LLB 2 Past Questions
LLB 2 Past Questions
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Preface
Pursuant to section 20 (2) of the constitution of the Law Students’ Society, The Academic
Committee derives its relevance and constitutionality and as well is vested with certain functions.
However, in a bid to achieving its aim and objectives, it became obligatory for a compilation of past
questions.
This resource is channeled towards achieving academic excellence of members of the Law
Students’ Society in pursuit of their legal career in our prestigious faculty of law. The purpose of this
resource cannot be overemphasized. Studies have shown that studying past questions is a valuable and
ultra-expensive part of exam preparation which helps keep revision focused on important topics and as
well mastering the style of the exam questions thus providing a practical insight into the forthcoming
exam. For instance, the time length of the exam, typical number(s) of questions, number of choices
Nevertheless, the committee salutes THE LUSTROUS TEAM (‘17/18 Executive Council) for
their munificence towards making this resource free for the whole society. Also, commendation goes
to all persons who were instrumental in one way or the other to the compilation of this Academic
Resource.
Accordingly, for your educational benefit and the love of your Grade Point (GP) and your
cumulative Grade Point Average (CGPA) as the case may be, peruse laboriously and your A’s are
guaranteed.
Oyekan T. Olabode
Ag. Chairman,
Academic Committee 2017/2018
Law Students’ Society.
O.A.U, Ile-Ife.
June, 2018
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Foreword
A ROAD TO YESTERDAY: THE ESSENCE OF THE PAST IN FUTURE.
To know what a thing is, said a sage, recourse must be made to what it had been and what it
tends to be. Martin Luther King Jr. also averred, nothing in the world is more dangerous than sincere
Again, success in law exams has been predicated on diligently going for classes, reading of
lecture notes, researching with useful materials and ultimately, solving PAST QUESTIONS.
The purpose of this past question is therefore to serve as guidelines to law students.
It is sincerely hoped that the Past Questions provided in this booklet will not only shake off
abecedarian approaches to questions but also invoke scholarly pieces characterized with ratified
As I close, my heartfelt gratitude goes to all who have contributed tremendously and
painstakingly against all odds, to the success of this contribution particularly the ‘17/18 Academic
Committee. You have consciously rendered your quota to the raising of heads; the Lord will bless you
Regards,
Adedigba Daniel,
President,
Law Students’ Society. OAU
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DEPARTMENT OF PHILOSOPHY
FACULTY OF ARTS
OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE, NIGERIA
Prove that the following arguments are invalid using the method of refutation by logical analogy
3. Drug use is a matter of behavior control. It’s like eating, the drugs belong to the person as
much
as the food s[he] eats. Both substances are ingested into the boy system of the user, and
both are subject to overuse. It would be ridiculous to declare war on overeating, so it’s
ridiculous to declare war on drugs
4. Saddam Hussein and Stalin were both vicious dictators, with their hand on weapon of mass
destruction. Both were self-important megalomaniacs. Both were extremely cruel to anyone
who come in their power. And both ha absolutely ugly mustaches! Deterrence kept Stalin
bottled up behind the iron curtain until he died. We have absolutely no reason to think that
deterrence would not have kept Saddam similarly bottle up
Translate the following English sentences into symbolic language using the scheme of abbreviation
provided
5. Not that Jingo will pass only if he concentrates, provided that logic is not difficult
[P: Jingo will pass Q: Jingo concentrates R: Logic Is difficult]
7. Assuming that Jingo is a communist, he will sign the loyalty oath; but if he is an idealist, he
will
neither sign the loyalty oath nor speak to those who do
[P: Jingo is a a communist Q: Jingo is an idealist R: Jingo will sign the loyalty oath S: Jingo
will speak to those who sign the loyalty oath]
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Prove the validity of the following arguments using the method of derivation
9. P → Q. R → ~S. S → P. Q→R .: S → ~T
10. (P → Q) → R. S → ~P. T. ~S → (T → Q) .: R
11. (P → [P →Q]) → (P → Q)
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PHL 204: INTRODUCTION TO SYMBOLIC LOGIC II MID-SEMESTER TEST 2016/2017 RAIN SEMESTER
TIME ALLOWED: 30 MINUTES
INSTRUCTION: ANSWER ALL QUESTIONS
1. Is there a contradiction between ‘All cows are mortal” and ‘No cows are mortal’?
Answer with the use of Venn’s diagrams
2. Are the following arguments valid? Where invalid, can anything be added to make it valid?
Answer with the Venn’s diagram
a. All doctors are professionals b. Some cows are not animals
All dentists are doctors Some animals are not dogs
.: Some dentists are professionals .: Some dogs are not cows
3. Translate the following statements using the scheme of abbreviation provided:
i. Some students were protesting, but not all of them were arrested [F: a is a student; G: a
was protesting; H: a was arrested}
ii. None but the brave deserves the fair [F: a is brave; G: a deserves the fair]
4. Using truth tables, determine whether the following statement is (i) consistent (ii) a
tautology (iii) self-contradictory:
~Q → ( Q v [ R → ~ S ] → ~ [ R v S ] )
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DEPARTMENT OF PHILOSOPHY
FACULTY OF ARTS
OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE, NIGERIA
1. If ‘There are no cats’ would it imply ‘All cats are animals’? Answer with the use of Venn’s
diagram.
2. Determine the validity of the following arguments. Where invalid, can anything be added to
make it valid? Answer with the use of Venn’s diagram
a) Some cows are animals b) Some philosophers are not kings
All animals are mortal All kings are men
.: Some mortals are cows .: Some men are philosophers
3. Democrats and Republicans who put loyalty above legality are detrimental to democracy
(F: a is a democrat G: a is a republican H: a puts loyalty above legality J: a is detrimental to
democracy)
4. Something is round and something is square, but it is not the case that something is a round
square
(F: a is round, G: a is square)
Determine the validity of the following arguments through the method of derivation
8. P ↔ P v (P Ʌ Q)
9. P v (~P Ʌ Q) ↔ P v Q
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SECTION A
1. Legal system can be described as the mother of all law courses. It is of utmost importance to
the law students; law teachers; practicing lawyers as well as judges. Lack of knowledge or in-
depth understanding of this course results in half-baked or unbaked practitioners in all
endeavors of law
Discuss
2. Despite different definitions of law resulting from many different perspectives, law remain
the pivot upon which a society revolves
Justify this assertion
3. At a conference on ‘Africa and the rest of the world’ Professor in kan be made the following
assertions. ‘Customary law as a source of law in Nigeria is most inappropriate and should not
be part of our sources of law. This is because most of the practices have been adjudged
‘barbaric’ in the eyes of our colonial masters. So, custom no longer applies’. We have
enough sources to take care of African/Nigerian affairs through the inherited laws and
customary law would just be a surplussage
Do you share his view?
4. COURT OF APPEAL
Counsel for the Appellant
‘Your lordships, I really appreciate your patience in accommodating us today on the very
lengthy arguments presented by my learned friend and I in both the Appellant’s and
Respondent’s briefs. On a final note however, and by way of oral argument, I shall
recommend the case of KALTUNGO V. KATSINA. It is a supreme court decision and the facts
are similar to this instant. The supreme court in that case gave the exact position of the law
as we have argued in our brief and so we urge your lordships to follow suit by allowing this
appeal”.
Counsel for the Respondent
‘My lords, it is so unfortunate that my learned friend can still recommend the case of
KALTUNGO V. KATSINA. This is a case which I am sure my lords will agree with me on this
issue has evoked a lot of arguments and criticism in legal circle as to its soundness and or
legality. We all know the Supreme Court was obviously wrong in the decision. It is one of
those cases one would say was politically decided. Your Lordship should not follow this path
of judicial recklessness chartered by the Supreme Court. We all knew what went behind the
scene.
My Lord, your decision in MALLAM JOS V. DAN ZARIA still remains the law in this aspect and
we urge you to follow suit.
In case your Lordship want a higher court’s decision, we recommend the case of HARRODS
V. DERBY COUNTY. This is the House of Lords’ decision and it supports your decision in
MALLAM JOS V. DAN ZARIA.
Court:
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It is obvious to every legal mind, even to a new wig. That the Supreme Court was wrong in its
decision I the case of KALTUNGO V. KATSINA. Our decision in MALLAM JOS V. DAN ZARIA is
still the law. We will not be drawn into the miry clay in which the Supreme Court has
plunged itself. However, in this case, we are also bound by the case of HARRODS V. DERBY
COUNTY and we hereby apply same. This appeal is therefore dismissed.
With the aid of judicial authorities, discuss the legal issues involved in this hypothetical case
SECTION B
5. The important issue is that English law was introduced and has become part of our law. The
term or expression ‘reception’, ‘translocation’, ‘transplantation’ and the likes will only be of
little practical utilitarian value on the realities of the situation
Comment
6. I think the court would be free to hold that local circumstances do not permit a statute to be
in force if it produced results which were manifestly unreasonable or contrary to the
intention of the statute – Brett F J in Lawal v. Younan (1961) 1 All NLR 245
What is the importance of the Reception clauses on the Reception of English law in Nigeria?
7. Write short notes on
i. Bindingness of Precedents
ii. Ratio Decidendi
iii. Res Judicata.
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SECTION A
1. Jurisdiction is the life wire of an action in court. It is so important that any attempt to
determine a case by a court without jurisdiction would be an attempt to draw water with a
basket. Discuss
2. ‘Nigeria attained political independence on October 1, 1960. For her, and indeed the other
newly independent states, the attainment of statehood was soon to open new vistas in
developments and growth. On the legal scene. It is now history that the English legal system
has been imported into Nigeria as the hand-maiden of colonialism. Formal legal education of
the western type came in its trail as a direct result of the economic and social policies of the
administering power and was done mainly in the United Kingdom. One of the immediate
challenges of independence, therefore, was the setting up of a local machinery for legal
education in consonance with the status and demands of statehood. Nigeria opted for dual
system of legal education whereby a recognized law degree is required for the admission to
the law school established in 1962. At the law school, a student takes the necessary
examinations in addition to other requirements before he can be called to the bar’
a. Discuss, with particular emphasis on the machinery for legal education
b. What are the challenges facing the present system of Legal Education in Nigeria?
3. Write comprehensive notes on the following:
(a) History and development of courts in Nigeria
(b) Notion of justice
(c) making a virile judiciary
4. The legal profession in Nigeria is rightly identified with British colonial rule and the
introduction of British system of courts in 1862. Prior to the colonial era, professional
advocacy did not feature much in the different traditional systems of administration found
in Nigeria. Since the primary object of traditional adjudication was to reconcile parties and
maintain a brotherly community, the growth of professional advocacy was discouraged.
Besides, the unwritten customary laws were simple enough, thereby obviating the need for
specialization. The modern legal profession has since come a long way from the pre-colonial
era with a sophisticated machinery for admission to the Bar and the practice of law
Against this background, comment on the evolution, structure, institutional framework of
and CHALLENGES facing the legal profession in Nigeria
SECTION B
5. Mr Adamu owns a cashew plantation in Ibadan. In disposing of the products of his farm, he
consulted Mr Shander, a Lebanese who is an exporter and the reached an agreement on
how the cashew nuts will be bagged and packaged for export sale. Mr Shander who was
born and bred in Ibadan and whose mother was from the Olubadan ruling house, not only
knows the nooks and crannies of Ibadan but also familiar with the export sales business.
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However, two years into the cashew export business, the agreement broke down and Mr
Shander sued Mr Adamu for selling his cashew nuts to another trader contrary to the
agreement. In resolving the conflict, Mr Shander insists that Ibadan native law and customs
should govern the transaction. Mr Adamu claims on the other hand that English law should
govern the transaction as Mr Shander is a foreigner and the transaction is unknown to native
law and custom
Advise the parties drawing out the rules for resolving internal conflicts of law in Nigeria
6. Restate in details the procedure for the
(a) Appointment and
(b) Removal
of a person to and from the office of the Chief Justice of Nigeria (CJN)
7. Write short notes on any three(3) of the following
(a) conditions for granting BAIL in a criminal prosecution
(b) Lex Situs
(c) Lex loci dollicti
(d) methods of instituting civil proceedings
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INSTRUCTIONS: Attempt four (4) of the questions out of which at least One question must be from
each sections
TIME ALLOWED: 3 Hours
SECTION 1
1. ‘A law (passed by parliament) may be unjust and contrary to some principles of government
by parliament is not controlled in its discretion and when it errs; its errors can only be
corrected by itself’ Erskine May
Discuss the application of this statement during a democratic government in Nigeria
2. ‘To every subject in this land, no matter how powerful, I would use Thomas Fuller’s words
over 300 years ago – Be you ever so high, the law is above you’
Discuss this quotation in relation to the operational framework of the doctrine of the Rule of
Law in Nigeria
SECTION 2
3. ‘Separation of powers means that the three arms of government must not have the whole of
another arm vested in it nor obtain control over another branch’ – Madison
Discuss this statement in relation to the application of this doctrine in Nigeria
4. Examine the historical constitutional development of the Federal Republic of Nigeria from
the advent of colonial rule till 1999 when the extant constitution came into operation
5. Federalism as a system of government as practiced in Nigeria is not a true reflection of
federalism in advanced democratic system’. Discuss with aid of judicial and
constitutional/statutory authorities
SECTION 3
6. (a) Explain the phrase ‘Legal Consequences of Change of Government by Extra-Legal means
(b) What is Coup d’etat?
(c) What are the arguments involved in the attempt by the people to change a government
from one wicked or oppressive leader to a good or righteous leader?
7. (a) Recall the exact provisions of the constitution of the Federal Republic of Nigeria, 1999 (as
altered) which forbid illegal take-over of government
(b) Recall the exact section of the Criminal Code, Laws of the Federation of Nigeria 2004
which forbids illegal take-over of government
(c) What are the incidents which you can give to confirm that those provisions of the
constitution and the criminal code are note effective?
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FACULTY OF LAW
OBAFEMI AWOLOWO UNIVERSITY
RAIN SEMESTER 2016/2017 SESSION EXAMINATIONS
PUL 202 CONSTITUTIONAL LAW II
INSTRUCTIONS: Attempt four questions out of which at least one must be chosen from each of the
sections
Time Allowed: Three (3) hours
SECTION A
1) With the aid of judicial authorities, discuss the superiority of laws under a military
dispensation in Nigeria
2) Enumerate and discuss ways or manners in which a person can acquire Nigerian Citizenship
3) Enumerate in details, the legislative power of the Federal Republic of Nigeria as contained in
the 1999 constitution (as amended)
SECTION B
4) Discuss with the aid of decided cases, the principles of ‘audi altarem patem’ rile
5) With the aid of decided cases, discuss the use of ‘Locus standi’ in Nigeria litigation system
SECTION C
6) (a) Trace the origin of the provision of Fundamental Human Rights in the various Nigerian
constitutions
(b) Why are fundamental Human rights so Fundamental?
7) Write full and Explanatory notes on the following
(a) Necessity for Delegated legislation
(b) Habeas Corpus
(c) Mandamus
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INSTRUCTIONS:
A) Answer FOUR (4) questions in all, taking at least ONE question form each of the sections
B) Answer the questions from section A in ONE booklet and the questions from section B and C in
ANOTHER SEPARATE booklet (The respective sections should be boldly and clearly indicated on each
of the booklet used.) Time Allowed: Two Hours, Thirty Minutes (2 ½ Hours)
SECTION A
1. With pertinent authorities, examine the principles relating to determining the existence of
the element of intention to create legal relations in a legal contract
2. The notion of a legal contract being a contract enforceable at law goes beyond being a
contract merely having the collective occurrence or presence of all the elements of
contracts. Discuss critically with relevant legal authorities
SECTION B
3. (a) With the support of judicial authorities, distinguish between offer and invitation to treat
(b) As a general rule, an acceptance of an offer by post is deemed to be made and complete
at the very moment it was posted and it manners not that it was delayed in the post or was
never delivered at all. Briefly discuss with reference to the case of Adams v. Lindsell 1818
B&A P. 681. Are there exceptions to this rule?
4. (a) Chief Kokoriko has a parcel of land in Okra that he intended to develop. He invited
Samanda, a reputable architect to a meeting to discuss the development plan. Thereafter,
Chief Kokoriko sent the survey plan of the land to Samanda without any request for a design.
However, Samanda prepared designs and a bill of N50,000 which he sent to Chief Kokoriko.
The latter refused to pay the bill. Advise Samanda on the viability of a legal action against
Chief Kokoriko
(b) Citing relevant cases, distinguish between the effects of the following clauses
(i) Subject to contract
(ii) This is a provisional contract
5. Mrs. Ipi-tombi owed Deacon Olori the sum of N500,000, the payment of which was overdue.
Both of them were members of Love Garden Church. One day, after listening to a soul-
touching sermon on forgiveness, Deacon Olori informed Mrs. Ipi-Tombi that he was willing
to accept N50,000 in full satisfaction of the debt of N500,000. Mrs. Ipi-Tombi gave N50,000
to Deacon Olori and thanked him for his agape love. Two years later, the church
excommunicated Deacon Olori, who then proceeded promptly to recover the balance of
Mrs. Ipi-tombi’s indebtedness to him. Mrs. Ipi-Tombi contended that Deacon Olori already
waived the balance of N450,000
Advise the parties whether or not in the circumstances of this case the payment of N50,000
by Mrs Ipi-Tombi amounted to full discharge of her indebtedness to Deacon Olori at equity.
Would your advice be the same if the transaction took place at Common Law
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SECTION C
6. With the aid of decided cases, discuss the subsidiary test which Cheshire et.al drew up for
the purpose of possible solution to distinguish between a term of a contract and a mere
representation
7. Dr Coker lodged at the Excel Hotel in Lagos. He stepped out of the room briefly and
discovered that his room key was taken by a thief who then stole his gold necklace from his
room. On a corner at the reception desk in the Hotel was a typed notice that the Hotel
management did not accept liability for the theft of valuables not deposited with the Hotel
management for safe keeping. Dr Coker wishes to sue the Hotel for negligence. Advise him.
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3. Consistent with the principle of freedom of contract, it is within the prerogative of the
parties to a particular contract to bring it to an end and free themselves of any further
responsibilities with respect to the contract. The fluidity with which this can take place is
exemplified and quite naturally so, where the parties have fully performed their stipulated
obligations. However, this is without prejudice to the validity of substantial performance by
a party or acceptance of partial performance by the promise under the contract. Discuss
4. The principle of law is that where a contract is merely illegal as performed, it is only the
party who knowingly and deliberately perform it that suffers the penalty in subsequence of
being denied any right or remedy under the contract.
With the aid of decided cases, discuss the above in line with contracts to regulate a trade,
profession etc.
5. Joboyo, a business man, went to Short-Time Hotel and deposited a sum of N1000 with
Suzzie, a prostitute, for the purpose of drinking and other attendant consequences. After six
visits, Suzzie told Joboyo not to come again, for his money has expired. However, this is
despite the earlier agreement that it was N1000 per week. Suzzie refused to allow Joboyo
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see her again. Joboyo has therefore instituted an action against Suzzie.
Advise the parties on their legal rights in this matter
6. In what circumstances if any is one party to a contract under a duty to mitigate his loss
arising from the other party’s breach?
7. The proprietor of God’s own poultry farm issued a cheque of five hundred thousand naira
(N500,000) for the purchase of poultry feeds. The cheque was dishonored by Temiyemi Bank
Plc. The proprietor was dissatisfied with the bank and as a result, he decided not to do
anything to ameliorate his loss for six months. Temiyemi Bank later apologized to the
proprietor, which rejected. The Proprietor has now sued Temiyemi bank asking for
aggravated damages of five million niaria (N5,000,000.00).
Advise the proprietor as to the sustainability of his claim.
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Instructions: Answer four (4) questions including at least one (1) question from each section
Time Allowed: 3 hours
SECTION A
1. To what extent has human right has shaped the trajectory of international humanitarian
law?
2. Analyze the emergence of human rights centered Non-Governmental Organizations in
Nigeria, and suggest ways that they can be more effective in improving the Nigerian human
right situation
SECTION B
3. One obstacle often encountered in tracing the history of Human Rights in Africa is the
debate as to whether the concept of human right existed in Pre-Colonial Africa. Western
writers assert there was no human rights in Africa until the contact with the west
Are they justified?
4. Domestic law can in principle not be invoked as a justification for a breach of international
legal rule.
In the light of the above, examine the relationship between domestic law and international
law
SECTION C
5. Natural law and natural rights. Discuss the major differences between the two concepts and
areas of convergence
6. Comment on the basic properties of human rights
7. The philosophy of human right seems to negate its inherent nature
Discuss.
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Instruction: Answer four questions in all with at least one question from each section
Time Allowed: Three (3) Hours
SECTION A
SECTION B
4. We are continually told that civilization and Christianity have restored to the woman her just
rights. Meanwhile, the wife is the actual bondservant of her husband; no less so, as far as
the legal obligation goes, than slaves commonly so called (John Stuart Mill in his 1869 essay
‘The subjection of Women’)
Justify the above assertion and explain the improvement, if any, to women’s right
5. Like the Biblical injunction ‘the poor you will always have with you’ Human Rights violations
we will always have with us
Discuss the statement exhaustively
6. Children rights are human rights but just like women, they are vulnerable and deserving of
special rights
Discuss the rights of a child in relation to the Convention on the Rights of a Child 1989 and
the Child Rights Act 2003 of Nigeria
SECTION C
7. Evaluate the fundamental right to life in Nigeria with the aid of Statutory provisions in the
Nigerian Constitution
8. Critically examine and assess Section 17 of the Fundamental Objectives and Directive
Principles of State Policy spelt out the ideals of freedom, equality and justice in Nigeria. How
feasible are these objectives in Nigeria?
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Instruction: Answer two (2) questions from Section A and two (2) questions from Section B, four
(4) questions in all
Time Allowed: 2 HOURS 30 MINUTES
SECTION A
1. And fulfill every engagement for every engagement will be enquired into on the day of
reckoning (Quran 17:34) Examine this verse of the Holy Quran with particular reference to
the major elements of a valid contract (Al-aqd) under the Sharia or Islamic law
2. Certain conditions have been laid down for the validity of an agency under the sharia such
conditions permeate the three essential elements of an agency that is, the principal, the
agent and the subject matter. Discuss
3. Write critical notes on the following
(a) Kinds of agency (Al-wikalah) under the Islamic law
(b) Termination of agency (Al-wikalah) under the Islamic law
4. The contract of sale under the sharia means the delivery of a definite object which possesses
legal value in exchange for something equivalent in value called the price.
Discuss and identify the major prohibited transactions under the Sharia
SECTION B
5. Under the Sharia, a marriage (niikah) is a civil contract (al-aqd) and once the contract is
validly constituted with certain essential requirements, no religious ceremony (walimah) is
mandatory to validate the consent. Discuss your understanding of an Islamic marriage as
well as the essential conditions of a valid Islamic marriage
6. The Islamic banking system is essentially different from the Conventional banking system in
many respects, state the three basic principles underlying Islamic finance transactions
generally as well as the fundamental differences between Islamic banks and the
conventional banks
7. Today in Nigeria, there is Jaiz Bank Plc; an Islamic bank with a full operational license to open
branches across the federation like every other conventional banks in the country. Discuss
the historical milestone of the practice and development of Islamic banking system in
Nigeria.
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SECTION A
1. The definition of Law is as slippery as it is elusive and yet it is the essence by which a society
develops and sustains”
2. (a) Gangaria is a village somewhere in present day Southern Nigeria. For long it has been the
practice in the village that a person would have the honour of being killed and buried along
with the ling whenever a king dies. King Nenepo has just died and Mr. Showboy has just been
informed that he has the honour of dying with the king. Showboy has declined to accept the
honour and strongly refused to die with the king. The Council of Chiefs has now filed a court
action urging the court to compel Showboy to surrender himself to be killed and buried with
the king. Comment Exhaustively.
(b) Because of diversity of customs, it may not really be proper to evaluate a custom on the
basis of being `good’ or `bad’ Comment
SECTION B
3. “The Jurisdiction of the High Court in probate, divorce and matrimonial causes and
proceedings any be exercised by the court in conformity with the law and practice for the time
being in force in English. (Section 32. Northern Region High Court Law)
By the above reception clause and similar clauses, English law has introduced into Nigerian
territories and consequently remains part of Nigerian Law.
Expound on the technique and extent of such reception
4. In the land dispute over a parcel of land situate at Agodi, Ibadan the following argument ensured
between Counsel Nikky and Darusa before the Oyo State High Court, Ibadan
Nikky: My Lord in conclusion I rest my case on the authority on Section 2 of the English Law of
Property Act. 1925 which contains the same provision as Section 2 of the Land Transfer Act 1879. I
also refer your Lordship to the case of Maddon v. Sannon (1899) English Rreports page 101 – a decision
of the English House of Lords (the highest court in the Commonwealth)
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Darusa: With profound respect to your Lordship. I submit in objection to learned counsel’s objections
as follows:
(i) The English Law of Property Act, 1925 replied upon by the council is not Statute of
general application in force in this jurisdiction since it postdates January 1, 1990
(ii) The land Transfer Act 1897, even if held to be a statute of general application in force
in some Nigeria territories is definitely not in force in Oyo State.
(iii) The case of Maddon v. Shannon is also not be relied upon since no English law is
received into the Laws of Western Regions or Laws of Oyo State.
5. In the light of the above, discuss the correctness of the applicability of English sources of law
in Oyo State of Nigeria.
6. The meaning of “Statute of General Application” has agitated the minds of jurist over the
years.
What, in your view, are the workable criteria for identifying a statute of general application?
7. To what extent is English Law applicable in the present day dispensation in Nigeria?
SECTION C
8. “The life of the law has not been logic it has been experience”. (Oliver Wendell Homes Jr in
“Common Law” P.1
Discuss with reference to the doctrine of Judicial Precedent in English Law
9. As a Law student, how do you think the tension between the court’s primary duty of doing
justice in particular matters brought before it and the need for certainty and predictable
espoused by the stare decisions doctrine can be resolved.
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SECTION A
1. By “Convention” is meant a binding rule, a rule of behavior accepted as obligatory by those
concerned in working of the constitution. The law of the constitution is supplemented by a
whole collection of rules which though not part of the law is accepted as binding and which
regulate political institutions in a country clearly form a part of the system of government”
Discuss.
2. As law may be unjust and contrary to some principles of government but parliament is not
controlled in its discretion and where it errs, it errors can only be corrected by itself” Erskine
May.
Discuss
3. Does this statement apply in Nigeria since 1960?
4. Discuss the rule of law and its application in Nigeria.
SECTION B
5. In view of the court’s decision in the case of Attorney General of Lagos State vs. Attorney
Generation of the Federation (2005) ALL FWI RPT 244 at page. 803, examine the operational
framework of Federalism in Nigeria. How successful or practicable is the doctrine in Nigeria
of today?
Trace the historical constitutional development of Nigeria from the advent of the British rule
till date.
Examine critically any Two of the following:
Presidential and parliamentary constitutions
Federal and Unitary Constitutions
Rigid and Flexible Constitutions
SECTION C
6. Examine the terms “Elections and Electoral process” within the context s of the relevant
provisions of the institution of the Federal Republic of Nigeria 1999 and the Electoral Act.
2001?
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7. Consider five of the most sensitive problems of electoral process in Nigeria and suggest five
probable solutions.
8. What do we mean by the phrase “Legal consequence of change of government by extra legal
means?
9. State relevant domestic and international legal instruments against illegal takeover of
government within the context of the Nigerian Political circumstances?
10. Are those instruments final, immutable and conclusive on the matter?
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INSTRUCTIONS: Answer two (2) questions from Section A and two (2) questions from Section
B, four (4) questions in all.
SECTION A
1. “And fulfill every engagement, for every engagement will be enquired into the day of
reckoning” (Quran 17:34). Examine this verse of the Holy Quran with particular reference to
the major elements of a valid contract (Al-aqd) under the shariah or Islamic Law.
2. Certain conditions have been laid down for the validity of an agency under the shariah, such
conditions permeate the three essential elements of an agency that is, the principal, the agent
and the subject matter. Discuss.
3. Write critical notes on the following:
(a) Kinds of agency (Al-wikalah) under the Islamic Law
(b) Terminate of agency (Al-wikalah) under the Islamic Law
4. The contract of sale under the Shariah means the delivery of a definite object which possess
legal value in exchange for something equivalent in value called the price. Discuss and
identify the major prohibited transactions under the shariah.
SECTION B
5. Under the Sharia, a marriage (nikah) is a civil contract (al’aqd) and nonce the contract is validly
constituted, no religious ceremony (walimah) is mandatory to validate the contract. Discuss the
essentials of a valid Islamic marriage as well as the non-essential requirements.
6. The Islamic Banking system is essentially different from the conventional Banking system in
many respects; state the three basic principles underlying Islamic finance transactions generally
as well as the fundamental differences between Islamic Banks and the Conventional Banks.
7. Today in Nigeria there is Jaiz, Bank Plc, an Islamic Bank with a full operational license to open
branches across the Federal like every other conventional banks in the country, discuss the
historical milestone of the practice and development of Islamic Banking system in Nigeria.
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Instruction: Answer Four (4) Questions in all. TWO questions from each sections
Time Allowed: Three (3) Hours
SECTION A
1. “Women’s rights day was celebrated all over the world on the 8/3/2016 and there were lot
of gory tales about women’s rights abuses all over the media. Women are human beings
and by virtue of which they are entities to the rights accruable to men because they are
humans. Therefore, the existing human rights instruments both national and international
should have adequately taken care of women. I see the agitation of women for separate
human rights as asking for too much. A case of extra rights, you might say. Haba!”
Engage this statement comprehensively. (17.5 marks)
2. `Human Rights doctrines and principles are just ideas and utopian. They are just
benchmarks turked away in statute books to be used as a point of reference by governments
in their rhetoric. Discuss (17.5 marks)
3. The world we live in now is bedeviled with one disaster or the other, whether natural or
manmade. The most common however, is armed conflict of different categorization and
magnitude. Conflicts are however inevitable in a society, and at times, they escalate to
armed conflicts. If countries or group within a country must fight, they must fight honorably
in accordance with the law governing war. In other words, if you must kill, kill nicely.
Examine the above statement critically
SECTION B
4. The African Charter has been described as a unique document among the existing
international instruments on human rights because it represents the African concept of
rights.
5. Examine the role of non-Governmental Organizations (NGOs) in Nigeria. What influence
have they conferred on the preservation and enforcement of human rights?
6. Critically evaluate the right to Human Dignity in Nigeria.
7. A radical innovation of the 1999 Constitution of the Federal Republic of Nigeria is the
insertion of Fundamental Objectives and the Directive Principles of State Policy. Critically
assess section 16 which spells out its economic objectives in line with the current realities
in Nigeria.
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Section A
1. “And fulfil every engagement, for every engagement will be enquired into on the day of
reckoning” (Quran 17:34). Examine this verse of the Holy Quran with particular reference to
the major elements of a valid contract (Al-aqd) under the Shar;aj
2. Certain conditions have been laid down for the validity of an agency under the Shar’ah, such
conditions permeate the three essential elements of an agency that is, the principal, the agent
and the subject matter”. Discuss
3. Discuss the various ways by which agency (Al-wikalah) can be terminated under the
4. The contract of sale under the Shar’ah means the delivery of a definite object which possesses
legal value in exchange for something equivalent in value called the price”. Discuss and
identify the major prohibited transactions under the Shar’iah.
Section B
5. Although Islamic Banking was once regarded as a specialized back water of global banking, it
has since gained substantial strength as a formidable source of alternative financing in the
global financial market. Against the background of his assertion, explain the basic principles
underlying Islamic financial transactions generally, and also give an overview of the practice
and development of Islamic Banking in Nigeria.
6. Explain the source of fund it topic banking system as well as the basic differences between
Islamic and Conventional Baling systems.
7. Under the Shar’ah, a marriage (nikah) is a civil contract (al’aqd) and once the contract is validly
constituted, no religious ceremony (walimah) is mandatory to validate the contract. Discuss the
essentials of a valid marriage contract in Islam.
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SECTION A
1. “Legal education in Nigeria today presents complex problems of fundamental socio-political
and national interest. Given the fact that the future of the legal profession itself is related to
the quality of legal education today, the concerns for a better system of legal education cannot
have been more telling”.
In the light of the foregoing observations, briefly trace the history of legal education in
Nigeria; identify the significant milestones and institutions, and comment on the challenges
facing the system of legal education at this time.
2. “The History of the legal profession in Nigeria dates back to the period before the arrival of
the British at any of the territories which together now constitute Nigeria. But the profession
in its present form, comprising practitioners of the English type of law came into being in
1863, for in that year English law was introduced into the colony of Lagos and Courts were
established there.”
In the light of these observations, briefly trace the history of the legal profession in Nigeria,
identifying in the process the statutory provisions for admission to the Bar, the relevant
institutions and (in a summary form) the Rules of Professional Conduct in the profession.
3. “Jurisdiction is the pivot upon which the wheel of justice spins” Discuss
SECTION B
4. In our Statute books, the rules for resolving conflict of law problems between English and
native law are based on the “nativity”, “Nigerian” or “Nigerian “or “Nigerian
Comment with appropriate illustrations, making your own suggestion on how the rules should
be more practicable.
5. As relates to conflicts between two system of customary law, the choice has been between:
(i) Lex fori
(ii) Lex contractus
(iii) Lex loci delicti
(iv) Lex situs
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1. Legal profession in Nigeria has been very much associated with establishment of British of rule
in the country. A discussion of its history should therefore begin with a review of the process
in operation before the advent of the British by the middle of the nineteenth century. It the
difficult to appreciate the impact of the legal profession and of the British approach to justice
Nigerian Society unless one knows their antecedents… Sectional advocacy was however not a
feature of the traditional system of administering justice an “(Omoniyi Adewoye, The Legal
Profession in Nigeria 1865 -1962 (1977) Page 1
2. These observations in mind briefly DISCUSS the history of the history of the legal profession
in Nigeria.
3. Briefly the institutions and bodies concerned with call to the Nigerian Bar and the practice of
Law and
4. Comment briefly on the emerging trends in legal in legal practice, and the challenges they pose
to Nigerian Legal Practitioner.
Primary responsibility for the education of persons aspiring to the Legal Profession in Nigeria
rests Council of Legal Education. First established under the Section 1 of the Legal Education
Act. Basic training in law however takes place in the Universities. The Nigerian law School
provides requisite practical orientation for candidates who aspire to the Nigerian Bar. This is a
major increment on the system of legal education available to persons aspiring to be legal
practitioners 1962.
Challenges are, however still there to tackle. These include challenges of fall in standards and
adequacy of curricula to meet the realities of a changing world”.
USS< bringing out clearly the processes, structure and contents of legal education in
contemporary in, and the challenges posed to the Law Curriculum and legal Studies generally
by (i) tribalization, and (ii) Information Communication Technology.
Jurisdiction is the gravamen of the powers of a court. Engage this statement comprehensively
with statutory and judicial authorities.
Mr. Aberuagba contested the last Presidential Election in Nigeria on the platform of NNP. He
lost to Mr Salman Nagogo of the SUG party who won on a landslide victory as announced by
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the All Nigerian Electoral Commission (ANEC), Mr. Aberuagba however alleged all king of
improprieties and practices that went on during the elections. He alleged also a collusion and
or complicity of the INEC. He wants to take a legal action. He wants to know which court to
go to and the jurisdiction of a court. Advise him.
5. Mr. Showboy, author of Onilegogogoro” a best seller block buster, received a call from one
Aba that his book has been plagiarized under the title “Onilegagara” by Mazi Ndulue
Arondizogu. Mr. Showboy rushed to Aba just to discover that apart from the title which was
modified and the difference in publishers, every other thing was copied word for word. Mr.
Showboy is in dire need of a lawyer and he has approached you. Educate him on the court you
have chosen for him.
6. Mr. Ganiyu bought a piece of land in Eleyele area, Ibadan from Mr. Apampa. He clearance
and erected a fence around it. After one year, he started a building on the land. After building,
but just before he occupied it, a court process from the Federal High Court, Osogbo on him by
Mr. Olowolagba of No. 10 Ajekuwodo Street, Osogbo, Osun State of Nigeria. Ganiyu
claiming the land belongs to him. Mr. Ganiyu has approached you to defend him line of
defence by way of advice.
SECTION B
7. The multiplicity of laws in our lead system often presents a conflict of law problem process.
The court may be called upon to decide whether English or customary law as transaction.
Resolving such a conflict may be easier where the parties must be taken to have particular law
or the transaction itself may evince a nature unknown to the native law and the mere fact that a
transaction was reduced to writing is not conclusive of a determination by English law.
Comment on the above statement with relevant authorities, drawing out the rules for resolve of
law issues between English and Customary law in Nigeria.
8. In relation to internal conflicts between different system of Customary law, which is the in the
following cases and why? i.e:
a. Title to a landed property between Garuba Igbirra (Ebira) and (Kutigi (Nupe) before the
Court, Kwara State.
b. Custody of the only child between Ibrahim Gwarri and Maryam Okoromadu before the
Court after the dissolution of their marriage which was conducted at Asaba in 2011 Asaba
native law and custom.
c. Inheritance to the personal effects and estate of Stella Okalla who died intestate and Chief
Okikiolu before the Mapo Customary Court, Ibadan, Oyo State
9. (a) As a general rule any juristic person may maintain an action against another jurisdiction
non-juristic person cannot sue or be sued.
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Comment
(b) Write short notes on any two (2) of the following:
(i) Methods of instituting Criminal Trial
(ii) Factors to be consider in an application for bail
(iii) Importance of pleadings in civil procedure
(iv) Power of Arrest
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Instructions: Attempt five of the Questions out of which at least One Question must be chosen
from each
Time Allowed: Three (3) Hours
SECTION 1
1. “Nemo Judex in causa sua” Discuss the application of this maxim with the aid of decided
cases in Nigeria
2. Discuss the principle of ultra vires as a means of controlling legislative and executive
function.
SECTION 2
3. Examine in details circumstances in which citizenship acquired by Naturalization or
Nationalization can be forfeited.
4. Examine the law-making process under a military regime in Nigeria.
SECTION 3
5. Johnson and Josephine who are both student of the Axxephalia University intend to initiate a
legal action Against the Federal Government of Nigeria for the non-implementation of the
provisions of section 13-22 of the 1999 constitution of the FRN. As a legal consultant, what
legal advice would you proffer to them as to the successes or otherwise of their action? Does
the inclusion of these provisions in the constitution serve any meaningful purpose?
6. The Government runs on a tripod, with the aid of relevant authorities, what are the tripod and
comprehensively expatiate on the constitutional duties of these?
SECTION 4
7. With the aid of relevant statutory and judicial authorities, discuss the conceptual framework of
fundament rights in post-independence Nigeria.
8. Citing proper constitutional provisions, address the procedure for impeachment under the
Nigeria 1999 constitution. What, in your opinion, are the problems inherent in these procedures
and what likely reforms can be adopted?
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SECTION 5
9. (a) Discuss the meaning, history, scope, nomenclature and objects of the law making power of
the administration
(b) What are the legislative and judicial devices for controlling executive authorities in this
respect.
10. (a) Relying on at least, Four (4) judicial and statutory authorities, examine the meaning and
scope of a Prerogative writ commonly associated with the phrase `Let me have the body
whether dead or alive?
(b) Discuss the postulation of Lord Mansfield in relation to a writ for securing judicial
enforcement of a public duty?
(c) Educate your Examiner by citing Four (4) relevant judicial authorities on the application
of the writ you have identified in “b” above.
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INSTRUCTIONS:
a. Answer Four (4) questions in all, taking at least ONE question from each of the FOUR
Section
b. Answer question from Section A & B together in ONE Booklet, C and D in Another
SEPARATE booklet. (The respective sections should be boldly and clearly indicated on
each of the booklets use)
c. Time Allowed; Two Hours, Thirty Minutes (2 ½ Hours)
SECTION A
1. In some respects, Misrepresentation and Mere Puff appear similar but in terms of legal
effects, they are actually different phenomena. Discuss with relevant authorities.
2. There is no generally all – embracing redress for Misrepresentation. Obtainable redress
depends on the circumstances and context of each. Discuss comprehensively.
SECTION B
3. A Contact for the sale or disposition of an interest in land is required to be in writing for it
to be enforceable.
“…The Agreement upon which the action shall be brought or some memorandum or note
thereof shall be in writing and signed by the party to be charged therewith…”
How far have the courts applied this rule to illiterate in respect of Customary Law?
4. Bade won a contract for the supply of 30 swimming suits to Abacus University in respect
of NUGA Games. The goods were expected to be delivered latest 31st January 2013. When
the consignment was not delivered, Abacus University wrote to bade expressing a deadline
for delivery to be accepted at latest 14th February 2014, By 9:00pm on the 14th February
2014, Bade was able to deliver 28 (twenty-eight) swimming suit but Abacus University
rejected them and refused to pay.
(A) Is Abacus University discharge from the contract with Bade
(B) Can Bade sue for the price, at least based on quantum merit?
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SECTION C
5. Examine the concept of Mistake in the Law of Contract. What is the legal implication of
the concept in contractual relations?
6. There are many legal remedies available to a contractual party for a breach of contract;
these, however, do not include `self-help’. Discuss with relevant authorities
SECTION D
7. Since Tulk v Moxhay, further developments have been made to the exception therein laid
down. With the aid of case law, elaborate on the development, with it peculiar application
in the Nigerian legal jurisprudence.
8. Where special relationship is absent in a claim of undue influence, the burden of proof rest
on the claimant. Discuss.
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SECTION A
SECTION B
3. (a) Can silence or mere reticence constitute misrepresentation?
(b) Jangio Ramoni and Ganiu Fasasi are itinerant tailors working as a team. Their portable
sewing machine on shoulder, they arrived at Mozambique Hall Chorusing” are you meet
Geogio Armani and Gianni Versace, the world renowned millennium designers. Come and
see American wonders. “Miss Nayam, a sophisticated and Style – conscious law student gave
the two an expensive clothing material to sew for her. They ended up making an unbearable
contraption. Miss Nayam wants to sue for misrepresentation. With the aid of judicial
authorities, advise her.
4. “Where there is a special relationship, equity presumes the existence of undue influence rather
than the expected proof and will consequently set aside any such contract advantageous to the
party in a superior position to the other. The onus, therefore, is on the defendant to establish
that the agreement was free from undue influence” Discuss.
SECTION C
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5. “To being with, the understanding of the concept of mistake in common parlance differs from
what is at law. Much more, in relation to the effect of mistake and reliefs granted in consequence
thereof, equity and the common law respond differently in the event that mistake of the parties
is proven before the court.” Carefully examine this statement, with the aid of judicial
authorities.
OR
6. “Accord and satisfaction is the purchase of a release from an obligation whether arising under
contract or tort by means of any valuable consideration, not being the actual performance of the
obligation itself. The accord is the agreement by which the obligation is discharged. The
satisfaction is the consideration which makes the agreement operative” British Russian Gazette
and Trade Outlook Ltd v. Associated Newspaper Ltd. (1933) 2 Kb 616 at 643
Discuss, illustrating your answer with reference to relevant judicial authorities.
SECTION D
7. “The principle of the public policy is this: ex dolo malo non oritur action. No court will lend
its lead its aid to a man who found his cause of action upon an improper or illegal act” – per
Lord Mansfield in Holman v. Johnson (1775) 1 Cowp. 341,
(a) Comment fully on this statement
(b) Are there exceptions to this general statement?
OR
8. “Contracts prejudicial to the status of marriage are treated as merely void and not illegal”.
Discuss.
(b) Would your answer be different if such contracts are actually performed?
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DEPARTMENT OF PHILOSOPHY
OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE
B.A. PHILOSOPHY 2014/2015 RAIN SEMESTER EXAMINATION
PHL 204: INTRODUCTION TO SYMBOLIC LOGIC
TIME ALLOWED: 2 HOURS 30 MINUTES
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