carving, intending
to display it on the wall of his parlour. As he was still admiring it, Okoro
suddenly emerged and claimed that the bronze carving belonged to Okonkwo
and insisted on taking it to him Okoro seized the bronze carving from Oko
and in the process he negligently hit Oko on the face and ran away. Advise
Oko, Okon and Okoro as to their rights and liabilities (if any) in torts.
3. Femi, a learner - driver, was driving his newly acquired Toyota Camry Car
along Lagos - lbadan Road when the car suddenly swerved across the road and
hit an on- coming Honda Sport Car driven by Chioma, an Accountant with
Agip Oil Company Ltd. Chioma sustained severe injuries on her left leg and
was taken to National Orthopaedic Hospital for treatment. Two days later,
armed robbers invaded The hospital and shot Chioma on her already injured
leg which led to its amputation and Chioma’s subsequent retirement from
work.
Chioma has now instituted an action against Femi for damages in negligence.
Femi intends to contend at the trial that as a learner-driver, he should be
exonerated from liability for the accident and that since the car skidded on
the wet road it was not possible for him to control it anymore.
Advise the parties.
Would your advice be different if Chioma had left National Orthopeadic
Hospital immediately after admission against doctor’s advice for Usoro Bone
Centre where the leg became infected and was eventually amputated?
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4. Okeke a security man on night duty experienced stomach upset and persistent
vomiting after drinking a bottle of New Orange Boost manufactured by Orama
Bottling Co. Ltd, Owerri. He became very weak after one hour arid Obi, his
colleague quickly took him to Bala Specialist Hospital for treatment, where
he was attended to by Tura, a young, newly qualified medical doctor. Tura
called the hospital’s consultant physician, Dr. Isaac on phone and told him the
condition of Okeke, but Dr. Isaac who was holding a dinner party in his
residence in honour visiting Rotarians, promptly remarked that he could not
leave his guests to attend to Okeke.
Tura administered TRN injection to revitalize and strengthen Okeke but this
led to paralysis of Okeke’s two legs. The TRN injection was contaminated due
to the mode of its storage and at that time the risk of such contamination was
not known in medical circles.
The following morning Okeke who only recovered partially from the
weakness, contended that he never signed a consent form for any treatment.
Two hours later Okeke died. His wife, Mrs. Edith Okeke now intends to seek
legal redress and has consulted you. Advise her carefully.
5. (a) The torts of trespass to goods, conversion and detinue cannot be placed in
separate watertight compartments as each of them overlaps with the others at
several points. Elucidate, highlighting the points of meeting and divergence.
(b) Ukana sent his Volvo Car through his driver Ibe to Apex Motors Ltd. For
repairs. Ibe was advised to come back for the car after two days with the sum
of N20,000.000 as cost of repairs, Ukana gave lbe the said sum of N20,000.00
and instructed him to collect the car from Apex Motors Ltd. but the Company
refused to release the car to be. insisting on seeing Ukana personally. Sam saw
the car at Apex Motors Ltd and thought that it belonged to his friend Chief
Zebi who lost his car that morning. Sam managed to remove the car without
the consent of Apex Motors Ltd: with the intention of returning it to Chief
Zebi. In fact, the car belonged to Mallam Aminu. Advise the parties as to their
rights and liabilities.
6. After a long day’s work in the farm, Eunice, a girl friend to Okorie went to the
village stream to take a bath. While still bathing, Okorie appeared and ordered
her to return home immediately and prepare food for him. When Okorie
noticed that Eunice was not willing to carry out his order, he packed all her
clothes and returned home. Eunice could not get out of the stream for about
three hours. She only left when Rachael a passer-by gave her a piece wrapper
to cover herself. When she arrived home, Alex and Umoren, the two younger
brothers of Okorie, demanded to know why she should starve their elder
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brother for such a long time; but Eunice told them to mind their business. Alex
in annoyance slapped Eunice once on the face; While Umoren suddenly
pointed an unloaded pistol at her and said ‘But for this Independence
Anniversary, I would have left a permanent mark on you now”.
Eunice quickly ran into her room. She is now considering an action in tort
against Okorie, Alex and Umoren, but her friend Mariam who is a part three
law Student has informed her that she cannot do so because of the rule in
SMITH V SELWYN. Advise Eunice who has consulted you.
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UNIVERSITY OF UYO
FACULTY OF LAW
FIRST SEMESTER EXAMINATIONS, 2011/2012 SESSION
COURSE: LAW OF TORTS (PIL 313)

DATE: 30TH MAY, 2012
INSTRUCTION: ANSWER 4 QUESTIONS TIME: 3HOURS
1. On April fool’s day (1st April 2012) Paulo told his long time friend, Pito,
that Pito’s fiancée was knocked down by a cyclist (Okada) and was rushed
to the hospital in a critical condition. It later turned out that no such thing
happened. But on hearing the fake news, Pito fainted and was rushed to the
hospital where he was admitted for four days.
Consider the liability (if any) of Paulo to Pito.
2. How correct is it to say that the law of tort at times cannot easily be
distinguished from some other legal concepts/branches of the law like
criminal law, trust and contract?
3. In a recent arbitration meeting in the palace of the traditional ruler of Eket,

judgment was given against Chief Eyo in favour of Chief Eta. Suddenly,
Chief Eyo brought out a gun and pointed it at Chief Eta but was quickly
disarmed by a vigilant palace guard. Chief Eyo, then moved menacingly
towards the traditional ruler with clenched fist but was stopped by other
palace guards. While trying to forcefully remove him from the palace, he
gave a guard terrible bite on the finger. The guard was rushed to the
hospital’ and the doctor quickly amputated the finger.
Consider the liability, if any, of Chief Eyo, the guards and the Doctor.
4. How correct is it to say that the concept of the reasonable man and / or
reasonableness is more pronounced in the law of negligence than any other
branch of the law?
5. Vicentino who recently returned from USA has discovered that a

temporary structure has been erected on his land by an unknown person.
Explain to him the remedies for and defences to trespass to land in Nigeria.
6. Write short notes on two of the following:-

(a) Forms of action
(b) Volunti non fit injuria
(c) Distinction between detinue and conversion by detention.
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UNIVERSITY OF UYO
FACULTY OF LAW
2014/2015 FIRST SEMESTER EXAMINATION

1(a) Is fault the basis of tortuous liability?

(b) “There is no such thing as a law of tort, but merely a large group of
unconnected wrongs, each with its own name. A plaintiff seeking recovery
must find a pigeon-hole in which to fit the defendant’s conduct and the
harm he has suffered before the court will afford a remedy.” Comment
critically.
2(a) Assault usually precedes battery, though there are circumstances where
each may be committed without the other. Discuss.
(b) What are the remedies open to a plaintiff who is aggrieved by the
defendant’s act of trespass to his land?
3. Boma was already late for work as he struggled to get out of the CITY
TRANSPORT BUS. In the process, he was pushed by the other
commuters who were also struggling to get down. Boma noticed that it
was Bocco who pushed him and he aimed a fist low at Bocco, but this was
intercepted by the Bus Conductor. Bocco’s friend Oko, suddenly
produced an unloaded pistol from his pocket, pointed it at Boma and said
“if not for the policemen at that Bank premises, I would have finished you
now.” Boma hurriedly moved away from the scene of the incident fully
determined to solicit his Solicitor. At 10.30am Boma eventually arrived
at his Office on the seventh floor of the Empire Building. He decided to
work for extra hours after the official closing time. At 6.45pm Queen, his
beautiful girl at Natty Campus called on him in the Office and demanded
a birthday present from Boma. She was annoyed that Boma did not offer
her any present and she attempted to walk out of the office. Boma quickly
snatched her handbag from her, locked the office door and took out the
key. “You can go out through the open window if you like,” he remarked.
Though he succeeded in kissing her several times, she resisted and raised
an alarm which attracted Mallam, the company’s security guard who came
and unlocked Boma’s door with the master key.
(b) Discuss all the legal issues involved in the encounter between Boma,
Bocco and Oki.
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(c) Queen now want to institute a legal action against Boma but her friend,
Imelda,a part 3 Law Student had advised her that she cannot do so because
of the rule in Smith v Selwyn. Advise Queen who has consulted you.
4. Uduak borrowed a Car from Terfa for the purpose of making a weekend trip
to his village. That evening, Rufina without permission managed to remove
a spare tyre from the said Car and used it in replacing the flat tyre of her
own car which had developed problem as near Uduak’s house. On reaching
home Rufina promptly returned the spare tyre to Udual but Uduak
expressed his displeasure over the action of Rufina. Rufina simply dropped
the spare tyre on the ground and said “I do not know why you are making
so much noise; after all this spare tyre belongs to Terfa.” Uduak has
resolved to consult his Solicitor over the incident the following day
however; Uduak drove the borrowed car to Cotonou in Benin Republic. He
bought 4 bales of second hand clothes and while attempting to smuggle
them back into Nigeria, he was arrested by men of customs and excise and
was only released on the payment of N50,000 fine. However, the 4 bales
and of second hand clothes and the Car were forfeited and sold in
accordance with Custom’s Law.
Advise Terfa, Uduak and Rufina as to their rights and liabilities in torts.
5(a) Critically comment on the judgment of the Nigerian Supreme Court in the
case of Ibekendu v Ike (1993) 6 NWLR (Pt. 299) 289, in relation to the
doctrine of res ipsa loquitur.
(b) With the aid of decided cases and statutory provisions, explain fully the
defences of contributory negligence and volenti non fit injuria, in relation
to the tort of Negligence.
6(a) Bassey reported the theft of his television set to the Police. The Police
Officer on duty then asked him if he suspected any particular person and
Bassey named Okon as a suspect. Acting on the complaint, Constable Eyo
visited Ikot Uko (the village where both Bassey and Okon live). He
arrested Okon and detained him for fifteen hours. Subsequent
investigation revealed Okon’s innocence. Okon has now instituted an
action against Bassey for false imprisonment. Advise Bassey.
(b) Okon intended to travel from Calabar to Oron by the ferry boat operated
by Ufot Ferry Co. He paid his fee on entering the wharf to stay there until
the boat would commence the trip to Oron. He discovered that he had
forgotten to bring with him his purse. He changed his mind and wished to
go back. The rules as to exit from the wharf, which were stated on a board
at the entrance, required that any person intending to leave the wharf must
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pay an exit fee of N50 only. Okon refused to pay the N50 exit fee and was
prevented from going out through the gate. He had no choice except, either
to proceed on the boat journey he had contracted for, or to comply with
the required payment of N50 to get out of the wharf. Okon wishes to bring
an action against Ufot Ferry Company for imposing total restraint on his
freedom of movement. He argued that he had no money on his person and
the Defendant would not let him go out. If he had not borrowed money
from a friend he would have stayed in the wharf forever. Advise Okon
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UNIVERSITY OF UYO
FACULTY OF LAW
2012/2013 SECOND SEMESTER EXAMINATION
COURSE TITLE: Law of Tort

COURSE CODE: PIL 323 I
TIME ALLOWED: 3 Hours.
INSTRUCTION: Answer any four (4) questions supporting them with legal
authorities.
1(a) Hipiyayo Nigeria Ltd. has this 2014 recently cited its factory at Ekit Itam
village and employed more than four thousand members of Ekit Itam
community and gives scholarships to students from the community. The
company undertakes the processes and production of oil from palm kernel.
Noxious fumes emanate from the factory despite the company’s strict
compliance with the current requirement on how to. minimize the fumes.
The company’s machines also produce a lot of noise and serious
vibrations. Both occupiers and owners of houses around the factory have
complained. Emmanuel one of the member of Ekit Itam village, suffered
serious gastric illness as a result of the noxious fumes for which he was
admitted in the Hospital. Chike, an owner of a plantain plantation near the
factory complained that leaves of his plantain have withered away as a
result of the fumes. Bright a lodger at the synagogue Hotel, close to the
factory, suffered damage from the noise vibration from the factory. The
community has also complained damage suffered by them as. a result of
fumes and vibration caused by the factory installation. Barr. John who also
lives close to the factory has suffered from the noise vibration from the
factory since 1994 and is not comfortable with it any more.
Emmanuel, Chike & Bright has now threatened to sue Hipiyayo Nig. Ltd.
Advise the parties on the success of their cases. 10 Marks
b) After obtaining N50,000.00 legal fees from his client, Barr. John now
intends to sue Hipiyayo co. Can he succeed and why. 2 Marks
c) What must the plaintiff show to have existed in order to succeed in an
action for Malicious Prosecution. 5 ½ Marks.
2a) In finding cure for HIV/AIDs Mr. LAR, a researcher in Lagos, has
imported into a laboratory in his compound a virus for experimental work
on the disease. He also built and maintained a water reservoir which
provided water for the laboratory in his compound and of which he sales
to members of the community. Upon pumping the water into reservoir, the
reservoir bursts destroying the part of the laboratory in which the virus was
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kept. The water escaped into the adjoining land where Mama lyabo
waterleaf farm and Dr Akpan poultry farm are situated. The water
completely washed away the waterleaf planted by Mama lyabo or her
farmland. The virus in the water destroyed poultry birds of Dr Akpan worth
N100,000.00.
Mama lyabo and Dr. Akpan intend to maintain an action against Mr. LAR,
Advise the parties. 7 ½ Marks
b) Would your answer have been different if the bursting of the ‘reservoir was
caused by heavy rainfall? 3 ½ Marks
c) The law as expressed in the maxim “actio personalis non-moritur curn
persona” is no longer good law. Discuss. 6 ½ Marks
3. (a) In January 2014, Mr Ikemba sold Mr Ozo’s land at Imo state, without Mr
Ozo’s knowledge, for N700,000.00 and appropriated the money to his own
use. When confronted by Mr Ozo in the presence of Daniel, the Bishop of
his church, Mr Ikemba did not say anything but Mr Ozo in annoyance told
the Bishop that Mr Ikemba is an adulterer. As a result of this false
statement, Mr Ikemba was excommunicated from his, church. Since Mr
Ikemba has been nominated as one of the representatives of the Association
of Chartered Accountant at the National Conference in Abuja, Mr Ozo who
still annoyed over the attitude of Ikemba, has written to the Chairman of
the National conference. He has also filed a case in court against Mr
Ikemba for the recovery of his N700,000.00 where he falsely stated in the
affidavit that Mr. Ikemba is a rapist and a murderer and that he is afraid of
his life.
Now Mr Ikemba intends to sue Mr Ozo. Advise him on the various legal
issues involved. 11 ½ Marks
b) It is the law that slander may be actionable per se. do you agree? 3 Marks
(c) State the factors usually considered by the Court in determining the
reasonableness of the Defendant’s conduct in the tort of nuisance.
3 Marks
4. (a) Uko, an employee of BACO Co. in Uyo, was authorised to use the
company’s lorry to go to work at Aba to bring goods. On the Lorry is boldly
written “Goods Only”. Uko was also expressly prohibited from carrying
any passenger in the bus and from branching any place along the road. Uko
returned from Aba earlier and on getting to Ikot Ekpene he decided to
branch and eat at Umuahia road about 1 kilometre from Ikot Ekpene Aba
Road. At the restaurant Uko met his girl friend, Blessing, and decided to
give her a lift to Uyo. But immediately Uko and Blessing left the restaurant
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in the Lorry, but before reaching Aba —Ikot Ekpene Road, the bus which
was driven at a high speed, swerved across the road and hit Okon, a
pedestrian, injuring him severally. The bus then ran into an electric pole
where Blessing sustained spinal cord injury as a result of which she cannot
walk or work again. Now Okon and Blessing intends to sue BACO Co. for
the tort of her employee.
Advise Okon and Blessing. 8 Marks’
(b) What is the basis of the concept of vicarious liability as express in the
maxim qui facit per sa. 3 ½ Marks
(c) List the defences that are available to the defendant in the Tort of
defamation. 5 ½ Marks
5. Ube Tobacco Co. Ltd in Nigeria produces cigarette called “Bandmaster”
in packets which has a Whiteman in a bandmaster’s uniform as the trade
mark. This picture distinguishes Ube Tobacco Co. Ltd’s cigarette from
other types of cigarettes. However, the trade mark is not registered.
Recently, Ude Tobacco Co. Ltd has been incorporated with its head office
in Kaduna and has commenced the production and sale of cigarettes.
UNIVERSITY OF UYO
FACULTY OF LAW

INSTRUCTION: ANSWER ANY FOUR QUESTIONS
TIME ALLOWED: 3 HRS
1(a) Comment critically on the judgment of the Nigerian Supreme Court in the
case of Adediran v Interland Transport Ltd (1991) 9 NWLR (Pt. 214) 115
as it affects Locus Standi in public nuisance.
(b) Okon had carried on the business of Palm Oil processing for more than twenty
years at his premises along Bebiem Road, Calabar. He makes use of heavy
machinery in his business operations. Okon’s premises adjoins the lower end
of Dr. Dan’s garden. Recently, Dr. Dan built a consulting room at the base
of his garden but has found its use adversely affected by the noise generated
by Okons machines. Additionally, Dr. Dan’s highly sensitive and costly
flowers, planted around the consulting room have been damaged by fumes
from the said machines, Dr. Dan now intends to sue Okon for damages in
nuisance and to seek an injunction restraining him from further operation of
the machines. Advise the parties.
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2. Black Gold Ltd is as oil exploration and prospecting company with licence
to lay oil pipelines and drill crude oil in the Niger Delta region of Nigeria.
Recently one of its oil pipelines leaked and noxious crude oil freely spilled
into plots of adjoining farmlands and fishponds belonging to several
members of Edema Village. It also affected the river, which was the only
source of drinking water for the entire community. Black Gold Ltd has
denied responsibility for the leakage and maintains that it was caused by the
negligent act of militant youths -who were escaping from members of the
Joint Task Force.
(a) Advise the parties as to their rights and liabilities
(b) In the event of litigation, which court/courts would you advise the
aggrieved party/parties to approach for redress and why?
(c) Would your advice in (a) and (b) be different if the spillage was not
from an oil pipeline but simply from an oil waste pit constructed by
the company.
3(a) Examine critically the Rule in Rylands v Fletcher and the exceptions if
any?
(b) On a certain Sunday, while Pastor Okoro and members of his family were in
the Church, unknown thieves broke into the Pastor’s house and stole a large
sum of money. They also damaged the window louvers and doors of the
house. The previous day, Bassey also known as Hardman, had visited the
Pastor’s house while the Pastor was not in and made inquiries from the house
maid as to whether the Church Service on Sunday would last for a long time.
When Pastor Okoro returned from the Church service to see what had
happened in his house, he quickly lodged a complaint with the police against
Bassey who was thereafter charged and tried in the Magistrates Court for the
offences of stealing and destruction of property. Bassey was acquitted of the
charge of stealing but the Court did not pronounce on the charge of
destruction of property. Bassey has now sued Pastor Okoro in the High Court
for malicious prosecution.
(a) Advise Pastor Okoro.
(b) Would your advice be different if the Attorney General had entered a
nolle prosequi stopping further trial of the case?
4(a) Distinguish between libel and slander and state the circumstance under
which Slander may be actionable per se.
(b) Explain how the courts are required to strike an acceptable balance between
the right to freedom of expression and the right to protect ones reputation.
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5) The rule that an employer would not be liable for any tort committed by
an independent contractor engaged by him is not without exceptions.
Discuss.
(b) Salisu, a delivery Van driver employed by Ibaka Gas Distributors Ltd was
specifically instructed by his employer not to give a lift to any one while
on his duty of delivering gas to customers. Additionally, there was an
inscription “PASSENGERS NOT ALLOWED”, clearly written on, both
sides of the said delivery van. On 24th December last year, Salisu while on
duty to deliver cooking gas to the Mobil Housing Estate, gave a lift to
Nancy, a fair, beautiful girl who was going to the Estate to, visit a friend.
Unfortunately, the Delivery Van collided with a stationary trailer due to
the negligence of Salisu. Nancy and a pedestrian, Bassey sustained severe
injuries and have filed separate suits in the High Court against Ibaka Gas
Distributors Ltd claiming damages for ‘the negligence of its servant.
Advise the parties.
6(a) Examine the relevance of the maxim ‘action personalis moritur cum
persona” in tortious claims.
(b) Rowland (now deceased) was a driver in the service of Nelson Transport
Service. On 5th May, 1998 Rowland was hired by a pro-democracy group
‘to convey its members to attend a meeting at Calabar As he was driving
along Odukpani - Calabar express way, Musa, a trailer driver negligently
ran into Rowlands car and Rowland died instantly in the ensuring accident.
Rowland is survived by two sons, Toyo and Tiko, two daughters, six wives
and one concubine whom Rowland was paying monthly allowance for her
up-keep. An action for damages is being contemplated by members of the
deceased family. Assuming that you are the family lawyer what would be
your advice on the following issues:
(i) The nature of the action.
(ii) Who can sue among all the dependants.
(iii) How the court assess the amount of damages payable to the dependants
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UNIVERSITY OF UYO
FACULTY OF LAW

COURSE CODE: P1L313
INSTRUCTION: ANSWER 2 QUESTIONS FROM SECTION A AND 2
QUESTIONS FROM SECTION B TIME ALLOWED 3 HOURS
SECTION A
1(a) Ultimately it could be firmly asserted that ‘fault’ is just one of the basis of
tortious liability, though probably the most significant. Do you agree with
this assertion?
(b) “There is no such thing as a law of tort, but merely a large group of
unconnected wrongs each with its own name. A plaintiff seeking recovery
must find a pigeon-hole in which to fit the defendant’s conduct and the
harm he has suffered before the court will afford a remedy”. Comment
critically.
2. At exactly 10.00am on 20th February 2018 Moore and Moses arrived, in a
Datsun Saloon Car driven by Moses, at Prestige Supermarket where they
intended to carry out a robbery operation. However, as soon as they entered
the supermarket a police patrol vehicle carrying Team 3 of “Operation Fire
for Fire” also pulled up at the premises. Moore and Moses left the
Supermarket immediately and drove into the Calabar- Itu Highway.
Suddenly, the car swerved across the road and hit an on-coming Honda car
driven by Raymond an Accountant with NDDC. Moore and Raymond
sustained serious injuries on their left legs and were taken to Royal
Orthopedic Hospital for treatment. Three days later, certain “Area boys”
invaded the hospital and shot Raymond on his injured left leg which led to
its amputation and Raymond’s subsequent retirement from work. Moore
and Raymond have now instituted separate suits against Moses for
damages in negligence. Moses intends to contend at the trial of both suits
that the Datsun Saloon Car which he was driving skidded on the wet road
and he could no longer control it. Advise the parties. Would your advice
be different if Raymond had left Royal Orthopedic hospital immediately
after admission and against doctor’s advice, for Ikenga Bone specialist
centre where the leg became infected and was subsequently amputated?
3. The standard of foresight of a reasonable man eliminates the personal
equation and is independent of the idiosyncrasies of the particular person
whose conduct is in question” per Lord Macmillan in Glasgow Corporation
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v Muir (1943) AC 448 at 457. With particular reference to the tort of
negligence, examine the relevance of the above dictum; highlighting the
factors usually considered by the courts in determining whether or not a
duty of care has been breached.
SECTION B
1. Mr. Etukudo Udoimuk, a councilor in one of the local government Areas in
Eket Nation Shares a common boundary with Mr. David Unanaowo, a Primary
School Teacher. Last year, Mr. Etukudo Udoimuk, decided to construct
perimeter fence around his property. The contractor negligently extended the
fence to about two feet into the property of Mr. David Unanaowo, Mr. David
promptly alerted Mr. Etukudo who pleaded that since the infraction was only
two feet, Mr. David should forget it. Mr. David insisted that the fence should
be pulled down and be constructed on the proper common boundary. Mr.
Etukudo felt insulted and slapped Mr. David twice on the face and threatened
to set his Alsatian dog on the Teacher. The Teacher has approached you.
Advice him accordingly.
2. For the plaintiff in an action for false imprisonment to succeed, he must prove
that, “the restraint was complete and total”, Bird v Jones (1845). Critically
examine this assertion taking cognizance of the essntia1 ingredients of the tort
of false imprisonment.
3(a) “The tort of trespass to goods strives to promote Justice and preserve social
order by protecting persons against intentional and unjustified interference
with goods in their possession”. Discuss.
(b) State and explain:
(i) The exceptions (if any) to the rule that “possession is essential to the
tort of trespass to goods; and
(ii) The Defences (if any) to an action on trespass to chattel/goods. Support
all your submissions with relevant authorities.
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UNIVERSITY OF UYO
FACULTYOF LAW
201612017 FIRST SEMESTER EXAMINATION

INSTRUCTION: ANSWER ANY FOUR QUESTIONS TIME
ALLOWED: 3 HRS
1(a) Do you agree with the assertion that “fault” is the only basis of tortious
liability?
(b) ‘The law of torts consists of a number of specific rules prohibiting certain
kinds of harmful activities and leaving all the residual activities outside the
sphere of tortious liability” comment critically.
2(a) ‘In order to constitute false imprisonment, the plaintiffs freedom of
movement must be restricted in every direction and he must be fully aware
of his imprisonment”. With the aid of decided cases, critical examine the
above statement.
(h) With the aid of decided cases and other source materials, examine the
position of the finder of chattels which do not belong to him, under the law
of torts.
3(a) “The rule-RES IPSA LOQUITUR- is to afford prima facie evidence of
negligence on the part of the defendant”. Elucidate this statement,
explaining the circumstances under which the rule could be invoked
successfully by the plaintiff in an action on negligence.
(b) Discuss the circumstances under which a plaintiff may recover damages
for injury caused by a negligent misstatement.
4 “The concept of remoteness of damage is one way in which the law sets
limits to the extent of a person’s liability for the consequences of his
conduct”. With particular reference to the tort of negligence, discuss this
statement citing relevant decided cases.
5. Uduak borrowed a Car from Terfa for the purpose of making a weekend
trip to his village. That evening, Rufina without permission managed to
remove a spare tyre from the said Car and used it in replacing the flat tyre
of her own car which had developed problems near Uduak’s house. On
reaching home Rufina promptly returned the spare tyre to Uduak but
Uduak expressed his displeasure over the action of Rufina. Rufina simply
dropped the spare tyre on the ground and said “I do not knovv why you are
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making so much noise; after all this spare tyre belongs to Terfa”. Uduak
has resolved to consult his Solicitor over the incident. The following day
however; Uduak drove the borrowed car to Cotonou in Benin Republic. He
bought 4 bales of second hand clothes and while attempting to smuggle
them back into Nigeria, he was arrested by men of customs and Excise and
was only released on the payment of N50,000 fine. However, the 4 bales
of second hand clothes and the Car were forfeited and sold in accordance
with Custom’s Law.
Advise Terfa, Uduak and Rufina as to their rights and liabilities in torts:
6. Daniel a learner — driver was driving his newly acquired Datsun Laurel
Car along Uyo - Ikot Ekpene Road when the car suddenly swerved across
the road and hit an on-coming Honda Sport Car driven by Ndidi, a member
of the House of Representatives. Ndidi sustained severe injuries on her left
leg and was taken to Nwogu’s Orthopaedic Hospital for treatment. Three
“Area Boys” were also receiving treatment in the said Hospital. On a
certain Monday evening some “Bakassi Boys” came to arrest the “Area
Boys” and there was serious exchange of gun fire during which one of the
“Bakassi Boys”, shot at Ndidi is already injured led which led to its
amputation.
Ndidi intends to sue Daniel for damages in Negligence and has consulted
you. Advise her carefully.
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UNIVERSITY OF UYO
FACULTY OF LAW
COURSE: LAW OF TORTS II (PIL 323)
Instructions: Answer Any Four Questions Time Allowed: 3 Hours
1. Dr Denco is a medical practitioner and a governorship candidate for ABC

Party in the next general election. His running mate is Chief Kojo, a popular
member of the National Union of Road Transport Workers. Recently,
Comrade Roger of the National Labour Congress, a rival political party, wrote
an article in the Sunlight Newspaper in which he referred to Dr. Denco and
Chief Kojo as serial murderers. Against this background, discuss the defences
in action for defamation and the factors which influence assessment of
damages in such actions.
2. The most important judicial remedies in the law of torts are damages and
injunction. Discuss these remedies
3. Blue Waters Organization recently constructed a private Ferry Terminal along

Oron River during which a large deposit of silt was generated, making it
impossible for large ships to pass through. Harcos Ltd. was compelled to spent
money in removing the silt to enable their large vessels pass through to their
private jetty. Consider whether Harcos Ltd. can maintain an action for
nuisance against Blue Waters Organisation.
4. Snowball Ltd. is a company that engages in animal husbandry and production

of animal feeds. It. also has a small zoo in one section of the premises. The
production of animal feeds generates toxic substances which are housed in a
large tank. One afternoon, the tank burst open spilling its contents into the host
village. Many people were injured; a few others died. In anger, the villagers
attacked and destroyed the Company premises causing some of the animals to
escape. A Cheetah which escaped from the zoo attacked and killed more
villagers. Advice the Company and the villagers on their rights and
obligations.
5. In an action for malicious prosecution, the plaintiff must prove, not only that
the prosecution ended in his favour, but also that there was no reasonable and
probably cause for the prosecution. Discuss.
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6. A master is not vicariously liable for the tort of his servant where the latter
was not acting within the cause of his employment. With the aid of judicial
authorities, discuss the various situations that create difficulty in this area of
the law.
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UNIVERSITY OF UYO
FACULTY OF LAW
Course Title: Commercial Law II

Date: 8th November, 2007
Time: 3 Hours
ATTEMPT ANY FOUR_QUESTIONS
1. “Since the purchase price of the rig No. LA 3509 WD was N514,483 and the
purchase price was made subsequent to the coming into force of the Hire
Purchase Act, the provision of the Act would only apply to the transaction on
LA 8509 WD if the rig was a motor vehicle within the meaning ascribed to it
under the Act. So the common law rule will apply since a rig is not a motor
vehicle within the meaning of section 1 of the Hire Purchase Act. Cap 169
LFN 1990 per Oguntade JCA in CDCN v SCOA (2001)21 WRN at 106”.
Do you agree with the above statement? Comment and justify your position
with relevant authorities.
2. (I) The enactment of the Hire Purchase Act created an escape route to the
Hirer who hitherto suffered untold hardship in the hands of unscrupulous
owners. Discuss.
(II) Critically examine the growth and development of the Hire Purchase
Agreement in Nigeria.
3. Okon, a Fisherman, is an indigene of Oron in Akwa Ibom State: Six months
ago, he approached a company called Metropolitan Trading Company to buy
a trawler on hire purchase. The said trawler was valued at N1500,000.00.
Okon Paid the initial deposit of N500,00000 and agreed to pay the outstanding
N100,000.00 in four installments of N250000.00 per month. Three months
later the trawler developed fault in the engine. However, he still managed to
use it but not on regular basis. Because of this problem, Okon could only pay
two installments of N250,000.00 each. Okon is now in arrears for two
installments. Advise the Parties
Would you agree with Okon’s contention that the manufacturers of the
Toshiba Airconditioner rather than him should be sued by the Bank? With the
aid of authority(ies) give reasons for your answer.
4. Banigo approaches Nwuche, an estate agent, and asks him to find a purchaser
for his vacant land situates at D/Line. Port Harcourt, River State. Nwuche
introduces Douglas who expresses willingness to buy the land on the terms
Banigo has stated and he signs a contract for the purchase of the land. Agomo,
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an old classmate of Banigo hears about the proposed sale of the land, makes
an offer to Banigo to purchase the land and the latter accepts Agomo’s offer,
pays cash at the spot and persuades Banigo to sign the relevant document for
the conveyance of the land to him. Nwuche sues Banigo for his commission
as estate agent.
(1) With the aid of decided cases, consider the approach the court will adopt
in deciding the claim for commission.
(2) Would it make any difference, if Nwuche introduces his Pastor to buy the
property so as to receive more blessings from him and Banigo refuses to sell
the property to his pastor but prefers selling it to Agomo?
Give reasons for your answer, supporting same with authorities, if any.
5. Femi is the Managing Director of Dudawa industries Ltd located at No.4 Ikosi
Rd, Ketu in Kosofe Local Government Area of Lagos State. They are
manufacturers of Joy Relaxer. The company advertises for tenders for the
supply of chemicals needed for the manufacture of the said Relaxer. Ibukun-
oluwa chemicals Ltd, among others submits their tender and same is accepted
by Duduwa Industries Ltd. The letter of acceptance is written and signed by
Mr. Femi who delivers same to Ibukun-oluwa chemicals Ltd. Consequently,
the latter supplies chemicals worth #2m to Duduwa Industries Ltd. Duduwa
Industries Ltd has taken delivery of the said chemicals using same for the
production of Joy Relaxer. However, Duduwa Industries Ltd only pays #1m
leaving outstanding balance of #1m. Ibukun-oluwa chemical Ltd has written
to Mr. Femi asking him to pay the outstanding balance obut the latter has
pleaded that there is no money to pay for now. Ibukun-oluwa chemical Ltd
has decided to sue Mr. Femi and Duduwa Industries Ltd for breach of contract.
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UNIVERSITY OF UYO
FACULTY OF LAW
Course Title: Commercial Law II

Date: 30th November, 2010
Time: 3 Hours
ATTEMPT ANY FOUR_QUESTIONS
1. Universal Construction Company Ltd is a Construction Company based in

Uyo, Akwa Ibom State. The Company urgently requires a water pump
machine that could pump up to 1,000,000 cubic litres of water per hour.
The company enters into a Hire Purchase Agreement with Global Heavy
Duty Enterprise to buy the water pump machine valued at N250,000.00
(The Hire Purchase price) with the above specification. The Hire Purchase
Agreement provides, inter-alia as follows:
i. The owner shall terminate the Hire Purchase Agreement if the Hirer
defaults in making installment payments as and when due.
ii. The owner shall be entitled to be paid Two-third of the Hire Purchase
price if he terminates the agreement as a result of the hirer’s default
in making the installment payments
Universal Construction Company Ltd takes delivery of the machine and
begins to make installmental payment, after making the initial deposit.
After making three installmental payments the company refuses to make
the final payment of N50,000.00 due to certain effects discovered in the
machine which makes it difficult to pump the said 1,000,000 cubic litres of
water per hour. Pursuant to clause 1 of the agreement, Global Heavy Duty
Enterprise terminates the agreement. It also forcefully removes the
machine from the premises of Universal Construction Company Ltd.
Universal Construction Company contends that they are entitled to a
waiver of the remaining one installment in view of the defects discovered
in the machine. Global Heavy Duty Enterprise of the other hand is insisting
on being paid two-third of the Hire Purchase Price in accordance with
clause 2 of the agreement. Examine all the legal issues and advice the
parties.
2. Afolabi obtained a loan of N2.5 million from Rainbow Bank to buy Toyota
Corolla, last year. He paid the sum of N2.3 Million, leaving N200,000.00
outstanding. The Bank threatened to seize the vehicle pending when he would
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pay the outstanding sum. Afolabi got to know this and approached Emeka to
sell the vehicle to him on Hire Purchase in the Sum of N2.2 Million being the
Hire Purchase Price. Both reached a mutual understandin that the N2.2 Million
shall be paid in four installments, after payment of the initial deposit. Emeka
paid the initial deposit of N200,000.00 and Afolabi used this um to liquidate
his outstanding balance with Rainbow Bank. He was very regular with his
monthly installment of N500,000.00 per month. After paying up to three
installments, Okon in connivance with Afolabi seized the vehicle from Emeka
contending that Afolabi was indebted to him in respect of certain goods he
bought from him on credit. Emeka refused to pay the remaining one
installment. Emeka was injured when the vehicle was forcefully taken from
him.
Examine all the Legal issues and advise the parties.
3. Alhaji Kehinde is a Lagos based Businessman. He took delivery of a Honda
Accord from Ibrahim who is a car dealer along Opehi Road, lkeja Lagos. The
Hire Purchase Price of the vehicle was N1.5 Million. An agreement was
perfected by both parties that the Hire Purchase Price was to be paid in four
installments, after the initial deposit of 11500.000.00 Alhaji Kehinde paid the
initial deposit of 11500.000.00 Naira and later paid up’ to three installments;
of N250,000.00 per month. He was unable to complete the remaining one
installment. Consequently, Ibrahirn terminated the Hire Purchase Agreement
and filed an action at the Magistrate Court, Ikeja Lagos, to recover the vehicle
from Alhaji Kehinde. After filing the action at the Court, he went to the house
of Alhaji Kehinde with thugs repossesses the vehicle. Unkown to Ibrahim,
Alhaji Kehinde had sold the vehicle to Alhaji Abubakar. It was forcefully
removed and taken to Ibrahim’s premises for safe keeping. Advice the parties
as to their respective remedies.
4. Etim is the Manager of Life Bakery situated at No.10 Uyo Road, Oron. Akwa
Ibom State. The Company wants to expand their business. Etim approaches
Silver Bank for a loan of N2 Million. The application letter for the loan is
written and signed by Etim, the Managing Director, who also personally
delivers the same to the Bank. The Bank grants the loan to the Company. The
Company cannot pay back the loan and Bank has sued Life Bakery joining
Emeka as a party to the suit. Advice the parties.
5. Mr. Effiong approached Sunday, an estate agent and asked him to find a
Purchaser for his bungalow. Sunday introduced, Mr. Obot who expressed his
willingness to buy the property on the terms Mr. Effiong has stated and he
signed a contract for the purchase of the property. Inyang, a colleague of Mr.
Effiong heard about the proposed sale of the property: He approached Mr.
Effiong and made a mouth watering offer and Mr. Effiong quickly accepted
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the said offer. He doled out the sum of N20 Million in cash to Mr. Effiong and
he was given the relevant documents to sign. Sunday is disgruntled and has
sued Mr. Effiong for his commission.
What principles will be considered by the Court in deciding the claim for
commission. Support with relevant authorities.
6. Answer any three of the following
i. The points of convergence between Hire Purchase and Sale of Goods
ii. Credit cards and Luncheon Voucher
iii. Characteristics of Agency Relationship
iv. Agent’s duty not to make Secret Profit
v. Agency by Presumption of Law.
GOOD LUCK
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UNIVERSITY OF UYO
FACULTY OF LAW
Course Title: Commercial Law
Instruction: Attempt any Four (4) Questions, Two questions from each
Section. Use separate Answer Booklet for each section.
SECTION A:
1. The plaintiff, a fish exporter carrying on business in Ireland. dispatched 190 boxes
of mackerel by rail to his customers in England and instructed the railway officials
to earmark twenty boxes for the defendant and the remaining boxes to two other
consignees. The train was delayed before the defendant’s boxes were earmarked and
by the time this was done the fish has deteriorated. Advise the defendant stating the
position of the law.
2. A clause in the contract stipulated that:

All purchases of the company’s goods by the distributor shall strictly be for
cash payments: provided that the company will grant up to thirty days credit
after delivery of goods by the company to the distributors within which the
distributors shall effect payment in full for all goods received.
The seller supplied goods on nine occasions in 1972 for which the buyer could not
pay cash on all occasions thereby leaving a substantial balance. Notwithstanding
this, the buyer or insisted that the was entitled to further supplies of goods, and that
the seller’s failure to supply him amounted to breach of contract. State the legal
issues raised and advise the buyer.
3. X contracted to sell to Y what to be shipped from South America. The ship carrying
the wheat arrived at Hull on l8th March. On 21st March Y resold and delivered part
of the wheat to Z. On 23rd March, Y had its first opportunity to examine the goods
and, on doing so found them not to conform with to the contract. Consequently, he
rejected them. In other words, before the expiration of a reasonable time for
examination, Y rejected the wheat for non-conformity with the contract. With
decided authorities, state the position of the law in respect thereof.
SECTION B:
1. Comment on the validity of the following:
i. “Please let the bearer have N1,000,000.00 and place it to my account and you
will much oblige your humble servant”.
ii. “Please pay on the attached receipt being stamped, signed and dated”
iii. A bill payable “after sight”
iv. A bill payable “at sight’
v. “Pay Etim or order” or “Pay Etim only”
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vi. A bill in possession of a person who did not know that it was dishonor or was
defective in title.
2. Identify and explain the different payment mechanisms used in import and export
transactions.
3. A cheque and a bill of Exchange are like Siamese twins but they can he separated.
Discuss.
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FACULTY OF LAW
FIRST SEMESTER EXAMINATION SESSION: 2013/2014
COURSE CODE: PIL 314 TIME ALLOWED: 3 HOURS

COURSE TITLE: COMMERCIAL LAW
INSTRUCTIONS: ANSWER ANY FOUR QUESTIONS
1. The seller agreed to sell all the slag and cinders lying on a particular piece of
land. After the buyer had taken some of the slag, the third parties claimed that
the slag belonged to them and effectively prevented the buyer from collecting
further supplies. The buyer sued the seller for damages for non-delivery under
the Sale of Goods Act. Advise the parties discussing the legal issues raised
and state the position of the law in respect thereof.
2. The plaintiffs’ sellers agreed to sell a condensing machine to the defendants,

The machine weighed 30 tons and was bolted to and embedded in a cement
floor. Under the term of contract, the plaintiffs were to dismantle the machine,
a task which cost them €100 and took about 2 weeks. While the engine was
being bided on a railway truck, it was damaged. Advise the parties.
3(a) K, the plaintiff, allowed W to have jewellery on sale or return and W pawned
the jewellery with A, the defendant. The plaintiff brought an action to recover the
jewellery from the defendant. What is your opinion? Support your answer with
the position of the law.
(b) The law sets out five rules for ascertaining the intention, of the parties, where
their intention cannot be made out as to the exact time at which property will pass.
What are there?
4. A Liverpool broker, Hollins, purchased cotton from another broker, Bayley,
who had obtained it from Fowler, the owner, without title in circumstances of
fraud, Rollins purchased the cotton in good faith and sold and delivered it to a
manufacturer. What are the legal issues raised? Discuss, stating the exceptions
5. The Sale of Goods Act provides for the rights and duties of both the seller and
the buyer. Delivery of the goods and payment of the price are concurrent
conditions. Discuss these, stating other rights and duties.
6. A negotiable instrument is a financial instrument, the full legal title to which is
transferable by mere delivery or by endorsement and delivery. Discuss, stating
the essential elements for its validity.
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FACULTY OF LAW
SECOND SEMESTER EXAMINATION SESSION: 2016/2017
DATE: 4/7/2017 COURSE CODE: PIL 324

TIME ALLOWED: 3 HOURS COURSE TITLE:
COMMERCIAL LAW
1. The relationship of principal and agent is primarily consensual. Consequently,

the rights and duties arising from such relationship are discernible from the
express or implied agreement between the parties. Hence, there exist rights
and obligations with attendant duties on both parties to one another. Do you
agree? Discuss stating such rights and obligations.
2. (a) Emeka acquired a Coaster bus from Yusuf Motors on hire purchase and
discovered after sometime that the engine was defective, and he replaced it
with a new engine. This problem caused him to default in the payment of
instalments and Yusuf Motors seized the bus, accusing him of breach of the
hire purchase agreement. Emeka brought the defective engine and showed to
staff of Yusuf Motors Workshop, and sued for damages for breach of
warranty by their supplying of a vehicle that was unfit for purpose acquired.
Illustrate with relevant authorities whether his claim would succeed.
(b) Also, Emeka acquired a Mazda Bus of hire purchase from Savanah Motors
Limited at a total hire purchase sum of N5,000,000 payable in 36 monthly
instalments. After the payment of 30 instalments totaling N4,166,667, Emeka
defaulted in the payment of the next two instalments and Savanah Motors
seized the bus and sold. Emeka has sued for breach of contract and made all
relevant claims. Illustrate with authorities, what would be the likely decision
of the court.
3. An agency agreement provided for the creation and termination of the

relationship at the end of the six months or thereafter by one month’s notice.
At the end of six months the principal terminated the relationship. The Agent
is aggrieved. Advise him stating the various ways in which such relationship
can be created and terminated.
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4. (a) Mr. Ituen got a laptop from Umoren for N100,000 on hire purchase at a
monthly rental of N5,000.00. Their agreement stated that if he should
promptly pay all the 20 monthly instalments, he would become its absolute
owner, but if not it would remain as the sole property of Mr. Umoren. It further
stated that Ituen could terminate the contract any time by returning the laptop
to Ifiok and Umoren sued Ifiok to recover it. Illustrate with relevant
authorities, whether his action will succeed.
(b) Mr. Ifiok acquired a new Toyota Hiace Bus through a hire purchase
agreement from UNIUYO Microfinance Bank for commercial purpose, paid
the initial deposit and registered it as a commercial vehicle. After payment of
7 out of a total of 36 instalments provided in the agreement. The bus was
snatched at gun point by armed robbers while carrying passengers in Uyo
Township. Ifiok has not paid any further instalment since then, and UNIUYO
Microfinance Bank has sued him for all instalments due. Discuss with relevant
authorities, whether Ifiok will have any defence, illustrating what will be the
likely decision of the court.
5. (a) What were the problems in hire purchase transactions under the common
law, that warranted the enactment of the Hire Purchase Act?
(b) Discuss with authorities the conditions and warranties that are implied in
the hire purchase transactions.
6. The courts are reluctant to find that an agency of necessity exists because it
imposes obligations on someone who has not given consent to the supposed
agent to so act. The agency of necessity may arise where certain condition are
fulfilled. What are these conditions.
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FACULTY OF LAW
SESSION: 2012/2013
COURSE CODE: PIL 314 TIME ALLOWED: 3 HRS
1. Mr. Gold in the course of eating the biscuit manufactured by Mr. Silver, and
sold by Mr. Bronze in his supermarket found a decayed tooth in it, and in
consequence became hysterical and physically ill. Discuss the legal issues
herein and advise the parties.
2. What are the essentials of a valid Bill of Exchange and how can a bill be
discharged? Draft a sample of a bill of exchange.
3. Yellow sold a car to Blue by Auction. Blue who was a swindler gave a false
name and address and asked to be allowed to take the car away in return for
his cheque. Yellow allowed Blue to do this on obtaining his signature to a
document which stated that the title to the vehicle would not pass until the
cheque was met. Blue sold the car, which was ultimately resold to white.
Discuss the legal issues raised herein and state the rules for determining
when property is transferred from the seller to buyer.
4. The buyer bought a car from the defendant which he then resold to a third
party. It was then discovered that the defendant had no right to sell the car
which was repossessed from the third party. The buyer returned the full price
to the third party and then claimed the amount of his own purchase price from
the defendant. Advise the parties and discuss the exceptions to the Latin
maxim: “Nemo dat quod non habet.”
5. A new Nissan Laurel broke down when the buyer had it for just three weeks
and when he had only driven 220km. The buyer is so bitter and has come to
you for advice. State the position of the law in relation thereto and advise
the parties.
6. Goods belonging to the plaintiff arrived Lagos from Germany aboard a ship
and were kept in a warehouse pending the collection by the plaintiff who had
notice of the arrival of the goods. Later, it was discovered that the goods had
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disappeared from the warehouse. The Plaintiff sued the defendants (sellers)
for the price of the goods and non-delivery. Discuss the issues raised. Advise
the parties stating their duties in this transaction.
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FACULTY OF LAW
FIRST SEMESTER 2016/2017 EXAMINATION
Course Title: Commercial Law

Instructions: Answer any two questions each from SECTION A and SECTION
B.
SECTION A
1(a) The Sale of Goods Act provides for the rights and duties of both the seller
and the buyer. Delivery of the goods and payment of the price are concurrent
conditions. Discuss these, stating other right and duties.
(b) The seller agreed to sell all the slag and cinders lying on a particular piece of
land. After the buyer had taken some of the slag, the third parties claimed that the
slag belonged to them and effectively prevented the buyer from’ collecting further
supplies. The buyer sued the seller for damages for non-delivery under the Sale
of Goods Act. Advise the parties discussing the legal issues raised and state the
position of the law in respect thereof
2(a) K, the plaintiff, allowed W to have jewellery on sale or return and W pawned
the jewellery with A, the defendant. The plaintiff brought an action to recover the
jewellery from the defendant. What is your opinion? Support your answer with
the position of the law.
(b) The law sets out five rules for ascertaining the intention of the parties, where
their intention cannot be made out as to the exact time at which property will pass.
What are they?
3. A Liverpool broker, Hollins, purchased cotton from another broker, Bayley,
who had obtained it from Fowler, the owner, without title in circumstances of
fraud, Hollins purchased the cotton in good faith and sold and delivered it to a
manufacturer. What are the legal issues raised? Discuss, stating the exceptions.
SECTION B
1. Chief Ifeanyi Okoye is an exporter of fairly used cars. He is based in Brussels
Belgium. Ikechukwu Offor is a Lagos based Importer of fairly used cars. He
entered into, a contract with Chief Ifeanyi Okoye for the supply of 45 fairly
used vehicles of different type to him ‘in Nigeria The cost of the entire vehicles
was put at N120,000,000.00. Based on the terms of the contract, Chief Ifeanyi.
Okoye was expected to bear the cost of insurance and carriage of the goods
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from Brussels in Belgium to a named ship nominated by Ikechukwu Offor
which would arrive at Lagos port. On arrival of the ship in Lagos, the master
of the ship handed over a document containing the particulars of the goods on
board the ship to Ikechukwu Offor.
i. Identify and explain fully the type of contract and document involved in
the above commercial transaction.
ii. In the event of a Breach of contract by Ikechukwu Offor what are the
remedies for Chief Ifeanyi Okoye.
2. Mr. Asuquo Bassey resides in Lagos, Nigeria. He is indebted to Mr. Charles

Donald who in New York, USA in the sum of N5rn, Mr. Asuquo Bassey in
Lagos is exporting 20 bags of dry fish to Mr. David Richard in California,
USA and is valued at N5m. Mr. Asuquo Bassey draws an instrument on Mr.
David Richard. in California, USA stated that Mr. David Rich should please
pay at any time fifty percent of the, cost ‘of the consignment after completing
the form attached to the instrument to Mr. Charles ‘The instrument is sent to
Mr. Charles Donald in New York, USA who takes same to Mr. David Richard
in California, USA for payment. Mr. David Richard merely collects the
instrument from Mr. Charles Donald and asks him to come back later in the
day for payment.
i. Identify and comment on the, validity of the instrument in the above

transaction.
ii. Draft a valid instrument using the above facts
3. Give the meaning and at least three characteristics of each of the following,
methods of payment for goods n commercial transactions.
i. Promissory Note
ii. IOU
iii. Payment Vouchers
iv. Debit Card
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FACULTY OF LAW
2008/2009 SESSION
COURSE: PIL 314 COMMERCIAL LAW
Instruction: Answer Any Four Questions

Time Allowed: Three Hours
1. Your friend John Paul bought a Fridge and left it with the seller Peter who
resold it to Francis on the ground that the Fridge was left with him for over
one month without information. Advise the parties on their chances if the
matter goes to court.
2. Discuss the rights and duties of the parties in the performance of the contract
under the Sale of Goods Act.
3. Okon and Willie want to enter into a contract of sale. Enlighten them on the
intricacies of such a contract especially as Willie is eleven years old.
4. Sellong, a manufacturer and seller of hot water bottles, sold two of such bottles
to Chika who used one which cut in the process and injured her. Advise Chika.
5. Discuss, with relevant authorities, the rules for determining when property in
the goods is transferred from seller to the buyer.
6. What rights or remedies are available to parties in a contract of sale?
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FACULTY OF LAW
SESSION: 2011/2012 DATE: 24/05/2012 /

COURSE CODE: PIL 314 TIME ALLOWED: 3 HRS
1. Uranus sold a car to Coaster. Uranus had previously bought the car from
Pathfinder, a whiteman. However, the whiteman was convicted of stealing the
car. With relevant authorities discuss the legal issues raised and advise
accordingly.
2 (a) George bought a hot water bottle from XYZ Company, the distributors of
hot water bottles. George examined the hot water bottle and found it to be
alright. It was also confirmed by the Manager of XZY Company that the hot
water bottle was in good condition. The hot water bottle busted after putting
hot water and injured Gorge. Advise the parties.
(b) Would your advice be different if XYZ Company was the manufacturer
and the hot water bottle was a fairly used one?
3. State the rules for determining when property is transferred from the seller
to buyer. What are the exceptions to the Latanic maxim: “Nemo dat quod
lion habet”
4. Write short notes on the following:
(a) Ex-Ship Contract
(b) Delivery
(c) Acceptance
(d) Condition
(e) Sale by Sample
5. Coke bought a fridge from Fanta who stole the same fridge from Mirinda’s
house. Fanta cannot deliver the fridge to Coke because on his way to
Fanta’s house to deliver the fridge, he was arrested by the Police. Advise
the parties.
6. X sold a television set to B and X asked B to examine it before, leaving the
premises of X. B was in a hurry and promised to examine the said television
set when he arrived home. Two weeks later, B examined it and discovered
certain defects. He made an attempt to repair it but he could not. He decided
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to return it to X and asked X to refund the purchase price. Advise the
parties.
UNIVERSITY OF LAW
FACULTY OF LAW
SECOND SEMESTER 2016/2017 EXAMINATION SESSION
Course Title: Criminal Law II

Course Code: PUL 322
Class: LL.B III
Instructions: Answer any Four (4) Questions
1. The Law of Rape in Nigeria as presently constituted is old fashioned and does
not admit of the currency of law as obtained in other jurisdictions. Discuss.
2. (a) At common law, a corpse cannot be the subject of ownership and therefore
cannot be stolen. Does, this also apply in a situation where a corpse possesses
such peculiar attributes as to justify its preservation on medical or scientific
grounds? Can a corpse belonging to Family A be stolen by members of Family
B in ‘Nigeria?
(b) What is the law on stolen property converted to another property.

3. Critically examine the burden on the prosecution for proof against the accused
person on offence of receiving stolen goods.
4. The offence of receiving under false pretences has gained notoriety in our
criminal justice process recently to the extent that one does not accept readily
any business portfolio flaunted on him. Elaborate on the above statement.
5. If I want to be a criminal I prefer the offence of housebreaking to burglary

because burglary is too tedious although nobody would disturb me while I am
on the act, but I need to sleep so that when I wake up, I can effectively plan
my strategy for the offence of house breaking.
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Adumbrate.
6. Mr. A says that he would rather face perdition in hell fire for his atrocities than
to commit the offence of Treason and be subjected to a long criminal trial and
then be sentenced to death if he is found guilty. Comment
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FACULTY OF LAW
SECOND SEMESTER EXAMINATION, 2015/2016 SESSION
COURSE TITLE: Criminal Law

COURSE CODE; PIL 322
CLASS: LL.B III
INSTRUCTIONS: Answer Four Questions in all.
SECTION A:
1. Street on Torts stated in his famous book to the effect that conversion means
that the “the property is destroyed, sold, altered, pledged or used in a manner
inconsistent with the right of the owner” Discuss.
2. In G v. G (1924) AL 349 at 351 per Lord Dunedin, it was stated that even
though the man should not make unreasonable and inordinate demand and the
woman is always refusing sexual intercourse and if he indulges in extra-
marital affairs, which would lead to adultery, gentle violence could be applied
to have sex with her and he can only apply ‘that force if the offence of rape
cannot hang over his head. Stimulate an argument on the foregoing.
3. The notion of responsibi1ity within ‘the bowel of’ fair deserts is strategic and
pivotal to the theory of punishment. Comment.
4. “If a building was, initially built as a warehouse but I now habitually sleep in
it and use it as my residence or home, it is a dwelling house”. Adumbrate.
5. Discuss the synergy’ and the divergence between the offence of ‘stealing and
the offence of obtaining by false pretence.
6. Mr. Sugarboy has been standing trial for terrorism in an Uyo High Court for
the past one year. Only yesterday, the court delivered a well considered
judgment and convicted the accused. The court went further to sentence thus:
“I find you guilty as charged. I hereby sentence you to death by hanging. You
should hence be taken from whence you came and thence to the place of
execution and be hanged there on your neck till you be dead; and may God
have Mercy upon your soul, Amen”.
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Titivate your memorandum against the window of sentencing in our
criminal jurisprudence.
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UNIVERSITY OF UYO
FACULTY OF LAW
ST
2017/18 1 SEMESTER ACADEMIC SESSION EXAMINATION
Course Title: Criminal Law I

Class: LLB. Ill
Instructions: Answer any four (4) questions
(1) Section 36 (12) of the constitution of the Federal Republic of Nigeria 1999
(as amended) has consolidated the frontiers of the principle of legality in
our criminal jurisprudence. Discuss.
Your answer should be interlarded with relevant statutes and case law.
(2) The provisions of section 24 of CC articulates an ambitious and amorphous

defence but the length of its application to certain other offences has been
measured and is capable of measurement. Adumbrate.
(3) Criminal law is a potent instrument of social engineering process and not a
busy body but states that liability if any shall lie where it shall happen to
fall and not otherwise.
Write a critique on the foregoing.
(4) If I strike my neighbour, with a well sharpened knife in a manner not

justified by law, it is an act but if he dies as a result, it is an event. Stimulate
a discussion.
(5) The law relating to murder is constituted in order to maintain the sanctity of
human lives and entrench social harmony in our organized society.
Write a scholarly paper on that offence bearing in mind its origin in our
statute book.
(6) The principle of the concurrence of the physical and mental element as
originally conceptualized was otiose and old fashioned but it was Lord
Denning and later in time other jurists and writers who gave it the modern
approach. Generate an argument on the foregoing.
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UNIVERSITY OF UYO
FACULTY OF LAW
1ST SEMESTER 2015/2016 SESSION EXAMINATIONS
COURSE TITLE: CRIMINAL LAW

COURSE CODE: PUL 312
CLASS: LLB III
INSTRUCTIONS: ANSWER ANY FOUR (4) QUESTIONS
1. In accusatorial or adversarial criminal system which operates in our clime or

jurisdiction, it is the law that the prosecution must generally prove all the
elements of an offence charged as defined by law and it must fail if it cannot
do so.
Write a critique on the above statement.
2. The principle that there can no crime unless a law exists which has been
violated, is embodied in the ancient Latin saying “Nullum crimen sine lege”
meaning “No crime without law”. This is one of the venerated concepts in
Anglo-American and indeed Nigerian criminal law.
Adumbrate
3. Stimulate in writing the classical reservations interlarded in case law. In
respect of the doctrine of the concurrence of the physical and mental elements.
4. Carefully discuss in detail some statutory provisions either in the code or

elsewhere which do not admit of the defence contained in section 24 of the
criminal code Act.
5. If I strike my brother with a sharp knife in a manner not justified by law, it is

an act, and if he dies as a result, it is an event. .
Generate an argument in respect of the foregoing statement.
6(a) It has often been said that provocation is not a defence but a mitigation of
sentence. Discuss.
(b) Explain the intendment in Section 10 of the criminal code to your esteemed
audience.
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FACULTY OF LAW
FIRST SEMESTER 2016/2017 SESSION EXAMINATION
Course Title: Criminal Law

Course Code: PUL312
Class: LL.B III
1. It is generally agreed that section 24 of the Criminal Code is an amorphous

defence but the length of its application as a defence to certain offences also
contained in the code has been measured and is capable of measurement.
Comment.
2. If you strike your brother with a well-sharpened knife, it is an act, and if he

dies as a result, it is an event. Stimulate a legal opinion on the foregoing.
3. The Principle of legality otherwise known as “no punishment unless by law”

contained in criminal law is designed to ensure certainty, reliability,
comprehensibility and formalism in the body of public law in our jurisdiction.
Adumbrate.
4. It is a popular aphorism in our criminal jurisprudence that any offence

properly so called except strict liability offences must contained the fault
element and the external element. Generate an argument on the above
statement.
5. The law is that before provocation can avail an accused person as a mitigation
of sentence, the accused person must show by evidence that he was in the heat
of passion in relation to other ingredients whenever he is standing trial in court
for the offence of manslaughter. Discuss.
6. Write a Memorandum on the liability as an Accessory after the fact and show
the limits, if any, to such liability.
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UNIVERSITY OF UYO
FACULTY OF LAW
ST
1 SEMESTER EXAMINATION, 2014/2015 SESSION
Course Title/Code: Criminal Law/ PUL 312

Instructions: Answer any four (4) questions.
1. Sect 23 of the Queensland Criminal Code which is similar in provision to

section 24 of Nigerian Criminal Code was the basis for the court’s decision in
the all important case of Timbu Kolian v. R (1968)42 AL.TR 295. Adumbrate.
2. Candle, Darkness and Light are known Kidnappers in the land of uncommon
transformation. Recently, they went to kidnap Mr. Richman, a resident of
Ewet Housing Estate, a Highbrow area in Uyo Metropolis. While in the
premises, Mr. Candle on his own had an unlawful carnal knowledge of Mr.
Richman’ s daughter, Lady Goodgirl. Thereafter, all of them regrouped at the
veranda of the premises searched the house from room to room until Mr.
Richman was found in his wife’s bedroom just behind the door. They took
him out, put him at the back seat of their car just in-between their co-travelers
and sped off. During this swift operation, the trios were communicating with
their link, called Mr. Boldness for certain vital and strategic information.
When they got to their stronghold in a remote part of Uyo, Chief Allweather
offered them a room in which they held Mr. Richman as a hostage. Following
a tip off, all of them were rounded up and arrested by the police before they
had time to ask for ransom from Mr. Richman’ s relations. Comment on the
liability or otherwise of all the parties herein.
3. Critically examine the principle of legality in Nigeria’s Criminal Justice

System.
4. The learned authors of Okonkwo & Naish argue that it is not the standard of
civilization of the individual that is the determining factor for the reasonable
man’s test but rather the nature of the act that causes the provocation to that
peculiar class and not another. Comment.
5. Any person who receives or assists another who is to his knowledge, guilty of
an offence in order to enable him to escape punishment’, is said to become an
accessory after the fact to that offence.
Generate an argument which forms the theoretical framework of the above
statement.
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6. Section 178 of the Criminal Code Act provides that any person who willfully
destroys or damages any receptacle provided by authority of the Postmaster-
General for the receipt of postal matter, or any card or notice relating to the
postal or telegraph service set up by authority of the Postmaster-General, or
obliterates any letter or figure on any such thing, is guilty of a simple offence,
and is liable to a fine of one hundred naira.
(i) Identify the fault element and the external element in the foregoing
crime.
(ii) Discuss the various manifestations of the external elements known to
law.
FACULTY OF LAW
UNIVERSITY OF UVO
SECOND SEMESTER EXAMINATION 2009/2010
PUL 322
CRIMINAL LAW
INSTRUCTION: ANSWER ANY FOUR (4) QUESTIONS
TIME: 3 HOURS
1. Ade who works with Mobil and in company of Yetunde his wife traveled from
Eket to Uyo to attend a wedding of a colleague. Both of them traveled in a
Toyota Corolla Car Registration No. AK 370 EKK. Yetunde was at the wheel
Ade sat in the passenger’s seat. To beat the heavy traffic at IBB/Aka
Road/Nsikak Eduok Junction they diverted at Udo Udoma Avenue into a small
untarred road, which road was barricaded with Hundya Avent taxi car. Mrs.
Ade had driven with the full light of her head lamps on, and observed 4 men
alighted from the taxi. Two of them went to her side of the car while the other
two went to the passenger’s side where her husband was, and only one, the
driver remained in the taxi. They ordered Mrs. Ade to come out. She obeyed
and switched off the ignition and came out of the car with the key. One of
them demanded for the car ignition key, which Mrs. Ade complied without
hesitation. He further demanded all the monies they had on each of them, they
had no money on their person but inside their traveling bag, one of those
person was armed with a whip and started using it on Mr. Ade whom they
dragged out of the car. Subsequently, they drove away with the Toyota Corolla
car. At the time of the incident neither Ade nor his wife saw any other weapon
other than the whip used by one of the five men. Mr. Bassey who live on the
same street informed the police that when they heard the groan of the
complainant they tried to block the laxi‘s exit. But the occupants of two car’s
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started firing, their guns to scare them away. All the five men were arrested
and the 4 of them were identified by the complainants.
Discuss these facts relying on decided and statutory authorities. In your
opinion what offence if any that each of all of the accused should be charged
What are the ingredients of the offence that will be proved to secure
conviction?
What if the evidence given by Mr. Bassey was not available to the
prosecution: Can the accused he convicted, and if, for what offence, and if
not, give your reasons.
2. Treason is the offence of attempting to overthrow the government of a state to
which one allegiance either by making war against the state or by materially
supporting its enemies: Per Augie JCA in James Onanefe Ibori v FRN (2009)
ALL FWLR pt 487 P 159 at 183
(a) Under what circumstances can a person be said to owe allegiance to the
state?
(b) What constitute making war against the state
(c) What are the instances of levying war?
3. Between March 2003 and January 2004, a syndicate of fraudsters obtained

various sums of money amounting to about 2 million US dollars from an
America citizen Mr. Kennedy Jeffrey through the internet. The leader of the
syndicate used a fictitious name. Ado Boahen and claimed to be a Nigerian
citizen living in Accra Ghana and operating, from there. The syndicate used
telephones (including GSM) and internet in making the deal and sending fake
or forged documents to their victim who was deceived to send or transfer the
various sum of US dollars to some bank account in Nigeria and Ghana which
was later claimed by the syndicate. The syndicate by e-mail communication
between Ado Boahen and the victim had made a representation that there was
a huge sum of N20 million US dollars to be transferring to the account of Mr.
Jeffrey in USA from Nigeria through a contract for Nigerian Government. The
representation was false. Mr. Jeffrey reported the matter to EFCC in Nigeria
whose investigation found out that the internet facility used was located in the
business premises of Ado Boahen who operated a commercial internet
browsing business threat. When the Ado Boahen business premises was raided
by men from EFCC, a big brown bag was recovered which contained copies
of some documents sent to Jeffrey by Ado Boahen. In addition a GSM phone
with an MTN line number which had been used to communicate to Jeffrey
was recovered. Some personal documents of the Mr. Chinedo Okoro were
recovered, with his specimen signature and handwriting which were sent to an
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expert analyst who confirmed that all the writings were done by one person
whether answering Ado Boahen or Chinedu Okoro. It turned out that Chinedu
Okoro lives in Onistha. Nigeria. Discuss this scenario by identifying issues
raised herein.
4. Five days after a case of robbery along Lusaka Street, Uyo, in which a motor
cycle, television set, a laptop and a GSM handset were stolen. Messrs
Akpanikpo, Akpama and Eze who were prime suspects were arrested. the
television set was found in Eze’s shop while the laptop was recovered in the
premises of Miss. Mary, a blend of Akpanikpo who also paid the rent of the
apartment for Mary but was not living together there. The motorcycle was
found near a hair dressing salon, operated by Akpama’s sister, whereas the
ignition key was recovered in Akpama’s pocket. All the accused persons were
charged each on two counts of conspiracy to commit felony and being in
possession of recent stolen property.
The defence counsel had submitted that none of the accused should he liable
for the theft since the items were not recovered from them and in the case of
the laptop though recovered from Eze’s shop he was not in town when it was
recovered.
As prosecuting counsel how would you debunk this argument? What
ingredient do you need to prove in order to secure conviction?
5. Mr. Oduola on 18/4/2009 at Uyo obtained from Mr. Bassey a supermarket
operator 5 cartons of beer, 20 cases of Bar soap, 5 cartons of ovaltine valued
at N30,000. As Oduola was about exiting from the door and when the assistant
checked his bag he found concealed therein a gold wrist watch valued at
N50.000.00 of which no payment was made. The accused was charged before
Honourable Justice Promise for having received those goods under false
pretences. The judge after hearing evidence, sentenced the accused to 5 years
imprisonment for obtaining under false pretences. You are asked to write an
opinion as to the rightness of His Lordship decision. What offence do you
think the accused has committed.
6. S 51(1) of the Criminal Code provides.

Any person who:
(a) does, or attempt to do, or makes any preparation to do or conspires with

any person to do, any act with seditious intention.
(b) ulters any seditious words.
(c) prints, publishers sell, offers for sale, distributes or reproduces any’
seditious publication.
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(d) imports any seditious publication, unless he has no reason to believe that
it is seditious: shall he guilty of an offence and liable to conviction
S. 39 (1) of the 1999 constitution of the FRN
Every person shall he entitled to freedom of expression including freedom to
hold opinions and to receive and imparts ideas and information without
interfere
Can these two sections of our laws be reconciled in a democratic state like
Nigeria?
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UNIVERSITY OF UYO, UVO
FACULTY OF LAW
ST
1 SEMESTER 2011/2012 SESSION
Course Title - Criminal Law

Course Code - PUL 312
Class - LL.B III
Time Allowed - 3 Hours
Instructions - Answer any 4 (four) questions
1. Mr. Badboy, Mr. Wickedsoul and Mr. Nomercy are friends. Recently, they
met at Ramblers Night Club belonging to Chief Fineboy at No. 1 Ibom
Connection Drive, Uyo. Their discussion centred on how to burgle a
warehouse at No.10 Beautiful Avenue, Uyo, belonging to Lady Fineface Chief
Fineboy was aware of their plans and gave a room in his Night Club wherein
they planned for the operation. He also briefed his driver Mr. Goodboy and
assigned him to drive Badboy, Wickedsoul and Normercy to the Warehouse.
They successfully burgled the warehouse and escaped with valuable’ items. A
lady by name Helen who is married to Mr. Badboy, under native Law and
‘custom hides them.
Discuss the Criminal responsibilities of the parties herein.

2. Delivering an inaugural lecture recently at the CBN Hall, University of Uyo,
a lecturer in the Faculty of Law, Young husband, a Professor of Comparative
Criminal Law said:
“The principle that there can be no crime unless a law exists which has
been violated, is embodied in the ancient Latin saying “Nulium crimen
sine lege meaning ‘No crime without a law’. This is one of the most
venerated concept in Anglo - Nigerian Criminal Law”.
Write a critique on the above statement.
3. A is B’s Father and he has not been able to provide for B’s necessaries of life
and B who was 13 years old is now dead as a result. C, a female law student
has just alighted from her car and as she walks down the lecture hall, D, a
teenage seller of oranges on campus falls into a broken soak away pit and she
does nothing to rescue D. E Intending to strike F strikes and kills G instead. T
struck H with an axe and H died few days thereafter as a result of professional
negligence of doctors, and nurses at the hospital where he was admitted for
treatment. K promised to deal with J for insulting him and J committed suicide
because of fear by hanging himself on a tree in a nearby bush.
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Consider the Liabilities & A, C, E ,T and K bearing in mind available judicial
and statutory authorities.
4. Windeyer, J. in Timbu Kolian v R (1968) 42 ALJR 259 at 303 said “An event
in this context refers to the outcome of some action or conduct. For a man
cannot be responsible for an event which he had no part at all and it would be
unnecessary to say so’
Discuss.
5. In Enweonye v. R (1955) 15 WACA 1, the West African Court of Appeal said
“We are of the opinion that to bring a person within this section (section 7c),
there must be a clear evidence that the appellant did something to facilitate the
commission of the offence”. Comment.
6. Section 206 of the Criminal Code Act Cap. C.38 Laws of the Federation of
Nigeria 2004 provides this: “Any person who willfully and without lawful
justification or excuse, the proof of which lies on him, disquiet, or disturbs
any meeting of persons lawfully assembled for religious worship, or assaults
any person lawfully officiating at any such meeting or any of the persons there
assembled, is guilty of a simple offence, and is liable to imprisonment for two
months, or to a fine of ten Naira.
Identify and discuss with decided cases,’ if any, the guilty mind and the guilty
act articulated in tie above provision of the code.
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UNIVERSITY OF UYO
FACULTY OF LAW
ND
2 SEMESTER 2012/2013 EXAMINATION
Course Name: Criminal Law

Class: LL.B. III
1. A social critic, Mr. Bigman is the leader of a civil society group name “Box
Them”. Recently, Mr. Bigman addressed a crowded world press conference at
the Meet The People International Conference Centre at Ajaji, the political
capital of Banana Republic whereupon he spoke on important and topical
issues concerning the nation. Specifically, Mr. Bigman opined “By the time I
finish with the president, he will close shop and run out of and away from the
State House and from governance” The Presidency is visibly shaken and the
Attorney General of the Republic has been summoned for advice on the way
forward.
As the Honourable Attorney General and Minister of Justice for the Republic,
please generate a memorandum to Mr. President on the action to be taken
against Mr. Bigman
Your answer, if any, should be situated comparatively within the context of

Criminal Law in Nigeria.
2. In the case of DPP v Morgan (1976) AC 182, the court’s belief that the victim
is consenting does not have to be based on reasonable grounds, although the
court is entitled to take account of the reasonableness (or otherwise) of the
belief in deciding whether the accused person actually held that belief.
Comment
3(a) Mr. Goodman is a student of Classical Studies in Olympic University, Eket,

Akwa Ibom State. He has recently returned to campus on resumption after a
long strike embarked upon by members of Academic Staff Union of
Universities (ASUU). Since his course mate Mr. Fineface is deeply involved
in the burial arrangements of his grandfather, aged 110 years who died
recently, he pleaded with Mr. Goodman to help him pay his restoration fee of
N50,000.00 to Bank PHB at the campus and collect the Teller for him. Mr.
Goodman collected the money but has not paid as agreed. Mr. Fineface now
requests for the Bank Teller from Mr. Goodman who could not produce either
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the Teller or the money because he had used it to buy new shirts. Upon
demand for the refund of the money, Mr. Goodman is unable to do so but has
vowed to “teach Mr. Fineface a nasty lesson.”
Advise Mr. Fineface on the above scenario.
3(b) For taking to ensue, the thing most be moved or caused to be moved to the
slightest degree from its original position. Discuss
(4) “The learned authors of Okonkwo & Naish are of the view that the cases of
State v Osuafor (1972) 2 ECSLR 412 and Abasi v COP (1965) INMLR 461
were wrongly decided on the basis of establishing a distinction between
obtaining by false pretences and stealing.”
(5) The notion of Responsibility is a critical factor in the principle of retribution.

Discuss
(6) “In sentencing, the practice is that maximum punishment prescribed by law
in respect of certain offences are very rarely imposed because in most cases,
a large area of discretion is left with the courts to decide what the exact nature
and extent of a sentence will be. In exercising their maximum prescribed by
the law or the limits to their own powers and jurisdiction.” Discuss.
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UNIVERSITY OF UYO – FACULTY OF LAW
FIRST SEMESTER – 2008/2009 SESSION EXAMINATION
Course: Family Law – PIL 212
Instructions: Answer Q1 and any three questions
Time: 3 hours
Q.1 Udoma was born in 1973. His father “Aduma” as at that time was
domiciled in Gambia and was living with his mother “Mary”, a native of
Uyo – Nigeria. In 1979, his parents moved from Gambia to Zambia and
resided there permanently. They continued to live in Zambia until 1996
when Aduma died.Udoma and his mother departed to Zimbabwe in that
same year. In 1999, Udoma left his mother for Libya where he intended to
reside permanently. Udoma married Babyface in 2000 and decided to leave
Libya to Togo. His wife Babyface was seven months pregnant at that time.
Udoma parked all his belongings with his pregnant wife and drove towards
the airport so as to fly off to Togo, but ran into armed robbers who attacked
and killed him close to the airport. At that point, Udoma’s brother by name
“Odudu” shortly after the death of Udoma, took Babyface to his house and
co-habited with her, taking care of her until the child “Goodluck” is born
and weaned. Thereafter, Babyface became pregnant again and gave birth
to another son by name “Jonathan”. Then Babyface decided to travel to
USA to study Medicine, leaving the two children with Odudu. Trace the
Domicile of all/each of the parties at each point.
Q.2 In a number of its enshrined provisions, the Nigerian Marriage Act, now
part of the 2004 Laws of the Federation of Nigeria unambiguously
mentions Desertion and/or separation and/or Living Apart, as ground(s)
that can show that marriage has broken down irretrievably. Citing
appropriate sections of the law, distinguish the three factual circumstances
and discuss how Desertion, Separation and Living Apart become ground(s)
for dissolution of marriages.
Q.3 Eno, a Ghanaian girl whose mother is from Oron in Nigeria travelled by
Sea in a Ghanaian ship bearing a Ghanaian flag with her mother to London.
Inside the ship she fell in love with a Senegalese national by name “Utere”,
within seven days of their trip. Eno became engaged to Utere who promised
to marry her once they settled down in London. After three months of their
arrival in UK, the parties got married in the office of the Nigerian High
Commissioner to UK, at about 4.00pm, Nigerian time. The Deputy
Secretary of the Nigerian High Commission who performed the marriage
ceremony in the presence of Eno’s mother and four other witnesses.

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Course: Family Law – PIL 212

Instructions: Answer Question One and any other three questions
Time: 3 hours
Q.1 Etim was born in 1963. His father ‘Papa’ as at that time, was domiciled in
Ghana and was living with his mother ‘mama’ a native of Calabar, Nigeria.
In 1969 his parents moved from Ghana to Senegal and resided there
permanently. They continued to live in Senegal until 1986 when Papa died.
Etim and his mother departed to Botswana in that same year. In 1989 Etim
left his mother for Cameroon where he intended to reside permanently.
Etim married Mary in 1990 and decided to leave Cameroon to Gabon. His
wife Mary was seven months pregnant at that material time. Etim parked
all his belongings with his pregnant wife and drove towards the airport in
order to fly off to Gabon; but ran into armed robbers who attacked and
killed him close to the airport. At this point Etims’ brother by name ‘Peter’,
shortly after the death of his brother Etim, took Mary to his house and co-
habited with her in Cameroon taking care of her until the child ‘Monday’
is born and weaned. Thereafter Mary became pregnant again and gave birth
to another son – by name ‘Mike’. Then Mary eventually departed to UK to
study Law leaving the two children with ‘Peter’. Trace the Domicile of all
the parties at each point.
Q.2 With the aid of two decided legal authorities, discuss the maxim ‘OMNIA
PRAE SUMUNTUR RITE ESSE’. Using two other decided cases, show
how and why courts rejected the application of the maxim.
Q.3 The Marriage Act, 1990 Laws now part of the 2004 Laws of the Federation
of Nigeria variously cites ‘Desertion/Separation/Living Apart’ as one of
the grounds that can give credence to the fact that a marriage has broken
down irretrievably. Citing the relevant sections of the law, discuss the three
factual circumstances that ‘Desertion/Separation/Living Apart’ can
become a ground for dissolution of marriage, showing their similarities and
differences.
Q.4 The rights of women in Nigeria, particularly, and in Africa, generally, are
deemed to be violated or denied both directly and indirectly. Discuss in
comparative perspective the nature and extent of such violations and the
legal factors that lend credence to such state of affairs in Nigeria and
Africa.
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Q.5 A husband became insane barely six months after wedding his wife under
the Statutory Marriage Act. Prior to his insanity, he had regularly and
promptly paid a tradesman who supplied his wife the same quantity and
quality of necessaries though ignorant of the fact that her husband has
become insane. The frustrated tradesman commenced a civil suit against
the husband in order to safely recover the cost of the goods supplied.
Advise the parties.
Q.6 Jonathan, A Nigerian man, married Mary a British lady in London in June
2003. The celebration of the marriage was valid according to English Law
but not in conformity with Nigerian Law. In September, 2003 Jonathan and
Mary left London to Abuja where Jonathan is using his medicinal clinic to
make love to many other girls who are his girlfriends. On February 7, 2006,
Mary consulted you to file a petition for dissolution of the marriage.
Discuss
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Course: Family Law – PHL 212

Instructions: Answer Question One and any other three questions
Time: 3 hours
Q.1 Kalu and Ayo were engaged to be married in May 2008. Kalu travelled to
London for further studies asking Ayo to join him by December of the same
year. The British Embassy refused Ayo a visa and sought the marriage
Certificate. Banjo, acting like Kalu filed the required notice on 30 th June,
2008, obtained the registrars certificate, and wedded before the Registrar
of marriage at Lagos Marriage District. The marriage certificate bearing
Kalu’s names are eventually issued and Ayo obtained the visa to join Kalu.
In London in September 2008 and in October 2009 they had a son – John.
On their return to Nigeria in 2010 Kalu again married Nene first under
native law and customs and then under the statute when he began the
process of filing a notice in the marriage registry but Ayo entered a caveat.
Citing legal authorities, discuss the surrounding legal issues and advise the
parties.
Q.2 Mary, a Cameroon girl whose mother is a native of Calabar, Cross River
State, travelled by sea to New York – U.S.A. Inside the ship she fell in love
with a Kenyan man by name Daniel. Within two weeks of the trip, Daniel
promised to marry Mary and they became engaged to each other. Six
months after their arrival in New York, the parties got married in the
Nigeria Embassy/High Commission in New York at about 3:30p.m. The
Acting Secretary of the Nigerian High Commission who celebrated the
marriage in the presence of Mary’s mother and three other witnesses issued
the couple a Marriage Certificate. After three years in New York, Mary,
Mary’s mother and Daniel left to reside at Calabar. A few months later a
major disagreement arose and Mary filed a petition for divorce. Citing
appropriate sections of the law, advice the parties.
Q.4 Donatus, a Nigerian man married Alice, a British lady in London in June
2005. The celebration of the marriage was valid according to English Law
but not in conformity with Nigerian Law. In September 2005, Donatus and
Alice left London to Lagos. While in Lagos, Donatus committed adultery
with his former girlfriend and the information got to Alice. On March 7,
2008, Alice filed a petition for dissolution of the marriage. Advice the
parties.
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Q.5 Chief Okon married Miss Enobong in 1990 in Calabr and the traditional
marriage ceremony was fully performed by the Obong of Calabar. Two
years later, Chief Okon took Enobong to the Calabar Marriage Registry for
celebration of the marriage under the marriage Act; after obtaining the
Registrars Certificate. The marriage Registrar of the District celebrated the
marriage between Chief Okon and Enobong at 9.00am on April 19, 1994.
The marriage between the parties was thorny as they fought and wounded
each other most of the time. On the 7th of October, 2010, another quarrel
broke out between Chief Okon and Enobong whereby Chief Okon slapped
Enobong while Enobong took a knife and cut Chief Okon’s hand. At that
point, Chief Okon threw out Enobong’s belongings, asking her to go back
to her parent for the marriage had ended. In addition, Chief Okon
pronounced ‘TALAK! TALAK!! TALAK!!!’ and shortly thereafter
Enobong parked her belongings away. In December, 2010, Chief Okon
began the process of marrying Miss Nnena under the Marriage Act. When
the Notice of marriage was issued, Enobong entered a Caveat. Discus all
relevant legal issues and advice the parties, citing case law and appropriate
sections of the law.
Q.6 Discuss the three factual situations that Desertion/Separation/Living apart

can become a ground for dissolution of marriage, citing the various
sections of the law.
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Course: Family Law and Succession II – PIL 212

Instructions: Answer Question One from both sections. Support your
answers relevant statutory and judicial authorities
Time: 3 hours
Section A:
1(a) The provision of section 16 of the MCA is superfluous and of no real legal
value when read together with the provisions of section 15(2) of the MCA. Do
you agree?
(b) There are different types of breach of promise to marry under statutory law,
which are distinct in character and in form. Discuss.
2. Baby Sweet Face is the daughter of Chief Dike. Chief Dike married Asmau
under customary law. After fifteen years of marriage without an issue, Asmau
became very worried and troubled. Chief Dike was the Otondo 1 of
IbiakuMkponoOkpo, that is, the King of MkponoOkpogroup of villages. The
entire community became concerned that the wife of their King bear him no issue
who to ascend the throne at the demise of the Otondo. The Council of elders went
to seek the face of the gods over the childlessness of their King. Eventually, the
chief priest, UnwaOnyonyo, delivered the message from the gods to the elders.
The message was that Asmau, contrary to the tradition, “had been deflowered
before her marriage, and therefore her womb was unclean to carry the heir to the
throne of IbiakuMkponoOkpo”, and that calamity loomed. Irked by the message
from the gods, Chief Dike, who had made love to Asmau a day before their
marriage, devised a plan to subvert the words of gods. He encouraged his wife to
bring her kid sister, Sefiya, to live with them. In no time, Chief Dike seduced
Sefiya and impregnated her. Baby Sweet Face is the seed of that relationship.
While Baby Sweet Face was studying in Ukraine, she fell in love with Bulus
Hassan, who was bron in 2003. In 2016 Bulus and Baby Sweet came to Nigeria
to marry. The marriage was to be celebrated at the Divines Peoples Chapel,
IbiakuMkponoOkpo. As family members and friends arrived the venue, it turned
out that Bulus’ father, Alhaji Hassan, is the son of Mainasarsa, the eldest brother
of Asmau. On becoming aware of this development Alhaji Hassan and the Priest
of the Church, Rev. Anomkoinam are not sure anymore that the marriage go on.
(a) You have been consulted to address the legal issue(s) and advise the parties
on the legality or otherwise of the proposed marriage.
(b) In what circumstances would your advice be different?
3. Sekira and Udiongini, were married in April 2016. Two months into their
marriage, Madam Cash took Udiongini for six weeks holiday at Yankari Games
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Resort, Bauchi State. She bore all expenses for the trip and paid Udiongini N2m
for his “services”. In October Udiongini went to see Dr. Andem, a medical doctor,
for the purpose of seeking advice on the possibility of separating with the wife in
view of his deteriorating and poor emotional health occasioned by the frequent
domestic conflicts. Backed by medical reasons, Dr. Andem advised that a period
of separation from the wife would help restore his emotional equilibrium. Acting
on the advice, Udiongini left home and moved in with his mother, Madam All
must bow. Madam All must bow encouraged Udiogini to quit his accommodation
and send Sekira to the village to stay in the family compound, while she brought
Lady Heavyduty to take care of Udiongini. She instructed the gateman never to
allow Sekira into her house throughout the period Udiongini put up with Lady
Heavyduty. On two occasions Sekira was refused entry into the premises by the
gatemen. Lady Heavyduty is now pregnant for Udiongini.
Sekira is considering enforcing her rights against all of Madam Cash, Dr. Andem,
Madam Allmustbow and Lady Heavyduty.
(a) With well-articulated reasons, advise Sekira on the chances of her successfully
claiming against each of the four persons.
(b) Should Sekira consider petitioning for the dissolution of the marriage,
identify and address the legal obstacle(s) that may likely confront her and how
such may be obviated.
Section B:
1. Customary Law marriage is potentially polygamous. Discuss in detail, with

legal authorities, the essential requirements of a customary law marriage.
2. Under customary law there is no fixed minimum age of marriage, but in most
customs marriage is permissible after the attainment of puberty. Critically
examine why child marriage should not be discouraged.
3. The Childs Rights Act 2003 prescribes certain obligations to parents
(a) In law, who is a parent?
(b) Discuss two basic principles by the Act, which govern and regulate
dealings in matters affecting children.
G O O D L U C K
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Course: Family Law and Succession I – PIL 212

Instructions: Answer any 2 questions from each section. Support your
answers with relevant statutory and judicial authorities. Use
separate answer sheet for each section.
Time: 3 hours
Section A
1. Jonnie Walker, a Nigerian, and Peter Toucho grew up as friends together in

the Gambia. At birth, Peter Toucho was registered as a male, but in 2014 he
underwent an operation for the removal of his testicles and most of his scrotum
and an artificial vagina was constructed on him. His friend Jonnie Walker,
took him to the South Africa and paid 80% of the cost of the operation. After
the operation, Peter Toucho started living as a woman and had his made
changed to Pesher Toucho. In 2015 the duo returned to Nigeria, where they
went through a ceremony of marriage at the Mount of Men Mission. The
marriage was celebrated by Archbishop Katala, the General Overseer of
Rivers of Overflowing Blood Chapel, the Attorney General of the Federation
and the Chairman of the Board of Trustees of the ruling party.
a. Address the legal issue(s) from the facts given
b. In what circumstances would your position have been different
2. Senator Melani married Cynthia (13 years) under native law and custom in
2006 at Dogara, Yobe State. Cynthia’s parent boycotted the ceremony, which
had the support of the State Governor. In 2010, the senator married Amina
(then, a first year Law student of the University of Uyo) at Use IkotAmama,
Iwukem. The marriage was celebrated under the Boabab tree, where roads
meet with the compliment of both families. In 2015 Amina left to the Law
School from where she wrote to her husband informing him that she was done
with the marriage. In her words, “You know, I was only but a student when
you married me. I am done with you.” On being called to the Bar, she joined
Edoama, her boyfriend, at Canada. Senator Melani complained of Cynthia’s
childhood behavior and advised her to return to parents and “learn how to be
a wife”. Cynthia left the house in 2014.
Senator Melani is preparing to marry Ronke at the Marriage Registry. Cynthia

on the other hand is heavily pregnant for NsimaEdoama’s twin brother, and
their marriage is billed for April 10, 2016. The senator is opposed to Cynthia’s
marriage to Nsima and is determined to stop it.
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The Senator has consulted you.
(a) Advise the Senator on the validity of each marriage, and the legality of
the present relationships of the parties and the proposed marriage.
(b) The distinction between void and voidable marriages is like the reverse
side of a coin. Do you agree?
3. (a) Marriage has a way of influencing the status of the parties. Adumbrate.
(c) Statutory marriage can be proved in a number of ways. Discuss.
Section B:
1. Chief Kendo, an influential bureaucrat and Miss Omoeke were in love and
romance. In the course of their romantic relationship, Chief Kendo had raised
the issue of marriage with Miss Omoeke but she did not take it seriously as
she understood the relationship to be merely that of boyfriend/girlfriend.
Pursuant to his marriage plans, Chief Kendo sponsored Miss Okeoko to
London for further studies and kept visiting her there at intervals. On her
return to Nigeria. Chief Kendo bought a plot of land in Abuja and develop it
for Miss Omoeko. Chief Kendo has recently received information that Miss
Omoeko is in the process of getting married to Mr. Ken, a young university
graduate. He is furious, considering all he had done for Miss Omoeko pursuant
to their agreement to marry. Chief Kendo has therefore decided to sue Miss
Omoeko for breach of promise to marry.
(a) State the elements that Chief Kendo must prove in order to succeed in his
claim.
(b) With the aid of the ingredients in the case of Ezeanah v Atta (2004) 7
NWLR (Pt. 873). Examine the possibility of success of Chief Kendo’s suit
against Miss Omoeko.
2. Mr. Fineboy, a wealthy business tycoon, contracted a customary law

marriage with Adaeze in 2007 in Edo state, Nigeria. The marriage was
blessed with one male child. In 2010, following a protracted domestic
quarrel. Adaeze deserted her husband and lived with another man with
whom she had children. Mr. Fineboy, subsequently married another wife
by name Ekaette under customary law in 2012. In 2013, MrFineboy died
intestateand left behind an affidavit wherein he deposed to the fact that
Ekaette was his only wife.
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(a) What is the position of the law regarding the relevance or otherwise of Mr.
Fineboy’s affidavit as an instrument for the dissolution of his customary
law marriage with his first wife Adaeze?
(b) What would be the status of Adaeze if her had returned her bride price to
Mr. Fineboy before his death?
3. In February, 2010 one Mr. Moneybag met and fell in love with Nkoli, a young
girl of 13 years from Bayelsa state, South South Nigeria. Few months after,
he approached Nkoli’s parents, bought them a ‘keke’ tricycle and expressed
his intention to marry Nkoli as a second wife. Unknown to Nkoli and without
her consent, her parents had given their consent and her father had received a
bride price of N50,000 only from Mr. Moneybag. Nkoli was thereafter given
out in marriage to Mr. Moneybag without any celebration.
With the aid of decided cases, statutes of manuals, examine the validity of
Nkoli’s customary marriage to Mr. Moneybag.
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Course: Family Law and Succession I – PIL 212

Instructions: Answer any 2 questions from section A and 2 questions
from Section B..
Time: 3 hours
SECTION A
1. Prince Ubokobong met Chinenye (a second year Law Student of State

University) at the Governor’s Valentine Party on February 14, 2017 held
at the Banquet Hall, Zamfara State. On getting to know that Chinenye’s18 th
birthday anniversary fell on the same day, Prince Udokobong in the full
glare of all present said to Chinenye, “Chichi, I want you to be my wife.
Would you be a mother to my children?” Without hesitation, she replied,
“I will, and you would be mine from today”. On February 14, 2018
Chinenye and Mr. Goodman married under Customary Law. Chinenye
contends that since she did not obtain the required parental consent, as an
orphan, her contract with Prince Udokobog was invalid.
(a) Address the legal issues and advice the parties

(b) What difference would it have made if Chinenye married Mr. Goodman
on her 21st birthday anniversary?
2(a) Before the Registrar’s Certificate is issued, the Registrar has to be satisfied,
by affidavit, that the necessary conditions have been fulfilled
(i) Identify the deponent to the affidavit
(ii) State at least four contents of the said affidavit
(b) Distinguish between a Church Marriage and Marriage in a License Place

of Worship
3. Mr. Hushvanti, an Irish, living in Nigeria departed Nigeria to Sweden,

where he met Lady Thickskin, a Turkish national. The duo soon fell in
love. While they were travelling on the high sea, in a Nigerian flagged ship,
Mr. Hushvanti, in an elaborate engagement ceremony proposed to marry
Lady Thickskin, she accepted. On arriving Canada, the love birds, retained
the services of Mallam Adamu, the Chief Imam of Keffi Central Mosque, to
celebrate their marriage at the Nigerian High Commission of that country.
After a session of counseling, the Imam discovered that the lovebirds are
cousins and refused to celebrate the marriage.
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(i) The Imam has asked you to explain with reasons to Mr. Hushvanti and
Lady Thickskin why their marriage cannot be celebrated as desired by
them.
(ii) In what circumstances would the celebration of the marriage have been
possible given that they were cousins?
SECTION B
4. “It has been established that to constitute a valid customary marriage,

THREE essential requirements must be fulfilled”, Mojekwu v. Ejikeme
(2000) 5 NWLR (Pt. 657). State and discuss these essential requirements
exhaustively.
5. Mr. Drachmann, a Dutch, arrived Nigeria in early 1980s and worked in one
of the Oil prospecting companies in the Country. He has not visited his
country ever since and retired in 2010. Before this time, he had courted and
dated one Miss Beauty Edem a Nigerian. He proposes to contract a
customary law marriage with Miss Beauty. Advice the parties. Support
your submission with relevant authorities.
6. Write notes on any three of following:

(a) Monogamous marriage
(b) Polygamous marriage
(c) Bride price
(d) Parental Consent
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FACULTY OF LAW
SECOND SEMESTER – 2015/2016 SESSION EXAMINATION

Instructions: Answer four questions in all, 2 questions from each section.
Use separate answer booklet from each section.
Time: 3 hours
SECTION A
1. Ifynaya and Sam Gebion had their marriage fixed for June 12, 2016. In
contemplation of the marriage, they agreed to have a baby using IVF with
donor eggs and donor sperm. They contracted Samuel Peter and Dorika, who
agreed to donate sperm and eggs respectively for the process. The identity of
the genetic parents was to remain a secret. The embryos were subsequently
implanted in a genetically unrelated woman – the gestational mother,
Fynmilayo, for gestation and birth. Ifynaya and Sam Gebion intended to rear
the resulting child as their own upon their marriage. Fynmilayo expected date
of delivery was July 31, 2016. On June 7, 2016, Ifynaya and Sam Gebion went
through a church marriage blessing at the Upper Room Alter Chapel, Kwali,
Abuja, after they had gone through a traditional marriage ceremony the
previous day at Use Ikot Amama Iwukem, Akwa Ibom State. Two days after
the church event, while sending our invitation cards for their registry marriage
fixed for June 12, Ifynaya discovered to her chagrin that her husband, Sam
Gebion, had married Babinana since 2014 under customary law. Without
much ado, they separated and put off the planned event of June 12. Neither of
Ifynaya and Sam Gebion wanted to have anything to do with the unborn child.
On July 31, 2016, Fynmilayo was delivered of a baby body. After delivery
Fymilayo disclaimed any interest in the child.
(a) Address the legal issues and identify, with reasons, where the parentage of
the child lies. 11 marks.
(b) A number of legal issues operate against Assisted Reproductive
Technology in Nigeria. Discuss, 6.5 marks
2.(a) Generally, in considering the validity of a will, the material date is the date
of the testator’s death. However, in at least 4 circumstances the date of the
Will becomes material. Identify these circumstances and express briefly on
each. 9 marks.
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(b) A Will is process of management of estate available to only testators who
were literate and, or with sight to the exclusion of all others. Do you agree? 8.5
marks.
3. Mr. Obama has lived all his life in Mexico, where he works at the CEO of
the Corporation de Railway, Mexico. In 2013, Mr. Obama was engaged to
Hilary, his heartthrob for 10 years and the daughter of a South African Zulu
King. Hilary, not wanting to disfigure her shape, got Obama, whose
grandfather was the first Oluyeye of Ogbomosho, to agree that she was
never to go through pregnancy. The duo of Obama and Hilary, have come
to Nigeria, and Obama has told you of his intention to adopt EsieEdi, whose
mother died in 2001 when she was only three years old, leaving her to the
care of her father, Usanga. Usanga is willing to release EsieEdi. Obama
and Hilary hope to depart Uyo with EsieEdi on September 13, 2016.
(a) Address the legal issues and advise Obama accordingly on the chances of
his success or otherwise under the laws of Akwa Ibom State. 12 marks.
(b) In what way(s) would your position have been different if the duo were
Nigerians and chieftains of the ruling party? 5.5 marks
SECTION B:
1. In general, under most systems of customary law in Nigeria the father of

the legitimate child or legitimated child has absolute right to custody the
child. However, customary law recognizes that the absolute right of the
father will not be enforced where it will be detrimental to the welfare and
interest of the child. In exercise of this power, the court would make only
such orders as are just and equitable, having regard to the means of the
parents, their earning capacity, their conduct and the age of the children.
Discuss.
2. Section 42(2) of the Constitution of the Federal Republic of Nigeria, 1979

(as amended) provides as follows:
“No citizen of Nigeria shall be subjected to any disability or

deprivation
merely by reason of the circumstances of birth.”
3.(a) What is nuncupative will?
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(b) Chief Amakpa, an illiterate but successful palm oil merchant of Ikot
Asabo, Akwa Ibom State died on 1st April, 2016 at the age of 95 years. He
left behind several landed properties in Ikot Asabo and Uyo. Before his
death, he suffered from senility and intermittent loss of memory. While
on his sick bed on the eve of his death, his first son, Akpanowo brought
pressure on him to make an oral Will that would dispose his properties to
his children after his death. Chief Amamkpa yielded to the pressure and
made oral dispositions of his properties to his children in their presence
and in the presence of some Chiefs in Ikot Asabo.
Examine the validity of Chief Amamkpa’s Will under customary law.
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FACULTY OF LAW
SECOND SEMESTER – 2016/2017 SESSION EXAMINATION

Instructions: Answer four (4) questions in all, 2 questions from each
section.
Time: 3 hours
SECTION A
1. Two years before Akwaowo married Ediye in 2005, he met his lawyer and
made a will. At the marriage, which took place under the Baobab tree at
Use Ikot Amama Iwukem, Akwa Ibom State, Akwaowo, after paying the
bride price said to the hearing of all, “My marriage to my heartthrob, Ediye,
revokes my earlier will, and on my demise, my estate goes to my wife.” In
2006 he brought out the will and told his lawyer that he has concluded plans
to make a new will since he got his earlier will revoked upon his marriage
to Ediye. He told his lawyer he was going to destroy the will. His lawyer
advised him not to destroy the will until he had executed another one. He
left the will on a heap of papers that were to be burnt. His son later tore
part of the will to write a note for him. On noticing the paper, he picked the
other half of the paper (the will), put the two pieces in an envelope and
handed them over to his lawyer, with instructions for the making of the
new will. Two days later, on his way to meeting his wife and son for them
to sign the will as witnesses to his signature he slumped and passed on.
Generate an argument on the validity or otherwise of the will(s). (17.5
marks)
2. Edidiana married LadyRedLip under statutory law in 2010, and in 2012 he

had Akam (m) for him. As a student of Peoples University, he was said to
have impregnated Ugochi who had Edi (m) in 1992, and LadyRedLip who
had Diana-Adaiso (f) in 1994. Although he never accepted responsibility
for any of the pregnancies, he insisted on the name “Diana-Adaiso” the
name of his late grandmother, being given to LadyRedLip’s daughter and
called her “my daughter”. While serving at Ginginya, Sokoto State,
Halima, his landlord’s daughter had a son, Adamu (m) in 1996 whom she
claimed Edidiana was the father. In 1999 he married Halima under the
customary law. The same wife that he had Mailemu (m) and Maimuna (f)
in 2000 from Vicky, their neighbor. His wife protested, and got a divorce.
In 2003, he had Afam (m) from Afiama, and Koko (f) from Kemi in 2005.
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In 2007 he married Kemi at Rock-faith Ministries Inc. Edidiana has died
intestate and his estate is being contested.
You have been consulted to advise the family on the legal status of each
woman and child from the stated facts (17.5 marks)
3. The development of Artificial Reproductive Technology was a direct

medical response to the problems of infertility and represents a victory for
modern medicine and a relief for couples, who are not only childless, but
face increasing difficulties of and social hostilities towards adoption.
Adverting to the moral and legal difficulties ART has been subjected to,
discus its applicability or otherwise in Nigeria (17.5 marks)
Section B
1. Both the MCA and the Child Rights Act provide that “In every action
concerning a child… the best interest of the child shall be the primary
consideration.” State and explain in detail, at least five (5) factors that
would guide the court in deciding what is “in the best interest of the
child.”
Support your answer with relevant statutory and judicial authorities.
2. Chief Uko Etukudo of Eket Local Government Area, Akwa Ibom State
in the South-South Zone of Nigeria died intestate. He is survived by 4
wives and 14 children; comprising 10 females and 4 males. The four
males were born after the first six females. The chief was very rich in
lands and other properties. A panel has been set up to share his intestate
property.
Recommend a “sharing method” for adoption. Support the method
you have chosen with relevant authorities.
3. Under the Customary Law, nuncupative or oral will is valid. State the
conditions for its validity and the essential characteristics of its validity.
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UNIVERSITY OF UYO
FACULTY OF LAW
ST
1 SEMESTER EXAMINATION 2008/2009 SESSION
JIL 111: LEGAL METHOD

INSTRUCTION: ANSWER ANY 4 QUESTION
1(a) Give your definition and law and explain the essential elements is it.
(b) Law is a mean for the procurement of certain “social goods” desire by
members of society. Explain.
2(a) What do you understand by regulation of social relations through law?
(b) Identify and discuss the techniques of regulation studied by you.
(c) Explain the fundamental basis of each of the techniques of social regulation.
3. Discuss the structure and operation of rules, principles, concepts and
standards as the known media through which the corpus of law operate.
4(a) Explain the concepts of legitimacy and sovereignty in relation to the
operation of legal norms of a legal system.
(b) Distinguish public law from private law
(a) Legal reasoning and practical reasoning
(b) Legal logic and rhetoric
(c) Open texture of law
6(a) Discuss the major principles of statutory interpretation
(b) Explain semantics in law.
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UNIVERSITY OF UYO
FACULTY OF LAW
1ST SEMESTER EXAMINATION, 2009/2010
JIL 111- LEGAL METHOD
INSTRUCTION: Answer any four(4) question

1. Compare and contrast the following
a. Natural law school and positivist school
b. The sociological school and Historical school
OR
Write do you consider the best theory of law?
2. Write short notes on the following techniques of social control
a. The penal technique
b. The fiscal technique
c. The Grievance technique
d. The private arranging technique
3. Critically examine the adversarial and inquisitorial methods of fact finding which of
them do you prefer.?
4. (a) What is law?

(b). Does law have any social evil?
(c) What is Syllogism?
5. (a) Is there any distinction between the function of law and the role of law?
(b) Law and morals are not necessarily coterminous discuss.
6. (a) Distinguish between ratio Decidendi and Obita Dicta
(b) On the 15th day of February. 1998. Barrister Ewongo Bassey (alias baby
lawyer). Counsel to the plaintiff in a manner before the High Court 3, Uyo.
Addressed Justice Abasi Ama on a preliminary objection raised by counsel to
the defendant in his address Barrister Ewongo made references to the cases of
Bishop v University of Uyo and Stone v Stone. The latter being an English case
decided by the House of Lords in England. Justice Abasi Ama accepted as
binding on him the judgement in Stone v. Stone which is contradictory to the
Nigerian Supreme Court decision in Bishop v University of Uyo.
Barrister Enwongo Bassey intends to appeal against the judgment of Justice

Abasi Ama, Advice her.
Best wishes
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UNIVERSITY OF UYO
FACULTY OF LAW
1st SEMESTER EXAMINATION 2011/2012 SESSION

JIL 111 - LEGAL METHODS
INSTRUCTIONS: ANSWER QUESTION 1 AND ANY OTHER THREE,

ANSWER FOUR QUESTIONS IN ALL
TIME: ALLOWED 3 HOURS
1. Society modulates the Law. Do you agree? Support your stand with legal
authorities and recent examples? 25 MARKS
2. Explain Law and Legitimacy in relation to a successful coup
15 MARKS
3. Are Law and Morals necessarily coterminous?
15 MARKS
4. a. Explain two(2) law theories you know
9 MARKS
b. Differentiate between deductive and inductive logic
6 MARKS
5. a. Compare natural law to positive law
9 MARKS
b. What is the difference between substantive & adjectival Law
3 MARKS
c. Differentiate civil law from criminal law
3 MARKS
6. a. Which technique of social control is most appropriate to reduce
youth restiveness in Nigeria Delta 10 MARKS
b. Can there be an alternative to Penal Technique for a murder case
5 MARKS
BEST WISHES
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UNIVERSITY OF UYO
FACULTY OF LAW
st
LEGAL METHODS – JIL 111
INSTRUCTIONS: ANSWER ANY 4 QUESTION

Time: Allowed 21/2 hours
1. What is Law?
Law, morals and justice have points of convergence and divergence. Do
you agree with this assertion?
2. In the determination of a case coming before a court of law, a judge must

descending into the arena of the conflict. Discuss this statement with reference
to the adversarial method of adjudication.
3. “ To differ from a well reasoned judgment of this court for the sake of being
radical or merely different or pedantic is to wreck havoc to the time – honoured
doctrine of judicial precedence. it is an act of judicial rascality which must be
roundly condemned. ” per Ahike, J.C.A in co-operative and Commerce
Bank Nigeria PLC & Anor v. Ozobu.
Discuss
4. The common law method of classification of laws is indeed academic and

without any pragmatic relevance in Nigeria. Do you agree with this assertion.
5. What are the methods of social control through Law? Enumerate them and
critically discuss any four (4) of them.
6. The sociological idea of law is more or less a reflection of a lawyer’s

responsibilities in the society. Is this assertion true?
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UNIVERSITY OF UYO
FACULTY OF LAW
st
JIL 111 - LEGAL METHOD
INSTRUCTIONS: ANSWER ANY 4 QUESTIONS

TIME: ALLOWED 3 HOURS
1. “… These observations or pronouncements of law made by the way are

called obiter dicta. They are unlike rationnes decidendi without binding
authority but are nonetheless important. They have played as much part as
the rationnes decidendi in influencing future tribunals…”
Prof. Ezejiofor, Introduction to Nigerian Law by Okonkwo and Others.
Discuss
2. What is law? Law moral and justice have points of convergence and
divergence. Do you agree with this assertion?
3. What are the methods of social control through law? Enumerate them and
critically discuss any four (4) of them.
4. How is the Realist concept of law relevant in the context of the Nigerian
Society
5. The common law method of classification of laws is rather academic and

without any factual relevance in Nigeria. Do you agree with this assertion?
6. In the course of determining a case which comes before him a judge must
consider himself as an unbiased referee without descending into the arena
of the conflict. Discuss this statement with referee to the adversary system
adjudication.
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UNIVERSITY OF UYO
FACULTY OF LAW
ND
LEGAL METHOD: JIL 111.

TIME ALLOWED: 3HOURS
1. “The constitution cannot be strictly interpreted like an act of the National

Assembly or a law of a state House of Assembly…”
Consider this assertion with particular reference to the literal Rule of

interpretation.
2. Write notes on the following terms.

a. Method of case citation and Law reporting.
b. Footnotes and End notes.
c. Bibliography an marginal Notes
3. Examine the position of statutory materials in the development of Law in
Nigeria.
4. What would you consider to be the role of Judicial materials in the evolution
of legal method in Nigeria?
5. Critically examine the golden Rule; the mischief rule and Ejusdem Generis
rule of statutory interpretation.
6. What are the secondary source of law Nigeria?
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UNIVERSITY OF UYO
FACULTY OF LAW
2ND SEMESTER EXAMINATION 2015/2016 SESSION
LEGAL METHOD: JIL 121.

TIME ALLOWED: 3HOURS
1. “To differ from a well reasoned judgment of this court for the stake of being
radical or merely different or pedantic is to wreck havoc to the time honored
doctrine of judicial precedent….. it is an act of judicial rascality which must
be roundly condemned.” Per Achike, JCA at page 307 in co-operative and
commerce Bank PLC & anor vs ogbu (1998) 3 NWLR (pt 541) @ 290.
Comment
2. What is the difference between primary and secondary legislation?

3. What would you consider to be the role of case law in the development of
Nigerian legal method?
Write short note on the following
4. i. Method of case citation and law reporting
ii. Footnotes and Endnotes.
iii. Bibliography and Marginal Notes.
5. Examine English law as a source of Nigerian law
6. “ For a custom to become enforceable in any court of law in Nigeria, it must

have been judiciously and judicially noticed. ” Do you agree with this
assertion
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UNIVERSITY OF UYO
FACULTY OF UYO
LEGAL METHODS JIL 121
2ND SEMESTER 2012/2013 SESSION

TIME ALLOWED 21/2 HOURS
INSTRUCTION: ANSWER ANY FOUR QUESTIONS.
1. “In the determination of a case coming before a court of law, a judge must
necessarily give due regards to the spirit and intendment of the law makers”
Discuss this assertion in relation to the literal method of statutory
interpretation.
2. Write on the following.
a. Footnotes and Endnotes

b. Bibliography and marginal notes.
c. Method of case citation and law reporting
3. “The duty of the court therefore is to adopt such interpretation that will enable
the suppression of the mischief and to promote the remedy within the true
intent of the legislation”. – Savannah Bank (Nig) Ltd v Ajilo (1989) 1
NWLR part 97. Discuss
4. With decided cases, illustrate how the courts in this country have interpreted
the constitution and any statute attempting to limit the rights of the citizens.
5. Examine English Law as a source Nigerian law
6. What would you consider to be the role of case law in the development of
Nigerian legal method?
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UNIVERSITY OF UYO
FACULTY OF LAW –
ND
LEGAL METHODS – JIL 121
ANSWER ANY FOUR QUESTIONS
1. Someone once remarked that a layman who imagined that he knew how to
defend himself in a court of law was deluding himself. To yet another, the
difference between the lawyer and the layman is that the lawyer knows how
to find the law. With the above in mind discuss the source of law in Nigeria
2. You have just been in dream. Therein you were a lawyer. In your law firm
there are certain law students from the newly established faculty of law at the
Akwa Ibom State University. As part of their attachment programme they
have to write an academic paper on any legal logic of their choosing. They
ask you for guidelines. As you open your mouth to tell them how, you come
awake. In some detail, write what you would have told those students anyway.
3. There are many vessels – some of gold, some of silver and some of wood;
same thing with sources of legal material. In light of this analogy, list and
explain the difference between the primary and secondary source of legal
material.
4. The judicial system, like the source o law is not a periwinkle kingdom; there
is a highly organized hierarchy. In descending order, explain the hierarchy of
the courts in Nigeria.
5. a) In Legal writing almost everyone has their own peculiar style but there are
certain universal elements of good writing. Attempt a discussion of these
universal elements of writing style.
b) What is meant by an author’s analysis?

a) Law reports in Nigeria
b) Desktop research
c) Primary and subsidiary legislation
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FACULTY OF LAW – UNIVERSITY OF UYO
ND
LEGAL METHODS – (JIL 122)
INSTRUCTIONS: ANSWER QUESTION ONE AND ANY THREE

OTHERS
Time: Allowed 3 hours

1. Madam Amebo returned home one evening to find her husband eating in the living
room with his lawyer friend, Mr. Too-know was telling Mr. Amebo about a case
involving their good friend, Mr. Moneymaker. it was a mixed case, in which Mrs.
Money maker was suing for an annulment of their marriage based on non
compliance with the provision of the marriage act, and she was also bringing an
action in tort against her husband for damage done to land he had bought in her
name, which he had registered wrongly under an order of the Minister for lands
made pursuant to the land Use Act. Mr. moneymaker was bringing a countersuits
for abuse of his fundamental human rights guarantee under the 1999 constitution of
the federal Republic of Nigeria, and he also relied on provision of the universal
declaration of Human Rights and the African charter on Human and people’s Rights.
As the defence lawyer for Mr. Moneymaker, Too – know wished to rely on the
married women’s law of England, 1899, to show that Mrs. moneymaker could not
bring the suit without the approval of her husband, which law would be applicable
since the couple could be said to have a common law marriage, based on the number
of years they had lived together as husband and wife. Mr. Amebo then asked Too-
know about a case which he had just read about in the newspaper called Roger v,
Akara, in which the supreme court decided that an could not bring a suit against his
wife for violation of human rights.
Madam Amebo, after listening for half an hour, left the living roon very confused, and
she came to you to explain what this meant and how the court apply all these laws. using
the laws mentioned, provide a brief explanation to madam Amebo of the “main” sources
of law applicable in Nigerian courts.
2. Sources of law provide necessary information about law. write short notes on the
two types of source of law, giving examples.
3. Write the citation for the following materials which can be found in the la library.
i. R v. John Smith, a 1943 case found a page 352 of the second volume of the all
England Law Reports
ii. Legal solutions to Gossiping problem, a law journal article by Olodo Olofofo,
published in 1982 at page 67 of the first volume of the journal of private and
family Law
94
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UNIVERSITY OF UYO - FACULTY OF LAW
ND
LEGAL METHODS – (JIL 122)
INSTRUCTIONS: ANSWER QUESTION ONE AND ANY THREE

OTHERS
Time: Allowed 3 hours

Course: Pull 211 Constitutional Law
Instructions: Answer question I and any three questions
Time: 3 hours
1. Nija Republic has a constitution similar to that of the Federal Republic of
Nigeria 1999 as amended. The National Assembly of Nija Republic recently7
enacted the Electoral Act 2009. The said Act has equally been assented to by
Mr. President. Part IV of the Act contains procedure for election into Local
Government Councils in Nija Republic.
The following facts are available.
(a) S.7 of the Constitution provides that the government of every state shall ensure
the existence of’ Local Government under a which provides for the establishment,
structure, composition, finance and functions of such councils.
(b) Item II of the concurrent Legislative list grants the National Assembly power
to make laws for the Federation with respect to the registration of voters and the
procedure regulating elections to a local Government Council. You have been
brief to make a case for the Local Government Councils. Write out your brief
bearing in mind the powers of the National Assembly to make lass for the peace,
order and good government of Nija Republic.
2. Mr. Ochacha has just been sworn in as an Executive Governor in Nija
Republic, which constitution is similar to that of’ the present Nigeria activities.
Soon after the swearing in, Mr. Ochacha embarked upon the following activities:
(a) Suspends the Chief Judge of the State on the ground that, the Chief Judge only
directed another judge of the State High Court to handle the swearing in
ceremony.
(b) Appoints the Secretary to the Stale Government without any Consultation.
(c) Appoints two commissioners and three special Advisers.
(d) Dissolves the House of Assembly in the State.
Comment on each of the activity of Mr. Governor.
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3. To what extent does the 1999 Constitution of Nigeria as amended perform the
functions of the Rule of Law?
4. What are the legal consequences of change of Nigerian government by extra
constitutional means?
5. What is the purport of section 4 (5) of the Constitution of the Federal Republic
of Nigeria 999 as amended? With the aid of statutory authorities identify and
explain the limitations associated with the doctrine of “covering the field” in the
Federal System of Government that you know.
6. Comment on the following acts-
(a) The National Assembly of Nigeria as concluded plans to pass a bill into Lass
making it mandatory for the President of the Federal Republic of Nigeria to he
selected among members of the Legislature.
(b) The President of Nigeria has colluded with members of the Senate to scrap
the House of Representative.
(c) The President of Nigeria has proposed a bill to make Ministers of the
Federation members of the National Assembly.
Good luck!
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UNIVERSITY OF UYO
FACULTYOFLAW
2010/2011 SESSION
SECOND SEMESTER EXAMINATION
Course: Pull 211 Constitutional Law

Instructions: Answer any four questions
Time: 3 hours
1) Unlike in the United States of America where the Supreme Court had to assume the
power of judicial review in its landmark decision of 1803, the 1999 Nigerian
Constitution has expressly vested this poser in the Nigerian Courts which have
exercised the same in a number of landmark cases. Discuss critically.
2) Bola, a popular politician in Oyo State of Nigeria was born in Accra in the Republic
of Ghana. His father and mother are Ghanaians, though his grandmother was from
Ibadan in Oyo State of Nigeria, where Bola has lived for the past 15 years. l3ola has
declared his interest to content the 2011 election into the Oyo State house of
Assembly but his political opponents who are bent on stopping him have written a
petition to the Nigerian immigration Authority, complaining that Bola is not a
Nigerian citizen and should be deported. The Immigration Authority has seized
Bola’s passport and set up a panel to investigate his nationality. Though the panel is
about to submit its report. Bola has not been invited to make any statement. Advise
the parties.
3) Although the 1999 Nigerian Constitution equally provides for political trials at both
the Federal and State levels, yet in practice, political trials have been a dead letter
law at the Federal level. Discuss.
4) “The state shall direct its policy towards ensuring that - (d) there are adequate
medical and health facilities for all persons” - 1999 Nigerian constitution, section
17 (3) (d). arising from the above provision, Okoro who had serious diarrhea was
rushed to the health Centre of University of Uyo before the C semester
examinations. On arrival, there were no facilities to conduct a laboratory test so he
was treated for stomach ulcer. As a result of wrong diagnosis, he developed
dysentery and missed all his examinations, whereupon, he lost a session. He has
decided to sue the Federal Government of Nigeria for being in violation of this
provision of the constitution. Advise Okoro. Under what circumstances would your
advice he different?
(5) Examine the restrictions on the right to life and right to freedom of movement under
the Nigerian constitution.
(6) With the aid of relevant authorities compare and contrast legislative powers under
the military regime and civilian regime in Nigeria.
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UNIVERSITY OF UVO
FACULTYOF LAW
Course: Pull 221 Constitutional Law Time: 3 hours
1. (a) Examine the meaning and application of the doctrines of Covering the
Field and Mutual Non-interference in Nigeria.
(b) Although the provisions of Chapter II of the 1999 Nigerian Constitution
are bold, elaborate and capable of addressing the Socio-economic rights of
the citizens, they have paradoxically’ remained generally redundant.
Critically examine the above legal submission.
2. ‘One of the duties of a court before which applications to enforce
fundamental rights are brought. is to ensure that the rights are not whittled
down, except by exceptions and provisos clearly enacted or identified in
the Constitution itself, or in existing statutes or regulations which are not
in conflict with the Constitution”. per Nzeako J.O.A. in Akulegu v Benue
State Civil Service Commission & Anor (2002) ‘12 NW[ R (Pt. 782) 524.
With the aid of decided cases, examine the above, dictum with particular
reference to the enforcement of the right to life, right to freedom of
movement, right to freedom of expression.
3. Examine carefully the grounds and procedures for declaration of a State of
Emergency under the 1999. Constitution of Nigeria,
4. The issue of constitutional immunity’ for public office holders in Nigeria
has ‘continued to generate intense controversies’, and recently, there have
been calls for the extension of immunity to cover the Leadership of the
Legislature. Write ‘a well-balanced paper to the Chairman, Senate
Committee on the ‘Review of the Constitution, articulating your position
on the desirability or otherwise of expunging the immunity clause from the
1999 Constitution of Nigeria.
5. Although the 1999 Nigerian Constitution equally provides for political
trials at both the Federal and State levels, yet, in practice, political trials
have been a dead-letter law at the Federal level and the constitutional
procedures have not been free from contentions. Discuss.
6. (a)Dual citizenship appeal’s to be a controversial issue under the Nigerian
constitutional jurisprud’ence. ‘Critically examine the veracity’ of this
submission.
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(b) Raymond was born in Washington DC to Ahmed, an Iranian scientist
an Indian actress. However, Raymond’s grandfather, Hector was a
Nigerian Citizen by naturalization, having lived among ‘the Igbos in
Enugu, Nigeria for more than twenty years. Hector had a flourishing
Electronics business in Enugu and before his’ death in 2005, he bequeathed
his wealth to Raymond, his grandson. In 2009, Raymond returned to
Nigeria and inherited his grandfather’s wealth; and in 2016 he indicated
his intention to contest for the office of the Governor of Enugu State during
the 2019 gubernatorial elections. However, recently his political opponents
wrote a petition to the Immigration Authorities alleging that Raymond is
not a Nigerian citizen. The Immigration Authorities have seized
Raymond’s passport and base detained him for about two months now. The
Panel set up by the Immigration Authorities to investigate and determine
Raymond’s nationality is about to conclude its sittings and prepare its
report, yet Raymond has not been invited to testify. Chief Boro, the
Chairman of Raymond’s political party is confident that Raymond’s
travails would soon be over and Raymond would only be required to
renounce his American citizenship to qualify to contest for the office of the
Gov7fnor of Enugu State. Advise ‘the parties carefully.
100
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UNIVE RSITY OF U VO FACU LTY OF LAW
COURSE TITLE: CONSTITUTIONAL LAW
COURSECODE: PUL2II TIMEALLOWED: 3HOURS
1. “Though the true meaning and nature of a constitution may vary from place to
place, its functions are fairly settled”. Discuss.
2. Examine the operation of the concepts of Separation of Powers and Rule of

law under the Military regimes and under the 1999 Constitution, of Nigeria.
3. While ‘the 1960 Independence Constitution merely severed the apron string
of colonialism from Nigeria, the 963 Republican Constitution finally severed
the last apron string of colonialism from’ Nigeria. Examine the above
assertion critically.
4. From your study of constitution-making in Nigeria, would you conclude

that Nigeria has never had an autochthonous Constitution?
5. Examine critically the constitutional developments in Nigeria under the

colonial Constitutions of 1922 and 1946
6. The adoption of the’ American constitutional model in the 1979 Nigerian

constitution was determined largely by Nigeria’s sad experience with the
Westminster constitutional model bequeathed to the country by the British
Colonial Administration in the 1960 Independence Constitution; and retained
in the 1963 Republican Constitution. Comment exhaustively.
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UNIVERSITY OF U YO
FACULTY OF LAW

COURSE CODE: PUL 221 TIME ALLOWED: 3 HOURS
1. Critically analyse the impeachment power of the legislature under the 1999
Constitution. Why are the impeachment provisions frequently invoked against
State Governors while they remain generally redundant in relation to the
President.
2. Examine the impact of military’ rule on the doctrines of separation of powers

and supremacy of the Constitution.
3. (a) Discuss critically the constitutional right to fair hearing under the 1999
Constitution in relation to criminal trials.
Or
(b) Examine the constitutionality of death penalty in Nigeria.
4. The provisions of chapter II of the 1999 Constitution though bold and
commendable are of no practical relevance and have thus become a dead letter
law. Comment critically.
5. (a) Distinguish between judicial power and jurisdiction.
(b) Examine carefully the original and appellate jurisdiction of the
Supreme Court.
6. “It appears to me that section 82 of the 979 Constitution (section 88 of the
1999 Constitution) is not designed to enable the legislature usurp the
general investigative functions of the executive and the adjudicative functions of
the judiciary.., the section does not constitute the Rouse as a universal
“Ombudsman” inviting and scrutinizing the conduct of every member of the
public.:’ See SENATE OF THE NATIONAL ASSEMBLY & ORS V MOMOH,
(1982) 2 FNR 307. In the light of the above dictum. examine the true nature and
scope of the investigative powers of the National Assembly under the 1999
Constitution.
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UNIVERSITY OF UVO
FACULTY OF LAW

COURSE CODE: PUL 211 TIME ALLOWED: 3 HOURS
1(a) What is a Constitution?
(b) Do you agree with the assertion that the societies which came to be known as
and called Nigeria by virtue of the amalgamation of the Northern protectorate,
Southern protectorate and Lagos Colony in 1914. had no Constitutions?
2. The operation of federalism in Nigeria has been greatly distorted, with the
concentration of power and control of natural resources in the central
government. Discuss critically.
3. On l October, 1960, the. British Queen-in-parliament, as expected, granted
independence to Nigeria on a Westminster constitutional model, but on 1st
October 1979, the Supreme Military Council rejected that constitutional model,
though successful in Britain, and adopted the American constitutional model
instead. Discuss.
4. Examine the operation of’ the doctrine checks and balances under the military
regime and the 1999 Nigerian Constitution.
5. Compare and contrast the Richard Constitution of 1946 with the Macpherson
Constitution 1951.
6. Discuss any three of the following:
(a) The case of Lakanme, Attorney General Western of Nigeria (I 97 1)1 U.I.R.
201.
(b) The 1963 Constitution of Nigeria.
(c) The Rule of Law.
(d) Constitutional supremacy and Parliamentary sovereignty
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UNIVERSITY OF UYO
FACULTY OF LAW
2013/2014 SESSION
SECOND SEMESTER EXAMINATION
Course: Pull 221 Constitutional Lass

Time: 3 hours
1. The President’s duties are not all purely executive in nature he is also
intimately associated by constitution and custom, with the legislative
process and he may therefore be considered to be the chief legislator.
Discuss.
2. (a) Briefly distinguish between the orders of certiorari and mandamus.
(b) “Whereas, in the United States of America, the Supreme Court had to
assume the power of judicial review in its landmark case of 1803, the 1999
Nigerian Constitution has expressly provided for the power of judicial
review”. Examine the veracity of the above dictum, citing and discussing
at least two American and three Nigerian cases in this regard.
3. Mallam Hurana is a radical politician and chairman of the opposition
Democratic Socialist Party in Medusa Republic a country in central Africa,
with a constitution similar to the 1999 Nigerian Constitution. Recently,
Mallam Haruna held a press conference in the Federal Capital during which
he warned that “The Democratic socialist party will form a parallel
government if its looses the forth coming presidential elections in the
country”. The following day, Mallam Haruna was arrested by the Medusa
Security Service (MSS) and his passport seized. He was detained for two
weeks. On the third week, Mallam Haruna was charged with treasonable
felony and possession of firearms, at the State High Court. Mallam Haruna
has engaged the services of Mr. Whitehead, a renowned London — based
lawyer, as his defence counsel. His son. Bala Haruna, a part II Uw student,
a the Federal University. Medusa has further assured Mallam Haruna that
“even as an accused person you are entitled to numerous fundamental
rights under the constitution”. Identify and discuss the legal issues, and
advise Mallam Haruna.
4. The issues of creation and administration of new Local Government
Councils in Nigeria have continued to generate much tension and conflict
between the State Government and the National Assembly, as a result of
the misunderstanding or misinterpretation of the relevant constitutional
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provisions. Using the 1999 Nigerian Constitution and decided cases as sour
guide. write and submit a well balanced advice to the speaker ofyour State
House of Assembly on the true position on these issues under the
Constitution.
5. Maroko is the Deputy Governor of Sifon State in Eket Republic. a country
which operates a constitution similar to the 1999 Nigerian Constitution. The
Governor of the State who has recently quarreled with Maroko, his deputy. has
instigated the State House of Assembly to remove Maroko from office. The notice
of allegation signed by of the members of the House of Assembly accused
Maroko of gross misconduct, to wit, “operating a poultry farm within the
government house premises”. Two days after the said notice was served on
Maroko. the Speaker directed the State Chief Judge to constitute a panel to
investigate the allegation leveled against Maroko; and the 5 Man Panel set up by
the State Chief Judge has Dr. Dagogo, a Principal Lecturer at the University of
Eket Republic as Chairman, Mr. Madu, the Secretary General of the ruling
Republican Party. Rev. Hilary. a clergyman and two lawyers in private legal
practice, as members. The Panel concluded its work in 5 days and found the
allegation against Maroko, proved; and reported these to the State House of
Assembly, which by a resolution supported by 1/3 of the members present,
removed Maroko from office. Maroko intends to challenge his removal in court
but his daughter. Miss Peace Maroko, who is a part 2 Law Student has informed
him that, on the authority of Balurahe Musa Kaduna_ State House I .4.ssemh/j’,
the court will decline jurisdiction. Carefully advise Maroko on the
constitutionality of his removal and the jurisdiction of the court to entertain his
case.
6. Write notes on the following:
(i) Dual citizenship under the 1999 Nigerian Constitution
(ii) The application of the doctrines of covering the field and mutual
non-interference in Nigeria.
(iii) Relevance of the provisions of chapter II of the 1999 Nigerian
Constitution.
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UNIVFRSITY OF UYO
FACULTY OF LAW
2009/2010 SESSION
Course: JIL 212 Nigerian Legal System

Time: 3 hours
1. “Man is not only a political animal but also a social animal”. Aristotle,
Politics. Comment in the light of the nature and functions of law in the society.
2. The word ‘custom’ may only reflect the common usages and practices of the
people in a particular matter without necessarily carrying with it the force of
law. Comment in the light of its nature, characteristics and judicial
ascertainment customary law.
3. Law is complex phenomenon that touches on all aspect of life. Comment
several schemes of classification of law.
4. Write on two aspects of English law as a source of law in Nigeria
5. Write short notes on:
(i) Nigerian legislation as a source of law in Nigeria
(ii) Statutes of General Application
(iii) Legal realism
6. Chief Okon sued Mr. Udodong before a customary court over the sharing
of their late -father’s estate. Chief Okon is intending to rely heavily on
section 14(1) of Evidence Act to prove his case. But Mr. Udodong is
insisting that the validity test must be carried out on such\a rule of
customary law before the courts. Advise the parties.
106

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COURTSY: GODWIN ABRAHAM

COURSE TIILE: LAW OF CONTRACT

(b) “The ties of conscience upon an upright mind are a sufficient

4. Archie is the author of a number of best-selling novels. Bertie is Archie’s

5. Paul, an employee of Internal Revenue (‘IR’) allegedly agreed with

2015/2016 FIRST SEMESTER EXAMINATIONS

COURSE TITLE: Law of Contract

3. Consider the distinction between the following:

(a) Executory and Executed consideration

First Semester 2016/2017 Session Examinations

Course Title: Law of Contract I

1. Chief Obasi Emeka is the owner of a duplex apartment situate at 1 Rainbow

3. A promise made in return for some past service is unenforceable. Roscala V

i) With your knowledge of terms implied by statute under the appropriate

COURSE TITLE: LAW OF CONTRACT 1

5. “Illiterate persons... are particularly susceptible to being cheated or taken

6. Differentiate between in nominate terms, condition and fundamental term of

COURSE TITLE: Law of Contract

2. Eduardo is a customer of Rainbow Bank Ltd. He is desirous of starting a new

5. Mr. Edet seems to be cut-out for contractual misadventure, First, he entered

COURSE TITLE: Law of Contract II

2. It is often difficult to distinguish Undue Influence from Duress. However both

COURSE: PIL 313 LAW OF TORTS

Instruction: Answer Any Four Questions

2. Sylvester Daniels stole N100,000 property of Cyprian Ede, a Superintendent

6. Mrs. Francisca Innocent is a tenant in a property situate at No, 10, Wellington

a. Whether any remedy avails them.

COURSE TITLE: LAW OF TORTS

FIRST SEMESTER EXAMINATIONS, 2011/2012 SESSION

COURSE: LAW OF TORTS (PIL 313)

3. In a recent arbitration meeting in the palace of the traditional ruler of Eket,

5. Vicentino who recently returned from USA has discovered that a

6. Write short notes on two of the following:-

COURSE TITLE: LAW OF TORTS

1(a) Is fault the basis of tortuous liability?

COURSE TITLE: Law of Tort

COURSE TITLE: LAW OF TORTS

COURSE TITLE: LAW OF TORTS

COURSE TITLE: LAW OF TORTS

COURSE: LAW OF TORTS II (PIL 323)

Instructions: Answer Any Four Questions Time Allowed: 3 Hours

1. Dr Denco is a medical practitioner and a governorship candidate for ABC

3. Blue Waters Organization recently constructed a private Ferry Terminal along

4. Snowball Ltd. is a company that engages in animal husbandry and production

Course Title: Commercial Law II

Course Title: Commercial Law II

ATTEMPT ANY FOUR_QUESTIONS

1. Universal Construction Company Ltd is a Construction Company based in

2. A clause in the contract stipulated that:

COURSE CODE: PIL 314 TIME ALLOWED: 3 HOURS

2. The plaintiffs’ sellers agreed to sell a condensing machine to the defendants,

SECOND SEMESTER EXAMINATION SESSION: 2016/2017

DATE: 4/7/2017 COURSE CODE: PIL 324

INSTRUCTIONS: ANSWER ANY FOUR QUESTIONS

1. The relationship of principal and agent is primarily consensual. Consequently,

3. An agency agreement provided for the creation and termination of the

UNIVERSITY OF UYO, UYO

Course Title: Commercial Law

2. Mr. Asuquo Bassey resides in Lagos, Nigeria. He is indebted to Mr. Charles

i. Identify and comment on the, validity of the instrument in the above

Instruction: Answer Any Four Questions

6. What rights or remedies are available to parties in a contract of sale?

SESSION: 2011/2012 DATE: 24/05/2012 /