CRIMINAL LITIGATION TASKS QUESTIONS ON CHARGES

SAMPLE QUESTIONS ON CHARGES

QUESTION 1

(a)           Incessant robbery incidents are a common features of our urban
                centres. After a robbery incident in the early hours of Wednesday
                November 4, 2015 at Liberty Street, Ikeja, Lagos, in which a night
                guard Marima Abule was killed by the robbers, residents of the neighbourhood
                mobilised and pursued the robbers. Two of them were apprehended
                at the intersection of Liberty and Peace Streets and were promptly
                set ablaze by the leaders of the residents. Thereafter, they pursued
                the other fleeing rogues to a house at No. 147 Peace Street (property
                of the gang leader, Rasco Clifford) and burnt it. The robbers
                and their families however managed to escape the inferno but were
                subsequently arrested by the police.

                Two days later, six members of the residents group that pursued the
                robbers were arrested by the police. They are:

(i)                   Chief Eze Joe;

(ii)                 Chief Olu Akin;

(iii)                Mallam Isa Bobu;

(iv)               Umoh Akpan;

(v)                 Jik Bekinbo; and

(vi)               Aper Adam.

After police investigation, the Hon. Attorney- General of Lagos State has decided to take these men to the Lagos State High Court for trial.

THE LAW

SECTION 211 CRIMINAL LAW OF LAGOS STATE 2011

Subject to the other provisions of this law, any person who causes the death of another, directly or indirectly by any means whatsoever is deemed to have killed that other person.

SECTION 213 CRIMINAL LAW OF LAGOS STATE 2011

It is unlawful to kill any person unless such killing is authorized, justified or excused by Law.

SECTION 219 CRIMINAL LAW OF LAGOS STATE 2011

                                                          

Any person who unlawfully kills another is guilty of the felony of murder or manslaughter, according to the circumstances of the case.

SECTION 221 CRIMINAL LAW OF LAGOS STATE 2011

Subject to the provisions of any other law, a person who commits the offence of murder shall be sentenced to death.

SECTION 339 CRIMINAL LAW OF LAGOS 2011

                                “Any person who wilfully and unlawfully sets fire or causes fire to any of
                                the following:

(a)             any building or structure, whether completed
        or not

(b)             any vessel, whether completed or not;

(c)     Any farm, a barn of agricultural product or any other property used as a business premises or any article of merchandise or other property used for trade or profession;

(d)     a mine, or the workings, fittings, or appliances of a mine;

(e)     any pipeline, cables, mast, towers or any urban furniture,

is guilty of a felony, and liable to imprisonment for life.

                                                       

SECTION 340 CRIMINAL LAW OF LAGOS 2011

Any person who-

(1)     attempts unlawfully to set fire to any property mentioned in section 339 of this law; or

(2)     willfully and unlawfully sets fire to anything which is so situated that any such property mentioned in section 339 of this law is likely to catch fire from it;

is guilty of a felony, and is liable to imprisonment for fourteen (14) years.

                                                       

SECTION 340 CRIMINAL LAW OF LAGOS 2011

Any person who negligently causes fire to any of the things mentioned in section 339 of this Law is guilty of a felony and is liable to imprisonment for seven (7) years.

               

QUESTION 2

                On November 20, 2014, at No. 20 Emir Street, Katsina, Yala
                                Ibrahim and Dodo Sule took a Sony T.V. set belonging to
                                their friend Idi Musa, sold it and shared the money. On
                                Musa’s return from his trip, he heard of the incident and
                                promptly sent word to his friends to return his set
                                immediately. On the evening of December 4, 2014, Musa
                                went to pray at the Central Mosque, Katsina, when mid way
                                through the session, Ibrahim and Sule burst in shouting and
                                insulting every worshipper.

In the midst of their action, Ibrahim slapped the Chief Imam (Alhaji Kuru) injuring him and together with Sule broke the main door of the Mosque. Both men were arrested and have appeared before His worship, Mallam Bitrus Anka (Chief Magistrate) who has decided to charge them accordingly.

                                Draft the charges.

THE LAW

SECTION 212 PENAL CODE

                                “Whoever voluntanly causes disturbances to any assembly lawfully engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment for a term which may extend to one year or with fine or with both”.

SECTION 309 PENAL CODE

                                “Whoever commits criminal misappropriation shall be punished with imprisonment for a term which may extend to two years or with fine or with both”.

SECTION 247 PENAL CODE

                                “Whoever, except in the case provided for by Section 245, voluntarily causes hurt, shall be punished with imprisonment for a term which may extend to three years or with fine or with both”.

SECTION 328 PENAL CODE

                                “Whoever commits mischief and thereby causes loss or damage shall be punished with imprisonment for a term which may extend to three years or with fine, or with both”.

QUESTION 3

Muazu Sule had been driving Alhaji Aminu Keffi
diligently for over five years. On August 21, 2014, Sule              was approached by one Ahmed Kwali (a Clerical staff of Alhaji Keffi’s) to remove a cheque leaf from Alhaji
keffi’s cheque book. The plan was that Kwali would
forge Alhaji’s signature on the stolen cheque leaf and
insert a figure thereon. They were to present the cheque
at his bank, Union Bank Plc, Wuse, Abuja, collect the
money and share it equally. Sule obliged and on
September 30, 2014, the cheque leaf was presented and
with it they collected the sum of N100,000.00. Two
days later, they were arrested and the Hon. Attorney-
General of the Federation has asked you, a principal
state counsel, to draft the charges.

 SECTION 96(1) PENAL CODE

“When two or more persons agree to do or cause to
be done”.

(i)            An illegal act; or

(ii)           An act which is not illegal by illegal means, such

                an act is called a criminal conspiracy.

SECTION 97(2) PENAL CODE

                                “Whoever is a party to a criminal conspiracy other
                                than a criminal conspiracy to commit an offence
                                punishable as aforesaid shall be punished with
                                imprisonment for a term not exceeding six months or

                                with fine or with both”.

SECTION 362 PENAL CODE

                                “A person is said to make a false document -

                                (a)           “Who dishonestly or fraudulently makes, signs,
                                                seals or executes a document.... with the
                                                intention of causing it to be believed that such
                                                document was made, or signed by the authority
                                                by whom he knows it was not made at a time at
                                                which he knows it was not made …..’.

SECTION 364 PENAL CODE

                                “Whoever commits forgery shall be punished with
                                imprisonment for a term which may extend to fourteen years
                                or with fine or with both”.

QUESTION 4

                On November 2, 2013, two commercial motor cycle riders
                (otherwise known as “Okada Riders”), Umaru Obi and Ehi Shehu
                (both carrying passengers) in a convoy manner, meandered
                recklessly and menacingly through traffic at the Julius Berger
                roundabout, Abuja. Their motorcycle registration numbers were
                XLI4 GWA and XD 35 KWL respectively. In the process, they went
                under a Mercedes 1414 truck with registration number XA 22 ABJ,
                driven by Mallam Abass Yaya, who was in fact oblivious of their
                antics because they went under from the rear of his truck.

One of the passengers, Miss Rose Ogun (driven by Obi) died on the spot. whilst Obi, Shehu and Mr. Joe Ejembi (driven by Shehu) all sustained injuries. Mallam Yaya was immediately surrounded by about fifty other Okada riders gathered in sympathy with their colleagues. He was badly beaten by them and was saved by the arrival of a team of Mobile Policemen. Three of the erring riders (Rex Bola, Ben Kio and Aliyu Garki) were arrested by the police. They are to be tried with Umaru Obi and Ehi Shehu at the Wuse Chief Magistrate Court, presided by His Worship, Mallam Sabo Suleja, Chief Magistrate Grade I.

Draft the charges.

THE LAW

SECTION 5, FEDERAL HIGHWAYS ACT, 1971

                                “Any person who causes the death of another person by the driving of a motor vehicle on a Federal Highway recklessly, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case ………… shall be guilty of an offence and liable on conviction to imprisonment for a term of seven years”

SECTION 6, FEDERAL HIGHWAYS ACT, 1971

                                “Any person who drives a motor vehicle on a Federal Highway recklessly or negligently, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case shall be guilty of an offence and liable on conviction to a fine of four hundred naira or to imprisonment for two years or to both such fine and imprisonment”.

SECTION 265, PENAL CODE

                                “Whoever assaults or uses criminal force to any person
                                otherwise than on grave and sudden provocation given by that
                                person, shall be punished -

                                (b)           If grievous hurt is caused to any person by such assault
                                                or criminal force, with imprisonment which may extend
                                                to three years or with fine or with both”

QUESTION 5

                At 7.00 p.m. on June 13, 2012, Alhaji Bala Baba was relaxing with his family at their home in No. 2, Hankuri Drive, Bauchi in Bauchi State. Their enjoyment was disturbed when Yaro Maiguard (their security man) was pushed into their living room by six tough looking men. Even though the men carried no arms, Yaro had been severely beaten. They intimidated Alhaji Baba and his family, threatening to pluck out their eyes if they made any noise. Thereafter, the men ransacked the entire house taking the sum of N550,000.00 from Alhaji Baba’s safe and assorted jewelry worth N1,000,000.00 from his wife Aisha’s room. When Aisha protested, the leader of the gang Abu Terror called her a cheap prostitute for amassing such an expensive stock of jewelry. On their way out, the robber taunted Yaro Maiguard and he hissed at them. He was promptly punched on his face by Abu Terror. The security man fell and died. All the erring men, namely Abu Terror, Yisa Kudu, Bashir Chad, Alli Gwa Gwa, Kolo Strong and Suleja Texas fled the scene. The following day at Park Hotel Bauchi, Yisa Kudu and Bashir Chad raped one Maimuna Amin. Her scream alerted neighbours who called in the Police and they were arrested. Police investigation also revealed the offences committed with their confederates the previous day.

                The Honourable Attorney-General of Bauchi State has directed that you (a Deputy Director of Public Prosecutions) should draft all relevant charges for use at their trial at the Bauchi High Court. Draft the charges.

THE LAW

SECTION 265 PENAL CODE

                                “Whoever assaults or uses criminal force to any person other
                                than on grave and sudden provocation given by that person,
                                shall be punished

(a)             with imprisonment for a term which may extend to one
        year or with fine or with both”.

SECTION 283 PENAL CODE

                        “Whoever commits rape shall be punished with imprisonment
                        for life or for any less term and shall also be liable to fine”

SECTION 297PENAL CODE

                        “When five or more persons conjointly commit or attempt to commit a robbery or where the whole number of persons conjointly committing or attempting to commit a robbery and persons present and aiding such commission or attempt amount to five or more, every person so committing, attempting or aiding is said to commit brigandage”.

SECTION 301PENAL CODE

                        “whoever commits brigandage shall be punished with
                        imprisonment for a term which may extend to fourteen yeas
                        and shall also be liable to a fine”.

SECTION 302 PENAL CODE

                        “If any one of five or more persons, who are conjointly
                        committing brigandage, commits culpable homicide punishable
                        with death in so committing brigandage, every one of these
                        persons shall be punished with death”.

SECTION 400 PENAL CODE

                        “Whoever intending to insult the modesty of any woman utters any word, makes any sound or gesture or exhibits any object, intending that such word or sound shall be heard or that such gesture or object shall be seen by such woman or intrudes upon the privacy of such woman, shall be punished with imprisonment for a term which may extend to one year or with fine or with both”.