Federal University, Oye-Ekiti

Criminal Law II – LPU 302

tutorial questions

1. a) Joseph and Janet met at a hip-hop club some time ago. After a courtship
which lasted 1 year, they got married in a society wedding in the presence of
both their families and friends. 5 months into their marriage, they started
having issues. They could hardly agree on anything. Soon they were having
shouting matches, and they have had physical altercation, in which their
neighbours in the adjoining flats have had to intervene.

One morning in February 2023, Joseph and Janet started another shouting
match which resulted in a physical altercation separated by their neighbours.
A few minutes after the fight, Joseph dressed for work. The neighbours heard
him talking on top of his voice saying, “ I am going to work. Janet don’t let me
meet you at home on my return. Please pack your things and go to your
parents. If I meet you on my return, either you or myself will die .”

At work on the same day, Joseph took his car to go to lunch. As he was
driving on the road, a lady crossed the road in front of Joseph’s car, and the
car hit her. She was unconscious. As passers-by were trying to revive her,
Joseph got out of his car and screamed, “ aaah… she is my wife.” Janet died
before she could be taken to the hospital.

The police have charged Joseph with the murder of Janet. Joseph has
requested you to defend him. Write a defence brief to guide you in the
conduct of the case.

b) Would your position be different if witnesses at the scene of accident told

the police, that Joseph had jumped red traffic light a few metres before the
scene of the accident?

2. Yohan left the night club on Saturday evening. Having had some drinks, he
was pressed to urinate, so he stopped his car by the roadside, and stepped a
few yards into the shrubs. Suddenly, he was overpowered by 2 men who
bundled him into his car and drove away. The 2 men blindfolded Yohan and
drove for about 8 hours before they stopped in the bush. It was night. They
took Yohan’s phone, and called his parents informing them that Yohan had
been kidnapped and that they would be contacted on what to do to secure his
release.

For several days, different people were calling Yohan’s parents. Negotiations
were started at N50million. Eventually, they settled at N20million. Meanwhile,
the police had been involved in the negotiations, which enabled them to trace
all the calls made. When the agreed ransom was to be paid, the police
discreetly covered the scene and succeeded in arresting the person who was
 collecting the ransom. The person confessed, and Yacoob and Johnson were
arrested. They have been charged with kidnapping. Advise them.

3. “I have not been referred to, and I have been unable to find, a reported case
on section 370 of the Criminal Code… I have not seen a prosecution under
this section.” – per Reed J., in R v Princewell [1963] NRNLR 54. Discuss, in
relation to the offence of bigamy.

4. The local government elections had just been concluded in the Eastern
Waterside Local Government. Chief Princewill and Mr. Okodua contested for
the Chairmanship of the Eastern Waterside Local Government. Chief
Princewill, the incumbent Chairman lost the election to Mr. Okodua.

As soon as the result of the election was announced, the supporters of Mr.
Okodua gathered and were singing victory songs around the neighbourhood.
On getting to the front of Chief Princewill’s house, the supporters stopped and
were dancing, their chants including words to the effect that “ a thousand
Princewill and their fathers can never defeat us even if they try for a
thousand years.” Chief Princewill came out of his house, and angrily asked the
crowd to leave. Instead of leaving, Okodua’s supporters increased the tempo
of the chant, dancing hysterically. Chief Princewill went back into his house.

10 minutes later, when the crowd did not leave, nor their dancing and singing
abated, Chief Princewill came out with a machete. He chased the crowd and
ferociously hit the leader of the supporters named Champion with his
machete. Champion died instantly.

Chief Princewill has been charged with the murder of Champion. In his
statement to the police, he indicated that he was provoked by the action of
Mr. Okodua’s supporters. The case has been passed to you as the Prosecutor.
Write a brief for your prospective conduct of the case.

5. The local government elections had just been concluded in the Area West
Local Government. Chief Abanise and Mr. Arijayo contested for the
Chairmanship of the Area West Local Government. Chief Abanise, the
incumbent Chairman lost the election to Mr. Arijayo.

In the weeks leading to the election, Mr. Arijayo had published his Manifesto
in a leaflet which he circulated widely. The Manifesto contained inter alia, the
following statement –
Be careful of yeye candidate like those contesting this election with
me. Their hands are fast, and they don’t care about people. Any
vote for people like that is to put our local government in the hands
of pirates.
2 years before the election, a public enquiry had been instituted to investigate
allegations of corruption and embezzlement in the affairs of Area West Local
Government when Chief Abanise was Chairman. The enquiry concluded that
 funds were embezzled, although Chief Abanise was not specifically mentioned
as being responsible. The report of the enquiry, which was published in
newspapers, had been submitted to the State Governor who was yet to
announce any action to be taken on the report of enquiry.

Chief Abanise was angry, believing that the Manifesto of Mr. Arijayo
contributed largely to his loss at the election. He decided to institute a legal
action against Mr. Arijayo in court. He has contacted you to represent him.
Prepare your brief on the possibility for success or otherwise, of any legal
action.

6. A) Waheed and John sat down to discuss how to break into the house of
Chief Amuludun agreeing to rob him of valuable possessions having heard
that he had cash in his home. They informed Sunmonu, (Chief Amuludun’s
driver) of their plan. Sunmonu agreed with their plan, indicating that he
would drive the getaway vehicle, and that he would dropp them off very close
to Amuludu’s house. They all agreed to carry out the operation on the
evening of 20 June 2023.

On 20 June at 9.00pm, Sunmonu dropped off Waheed and John close to

Chief’s house as planned, and as Waheed and John were about to storm the
house, Awelewa, the Chief’s daughter who was also John’s coursemate at the
university was about entering the house. John insisted that the operation
must be aborted, and be shifted to the following day.

On the following day, Sunmonu had to run errand for Chief Amuludun, hence,
he informed Waheed and John that he would not be able to join them. At
6:10pm on that day, Waheed and John broke into the house of Chief
Amuludun. They ransacked the house and packed valuables including jewelry,
cash and electronics gadgets worth over N12million. As they were leaving,
Awelewa, Chief Amuludun’s daughter came into the living room and seeing
her John drew a gun and shot her. She died instantly. Waheed and John fled
the scene of crime.

A few weeks later, the police arrested Waheed and John, who informed the
police that Sunmonu was paret of the gang. Waheed, John and Sunmonu
have been charged with the offences of Burglary and murder. Discuss the
criminal liability of each of them.

B) Would your answer be different if Waheed and John had agreed that they
would not carry a firearm for the operation.
7. Darasin and Mabinuori were rivals courting the affection of Miss Pepperless, a
beautiful lady in the nighbouhood. Darasin had warned Mabinuori severally to
leave the lady as he would go to any length to ensura that Pepperless
belonged to him. One evening, Darasin and Mabinuori met in from of
Pepperless house and a fight ensued. Darasin beat Mabinuori black and blue
until he fell unconscious. The people around called the police and Darasin ran.
Turning the corner, he heard sirens and saw a police van approaching. He
quickly jumped over the fence of a house nearby and entered an apartment,
telling the occupant, Madam Dogood that police were chasing him for an
offence he knew nothing about. Madam Dogood, went out to look at the
street, and when she was sure that the street was clear, she allowed Darasin
to leave.

The Police have contacted you for advice on the criminal liability of Darasin
and Madam Dogood. Discuss with the decided cases the offences you would
recommend that they be charged, and their liability.

8. Fasthand, a staff of All Goods Store, came to the Store in the night and
succeeded in raiding the backroom office where goods had delivered pending
display on the shop floor. He took way bales of voile and brocade materials
worth N4million. He took half of the loot to Monday, the owner of Quick
Merchant Enterprises offering them N500,000 only. Monday paid and collected
the goods immediately put them in his shop.

Firsthand took the remaining half of the loot to Madam Onechance, indicating
that due to slow sales, his employers had asked him to look for buyers for the
items. After a lengthy negotiation, Madam Onechance agreed to pay
N1.7million for the items.

After thorough investigation, All Goods Store found out that Firsthand was
responsible for the loss of the goods. A report was made to the police.
Firsthand disclosed how the goods were disposed. The police has arrested
Fasthand, Monday, and Madam Onechance, and charged them with the
offences of stealing and receiving stolen property. Discuss their criminal
liability.

9. “It is important to state from the outset that the onus to prove that the
accused person caused the death of the deceased is always on the
prosecution, and that it is not considered sufficient evidence to show that the
 accused did an act or made an omission which could have caused the death
of the deceased” - Nasiru v The State (2016) LPELR-41806 (CA). Discuss.

10. A) For self defence to avail on a charge of murder, the accused must not be
the aggressor. He should have acted in good faith, without a premeditation to
do the victim more harm than necessary. Discuss

B) Stockyman, a 6-foot body-builder was befriending Mrs. Covet, the wife of

Mr. Gentle Covet. Stockyman often goes to the Covets home when the
husband is out of town. Hearing that Mr. Covet had travelled again,
Stockyman came to the house to meet Mrs. Covet. Mr. Covet who forgot
something at home came back, and on opening the door to the bedroom
found his wife and Stockyman in the throes of romance. Mr. Covet rushed to
attack Stockyman. Stockman dodged the attack and grabbed a chair which he
banged on Mr. Covet’s head. Mr. Covet fell and died in the hospital a few days
later.

Stockyman has been charged with murder. He said he acted in self defence.
Discuss his criminal liability.

11. Akinrohunmu is the Manager of All Things Easy Limited, a company engaged
in buisiness consulting on government transactions. Akinrohunmu approached
Chief Moneydey informing him that his company had been appointed by the
government to sell 3 choice plots of land at N57.5million each. In reality, All
things Limited was only given a contract to find surveyors to survey the said
plots of land. Chief Moneydey paid N57.5million to Akinrohunmu for 1 plot of
land. Akinrohunmu has been promising to obtain the title documents for the
land for over 6 months. Not able to wait any longer, Chief Moneydey visited
the Department of Lands where he was told that the government gave no
mandate to All Things Easy Limited to sell land. Chief Moneydey reported the
matter to the police. The police arrested Akinrohunmu. The file has been
passed to you for prosecution. Write a brief of the charge, and your
arguments to secure conviction.

12. A) Corruption is the bane of progress of the Nigerian society, which must be
stopped if Nigeria is to develop. With the aid of decided cases, discuss the
offence of corruption in the Criminal Code Act.

B) The Independent Corrupt Practices and Other Related Offences Act 2000
created a Commission to inter alia “educate the public on and against bribery,
corruption and related offences.” Which Commission did the Act create?
Discuss the duties of the Commission, and the offences which it is
empowered to prosecute under the Act.