June 2024 Bar Final Resit Marking Scheme

NIGERIAN LAW SCHOOL
BAR FINAL EXAMINATION JUNE 2024 RESIT MARKING SCHEME

PROPERTY LAW PRACTICE1
SECTION A
QUESTION 1 (COMPULSORY)
a) i. The transactions in the scenario are; sale of land and sublease. The parties and their
designation are;
For the sale of land, Kabiru Fredrick is the Vendor/Assignor, while Adaeze Folusho is the
purchaser/assignee. For the sublease/Tenancy; Kabiru Fredrick is the Sub-lessor/Landlord
while Engr. Oreni Aribidesi is the Sub-lessee/Tenant.
ii. The laws that will regulate the sale of land include:
1. Land Use Act, 1978
2. Property and Conveyancing Law, 1959
3. Stamp Duties Act, 2004
4. Evidence Act, 2011 as amended.
5. Case laws
The laws that will be applicable in the sublease/Tenancy are:
1. Tenancy Law of Lagos State, 2011

2. Land Use Act, 1978
3. Stamp Duties Act, 2004
4. Rules of Professional Conduct for Legal Practitioners, 2007
5. Evidence Act, 2011 as amended.
iii. The instruments or documents the parties will execute in each of the transaction is; for the
sale of land is Sale of Agreement/Deed of Assignment. For the Sublease/Tenancy; Tenancy
Agreement or a Lease Agreement.
b) i. I will advise the parties that one of the essential elements of a valid lease or tenancy is that
it must have a definite date of commencement; UBA PLC v Tejumola & Sons. Therefore, if
there is no date of commencement, the lease will not be valid. However, Kabiru can still
enforce the lease by an action in court for an order of specific performance and to recover the
rent.
ii. The other essential elements of a valid lease include:
1. Certainty of parties; parties must be clearly described and must be juristic persons.
2. Certainty of property
3. Exclusive possession to the lessee
4. Proper mode of creation of the lease.
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c) i. I will advise the parties that there is need for perfection of the sale of land. This is because
for every sale of land to be valid, the deed of assignment must be stamped and registered and
governor’s consent obtained. Failure to do so would render the transaction void or inchoate
and will affect the authenticity of the title acquired by the purchaser; Abdullahi v Adetutu;
section 22 of the Land Use Act.
ii. The procedure for perfection of the transaction is to apply and obtain governor’s consent
in the prescribed form, stamp the deed at the stamp duties office and then register the title at
the land registry.
iii. Generally, it is not advisable for one solicitor to act for both parties in a single transaction
in other to avoid conflict of interest; Rule 17 Rules of Professional Conduct 2023. However,
one solicitor may act for both parties if:
1. Where both parties consents to it.
2. Where the title to the property is sound; i.e. vendor has good root of title.
3. Where there is no likelihood of conflict between the parties (for example; relatives or
persons with existing relationship).
4. Where the transaction is of no serious legal consequence or the consideration is small.
5. The terms has been clearly agreed upon.
Therefore, where any of the conditions above are available, it will be appropriate to act
for both parties.
d) Introduction clause:
THIS DEED OF ASSIGNMENT MADE THIS………..DAY OF……….2022 BETWEEN;
KABIRU FREDRICK OF NO 42 CASBAT AVENUE, ABAKALIKI, EBONYI STATE
(ASSIGNOR) OF THE ONE PART AND ADAEZE FOLUSHO OF NO………………
(THROUGH HER LAWFUL ATTORNEY PRINCESS DORWURA OF NO…………),
(ASSIGNEE) OF THE SECOND PART2;
WHEREAS:
i.
ii.
Execution Clauses:
Signed, Sealed and Delivered by the within named:
……………………………….
Kabiru Fredrick (Assignor)
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…………………………………
Adaeze Folusho (Assignee), through her lawful Attorney Princess Dorwura by virtue of a power
of attorney dated………….and registered as Number…….Page……Volume…..at the Land
Registry.
QUESTION 23
a. i. The tax Mallam Audu Sambo is expected to pay is the Capital Gain Tax.
ii. Calculation of CGT
Solution: 10% of Gain.
Gain = Selling Price – Allowable deductions:
Allowable deductions:
N
Cost price: 33, 000, 000.00
Renovation: 500, 000.00
Advertisement: 100, 000.00
Landscaping: 50, 000.00
Legal fees: 10, 000, 000.00
Total: 43, 650, 000.00
Gain = N100, 000, 000 – N43, 650, 000 = N57, 350, 000
CGT = 10% of 57, 350, 000 = N5, 735, 000.00
b. i. The taxes the purchaser will pay to perfect his title include;
1. Stamp duties;
2. Registration fees and
3. Consent fee.
ii. The documents required for perfection of the title includes:

1. Evidence of payment of the prescribed fee.
2. A copy of the survey plan
3. Current tax clearance certificate of the two parties.
4. In the case of a developed property, there shall be a requirement for the building
plan.
5. Six (6) copies of the Deed of Assignment.
6. Evidence of up to date payment of ground rent and legal charges.
7. A Certified True Copy (CTC) of the assignor’s land document obtainable from the
Lands registry.
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c. i. Generally, a legal practitioner is entitled to charge and be paid adequate remuneration that is
proper and fair and not excessive for his legal services. This may be in line with the scale of
charges or percentage basis. In the instant case, there was nothing wrong with the fees charged
by Nath Atafo which was based on percentage of the total sum.
ii. A legal practitioner may charge the following fees:

1. Scale fee
2. Percentage fee
3. Contingency fee
4. Hourly rate fee
5. Appearance fee.
Nath Atafo ought to have charged Scale fee.
d. The five ethical duties Nath Atafo owes the client in the transaction include:
1. Duty to avoid conflict of interest
2. To represent the client with devotion and dedication
3. To represent the client competently and diligently
4. To accept the brief of the client and
5. Duty to keep the confidence of the client; Rule 17, 14, 16, 21 and 19 of the Rules of
Professional conduct 2023 respectively.
QUESTION 34
a. The difference between sale of land and lease is as follows:
1. Sale of land involves transfer of title absolutely while lease involves transfer of only
possession.
2. Sale of land involves payment of purchase price while lease involves payment of rent.
3. In sale of land, there is no reversionary interest but in lease, the lessor has a reversionary
interest.
4. Sale of land must be by deed while may or may not be by deed depending on the term
of years.
5. In sale of land, the parties are referred to vendor/assignor and purchaser/assignee while
in lease the parties are referred to as Landlord/lessor and Tenant/lessee.
b. First two clauses of Power of Attorney:

BY THIS POWER OF ATTORNEY made this………..day of………2022, WE, ABIOLA
JOHN and FOLAKE TUNDE both of No 13 Joe Close, Epere, Yenagoa, Bayelsa State
(Donors) of the one part DO HEREBY appoint MR. BENJAMIN CHOLLOM of No 18 Chic
Street, Abak Road, Uyo, Akwaibom State (Donee) to be our true and lawful attorney;
TO DO on our behalf and in our names as we may lawfully do the following:
Last two clauses: (execution and attestation)
Signed Sealed and Delivered by the within named Donors:
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…………………………………
Abiola John and
…………………………………..
Folake Tunde
IN THE PRESENCE OF:

Name……………………..
Address…………………..
Occupation……………….
Signature…………………
c. The advantages of investigation of title is as follows:

i. To ascertain whether the vendor has a good root of title.
ii. To discover patent defects on the land which physical inspection will reveal.
iii. To ensure that the vendor’s title is clearly registered.
iv. To avoid future disputes5.
v. To avoid the application of constructive notice.
vi. To ensure that the land is not subject to any pending dispute.
vii. To ensure that the requisite consents or authority were obtained in the case of family or
communal land.
d. One solicitor can act for both parties in a property transaction in any of the following cases:
1. Where both parties consents to it.

2. Where the title to the property is sound; i.e. vendor has good root of title.
3. Where there is no likelihood of conflict between the parties (for example; relatives or
persons with existing relationship).
4. Where the transaction is of no serious legal consequence or the consideration is small.
5. Where the term of the contract had been fully negotiated and agreed upon by the parties
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SECTION B
QUESTION 4 (COMPULSORY)6
i. The advantages of making a will includes:
1. It excludes or limits the application of customary rules of inheritance.
2. A testator can appoint trusted persons to manage his estate.
3. A valid will confers authority on the executors to act immediately following the
death of the testator.
4. It ensures positive display of the wishes of the testator.
5. It is easier to obtain probate because a grant of letter of administration involves
additional expenses of bonds and sureties.
6. It allows the testator to choose his intended beneficiaries.
ii. If the testator forgot to include the shares in his will, what will happen to it depends on whether
or not there is a residuary clause in the Will. If there is a residuary clause, the shares will be
transferred to the residuary legatees but if there is no residuary clause, the executors will apply
and obtain letters of administration to be able to administer the shares.
iii. If there is no residuary clause on the will, it will lead to partial intestacy. This means that only
the part of the estate expressly stated in the will that would be administered with probate while
the remainder would be administered with letters of administration.
iv. The implication of her daughter (who is also a beneficiary) signing the Will as a witness is that,
the gift made to her in the Will is going to fail; section 15 Will Act, section 8 Wills Law, Lagos.
v. My advice is as follows:
‘One of the ways to revoke a Will is by the testator destroying the Will or instructing a third
party in writing to destroy the Will in his presence; Re Dadds, section 20 Wills Act. However,
for the destruction to be valid, it must be complete destruction coupled with the animus revocandi
(intention to revoke); Perkes v Perkes. In the instant case, the purported revocation (by tearing
the will into five pieces) is not valid because it was neither a complete destruction nor was it
done on the instruction and presence of the testator’. Therefore, the Will is still valid.
vi. The duties of a solicitor in preparing a Will includes:

a. To avoid conflict of interest, Rule 17 RPC.
b. To prepare the will with devotion and dedication, Rule 14 RPC.
c. To keep the secret or confidence of the testator, Rule 19 RPC.
d. To act competently and with diligence; Rule 16 RPC
vii. THIS IS THE LAST WILL AND TESTAMENT OF MR PATRICK BASSEY OF NO. 17
GWARIMPA NEW EXTENSION, FCT, ABUJA MADE THIS……….DAY
OF………….2022
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QUESTION 57
a) The particulars I will obtain from John Bull includes:
1. Name and address of the parties.
2. Particulars of the property.
3. Term of years to be granted.
4. Date of commencement and determination of the lease.
5. Covenants and clauses in the lease
6. Amount to be paid as rent.
7. Particulars of the witnesses.
b) I will advise John Bull that, if there is no provision on subletting in the lease, the lessee
will be at liberty to sublet the premises or any part thereof without the consent of the
lessor.
c) If I am counsel to Nanda Zwandor, I will ensure that she remained in the property at the
end of the term by including an option to renew clause in the lease agreement. This will
ensure that she can be granted a new term at the end of the current term.
d) I will advise her to enter into a formal contract for the following reasons;
i. The purchaser protects himself by having more time to investigate the title being
transferred before the execution of the deed of conveyance.
ii. The death of either party to the transaction does not terminate the contract as their
personal representatives can proceed with the transaction and complete the sale –
Yusuf v. Dada.
iii. None of the parties can withdraw from the contract midstream without being liable
for breach of the terms of the contract.
iv. The terms of the contract having been expressly agreed to, the position and rights of
the parties are express and not implied.
v. Fixtures and fittings may be transferred under a formal contract and it reduces the
amount payable as stamp duty.
vi. The vendor cannot unilaterally and subsequently increase the purchase price since
this has already been fixed in the contract. Therefore, it prevents gazumping of
price.
e) NOW THIS DEED WITNESSES AS FOLLOWS:

In consideration of the sum of N50, 000, 000.00 (Thirty Million Naira) paid to the Assignor
by the Assignee (the Receipt of which the Assignor hereby acknowledges), the Assignor
as a BENEFICIAL OWNER assigns ALL THAT Rayfield Road, Jos, Plateau State
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covered by a Certificate of Occupancy No. 59/59/2010A and more rightly described in the
Survey plan to be prepared by a licensed Surveyor attached to the Schedule with all rights,
easements and appurtenances TO HOLD unto the Assignee as holder of a Statutory right
of Occupancy for the term unexpired on the Certificate of Occupancy.
f) Testimonium:
IN WITNESS OF WHICH THE PARTIES HAVE EXECUTED THIS DEED IN THE
MANNER BELOW THE DAY AND YEAR FIRST ABOVE WRITTEN
Execution Clauses:
……………………………….
John Bull (Assignor)
IN THE PRESENCE OF:

Name……………………..
AND
…………………………………
Nanda Zwandor (Assignee)
IN THE PRESENCE OF:
Name……………………..
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QUESTION 68
i. The contents of the bill of charges are:
1. Letter head of the lawyer;
2. Address of the client;
3. Title;
4. Brief introduction;
5. Details of the work done and the total amount;
6. Reference to the time limit for payment and the mode of payment.
7. Conclusion/complimentary close.
ii. (a) I will advise him that the only thing that will lead the bank to sell the security is that the
power of sale has arisen and has become exercisable.
For the power of sale to arise, the mortgage must have been created by a deed; there must be
no contrary intention against sale in the mortgage deed and the legal due date, (which is the
date of redemption/repayment of the mortgage) must have passed: Section 19(1) CA, section
123 PCL, NHDS Ltd. v. Mummuni
The power becomes EXERCISABLE when any of the three conditions in section 20 CA and
125 PCL is satisfied, which is that:
1. Default of payment of the principal sum of which a written Notice to the mortgagor
to pay the loan sum had been served on him and after a period of 3 months he is
still in default, or
2. The interest sum are in arrears (default) of which 2 months’ notice has been served
and the mortgagor still does not pay, or
3. There has been a breach of any covenant other than the covenant to pay the
principal sum and interest in the mortgage deed or under the statute i.e. the CA or
the PCL. See Okafor & Sons Ltd v NHDS Ltd.
(b) A sale of the property used as security may be set aside by the court on the following
grounds:
1. That the mortgagor has no good title ab initio;
2. There is fraud/collusion between the mortgagee and the purchaser; Okonkwo
v CCB, ACB v Ihekwoba
3. That the right of sale has not arisen when the property was sold.
4. That the sale was made after payment of the out-standing mortgage sum.
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iii. The instrument is a Power of Attorney: Draft:
BY THIS POWER OF ATTORNEY made this ……. day of ……20…., I, Engr. Mukhtar Ali of
No. 63 Leaders Avenue, Kaduna, Kaduna State, (DONOR), HEREBY appoint Wataj Estate
Affairs Limited, a corporate body registered in Nigeria with its registered address
at…………………… (DONEE), to be my true and lawful Attorney and in my name and on my
behalf, to do all or any of the following acts or things, namely:
1. To purchase the property known as Plot 86 Unity Road, Jos, Plateau State;
2. To execute all documents in pursuance to the said purchase;
AND TO DO ALL THINGS necessary and incidental to the powers conferred above as I may
lawfully do.
AND I DECLARE that this Power of Attorney shall be irrevocable for a period of twelve months
from the date written above.
IN WITNESS of which the donor have executed this Power of Attorney in the manner below the
day and year first above written
SIGNED, SEALED AND DELIVERED by the above named Donor
...............................................................
Engr. Mukhtar Ali
IN THE PRESENCE OF:

Name: ...............................................................
Address: ...............................................................
Occupation: ...............................................................
Signature: ..............................................................
iv. Letter to Engr. Mukhtar

BASSEY OLAKUNLE & CO9
BARRISTERS AND SOLICITORS
NO. 15 LOKOJA STREET, KADUNA,
KADUNA STATE
Tel: +2347064588331; [email protected]
30th September, 2022.
To:
Engr. Mukhtar Ali,
No. 63 Leaders Avenue, Kaduna,
Kaduna State.
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Dear Sir,
PROCEDURE FOR THE PURCHASE OF NO 46 QUEENS DRIVE BENIN-CITY, EDO

STATE
I write in respect of the above subject matter following your request for a guide as to the
procedure to acquire a valid title to the property above described.
The procedure/stages to be followed for the purchase of the property above:
1. Pre-contract Stage: which involves preliminary enquiries about the property and
negotiation of price.
2. Contract Stage: which involves preparation of formal contract of sale and exchange of
contract to create a binding obligation pending completion.
3. Post contract Stage: which involves deducing of title by the vendor or his solicitor and
investigation of vendor’s title by the purchaser or his solicitor.
4. Completion Stage: which involves the preparation and execution of the deed of assignment
and transfer of title documents to the assignee, including payment of any balance of the
purchase price.
5. Post Completion Stage: which involves perfection of the deed of assignment by obtaining
the governor’s consent, stamping and registration of the deed of assignment10.
If you require further clarifications on the above procedure, do not hesitate to contact us. Thank
you for your candid patronage.
Yours faithfully;
………………………..
Bassey Olakunle;
For: BASSEY OLAKUNLE & CO
v. Draft concluding part of the deed of assignment:

IN WITNESS OF WHICH the parties have executed this Deed in the manner below the day and
year first above written.
SIGNED, SEALED AND DELIVERED,

By the Assignor
…………………………
Elder Remi Ariko
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IN THE PRESENCE OF11:
Name:
Address:
Occupation:
Signature:
Date:
SIGNED, SEALED AND DELIVERED,

By the Assignee
…………………….
Engr. Mukhtar Ali (through his lawful Attorney Wataj Estates Affairs Ltd. by virtue of a power of
attorney dated………….and registered as Number…….Page……Volume…..at the Jos Land
Registry.
IN THE PRESENCE OF:

Name:
Address:
Occupation:
Signature:
Date:
vi. Draft the introductory part of a deed of lease:
THIS DEED OF LEASE made the ………day of ….. 20…; BETWEEN Elder Remi Ariko of
No. 82 Berry Road, Akure, Ondo State (‘The Lessor) on the one part AND Engr. Mukhtar Ali of
No 63 Leaders Avenue, Kaduna, Kaduna State, (‘The Lessee’) on the other part.
WHERE AS:
i.
ii.
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MARKING SCHEME BAR FINAL RE-SIT JUNE 202412
CRIMINAL LITIGATION
QUESTION ONE (COMPULSORY)
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
CHARGE NO.................
BETWEEN:
THE STATE OF LAGOS…………………………............................COMPLAINANT
AND
1. CARICA PAPAYA
2. DONARUMMA SANGOTEDO
3. KAYAPATA NAPOLEON
4. MOSUNDA AKAYAMA…………………………………………….DEFENDANTS
At the session holding at the High Court of Lagos State on the _____ day of______2024, the Court
is informed by the Hon. Attorney-General of Lagos State on of behalf the State that:
1. CARICA PAPAYA
2. DONARUMMA SANGOTEDO
3. KAYAPATA NAPOLEON
4. MOSUNDA AKAYAMA: are charged with the following offences:
COUNT ONE:
STATEMENT OF OFFENCE
Murder contrary to section 223 of the Criminal Laws of Lagos State 2015
PARTICULARS OF OFFENCE
Carica Papaya, Donarumma Sangotedo, Kayapata Napoleon and Mosunda Akayama on the 25th of
January, 2022 at No 30 Kabaka Close, Orekpo, Ikorodu, Lagos State within the Lagos Judicial
Division killed one Owenoma Asari.
COUNT TWO
Murder contrary to section 223 of the Criminal Laws of Lagos State 2015
Division killed one Popoola Rex.
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COUNT THREE13
Armed Robbery contrary to section 297(2) (a) & (b) of the Criminal Laws of Lagos State 2015
Division while armed stole the sum of $20,000 (Twenty Thousand United State Dollars) belonging
to Rex Popoola.
COUNT FOUR
Armed Robbery contrary to section 297(2) (a) & (b) of the Criminal Laws of Lagos State 2015
Division while armed stole two Silver coloured Apple wrist watch valued at N900, 000.00 (Nine
Hundred Thousand Naira) each, belonging to Owenoma Asari.
DATED THE …………… DAY OF …………………2024

……………………………………
SHEHU OKEKE
PRINCIPAL STATE COUNSEL
FOR: ATTORNEY-GENERAL OF LAGOS STATE
QUESTION 1(b)
The post amendment procedure is as follows:
1. The amended charge must be read and explained to the defendants for them to take a fresh
plea–Youngman v. C.O.P, Okosun v. State.
2. The court must endorse a note of the order of amendment on the amended charge; C.O.P
v. Alao
3. The court must ask the defendants whether they are ready to proceed with the trial on the
amended charge otherwise the court will grant them an adjournment if, in the opinion of
the court, proceeding immediately with the trial would prejudice the trial. Gokpa v. IGP
4. The court must permit the defendant or the prosecution to recall any witness who had
testified, or call new witnesses with reference to the amendment; Sections 217(1) & 218
ACJA, 156 & 157 ACJL; Adisa v. A-G Western Nigeria
1(C). Yes, my answer will be different. Where a charge was amended before arraignment, no
special procedure or steps is required to be taken.
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QUESTION TWO (OPTIONAL)14
A. Death sentence: ‘The sentence of the court upon you is that you be hanged by the neck
until you are dead or by lethal injection’; section 402 Administration of Criminal Justice
Act, 2015
B. The sentence imposed on the 1st defendant was proper while the sentence passed on the
3rd defendant was not proper. This is because;
1. In respect of the 1st defendant, where a woman found guilty of a capital offence is
pregnant, the sentence of death shall be passed on her but its execution shall be
suspended until the baby is delivered and weaned; section 404 ACJA
2. In respect of the 3rd defendant, where a defendant who has not attained the age of 18
years at the time of the offence is found guilty of a capital offence, the court shall not
pronounce or recor the sentence of death for him but rather the court shall sentence
the child to life imprisonment; section 405 ACJA
C. The grounds for making a no case submission includes:
1. When the prosecution has failed to prove an essential element of the each alleged
offence.
2. When the evidence adduced by the Prosecution has been so discredited during cross-
examination and rendered unreliable;
3. When the evidence of the prosecution is so manifestly weak that no reasonable Tribunal
or Court can safely convict upon it; Emedo v. State; Ibeziakor v. COP.
4. Where there is no evidence linking the defendant with the commission of the offence
charged; Mohammed v. State; Ekwunugo v. FRN
5. Any other ground upon which the court may find that no prima facie case requiring the
defendant to answer has been established; section 303(3) ACJA.
D. The options In opening the case for the defence, the defendant has three (3) broad options;
i. He may make a No Case Submission, section 303(1) ACJA.
ii. He may rest his case on the prosecution’s case.
iii. He may choose to enter upon or open his own defence.
E. The position of the law is that an application for stay of proceedings in respect of a criminal
trial before the court shall not be entertained; section 306 ACJA. Therefore, the application
for stay of proceedings in the above scenario was not proper.
F. When a defendant pleads not guilty by reason of the insanity, the duties of the court are:
1. To investigate if any offence was indeed committed;
2. If it was the defendant that committed the offence and,
3. If the defendant committed the offence while sane of while insane.
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QUESTION THREE (OPTIONAL)15
A. An ordinary statement is an extra judicial statement made by a defendant during
investigation merely stating what he knows about the alleged offence while a confessional
statement is an admission made at any time by the defendant stating or suggesting the
inference that he committed the alleged crime; section 28 Evidence Act 2011 as amended.
B. Yes, Kainji Badaba can make a statement from the witness box. This is because, a
defendant standing trial is a competent witness for the defence; section 180 Evidence Act.
The implications of making a statement instead of testifying is that,
i. The defendant will be sworn on oath or affirmation.
ii. He will not be cross examined.
iii. The court will attach little or less weight to the statement.
C. Munak’s confessional statement is admissible. This is because, he merely retracted the

confessional statement by stating that it was doctored. Therefore, the court will admit the
statement and determine the weight to attach to it at the end of the trial; Ikposa v A.G
Bendel State, Adamu v State.
D. No, the statement will not be admitted. This is because, the confessional statement would
be deemed to have been made involuntarily which is not admissible; section 29(2)
Evidence Act. The court is required to conduct a trial within trial to ascertain whether the
statement was obtained voluntarily; Mohammed v State.
E. Counter affidavit in opposition to bail application:
IN THE FEDERAL HIGH COURT OF NIGERIA

IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
CHARGE NO………..
MOTION NO………..
BETWEEN:
FEDERAL REPUBLIC OF NIGERIA……………………COMPLAINANT/RESPONDENT
AND
1. MUNAK ABADE
2. KAINJI BADABA
3. BALAK GULAK………………………………………DEFENDANTS/APPLICANTS
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COUNTER AFFIDAVIT IN OPPOSITION TO APPLICATION FOR BAIL16
I, A. B Umar Esq., male, adult, Muslim, Nigerian and a legal practitioner at the Federal
Ministry of Justice, Abuja, hereby make oath and state as follows, that;
1. I am the prosecutor in this case by which fact I am conversant with the facts of this case.
2. The 1st defendant together with the 2nd to 3rd defendant is standing trial for the offence
sedition and treasonable felony in Charge No……….
3. The 1st defendant since his arrest, investment and prosecution has been in custody of the
Department of Security Service and presently being held at the Kuje Correctional Centre
in Abuja.
4. The 1st defendant throughout his stay at the aforementioned places never complained of
any health challenges.
5. The 1st defendant has been taken good care of while in detention as the correctional
center has in place a well-equipped medical facilities to take care of any form medical
situation.
6. The 1st defendant together with the 2nd and 3rd defendants is standing trial for a capital
offence which attracts death sentence and would most likely escape justice if granted bail.
7. The 1st defendant will not be prejudiced in any manner in his trial if not granted bail.
8. I make this oath conscientiously believing same to be in accordance with the Oaths Act.
………………………
DEPONENT
Sworn at the Federal High Court Registry, Abuja,
This………..day of………..2024
BEFORE ME
…………………………….
COMMISSIONER FOR OATHS
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SECTION B17
QUESTION 4 (COMPULSORY)
A. Question 1 is a leading question; section 221(1) Evidence Act. Yes, I would have objected
to the question. The ground of the objection is that leading questions are not allowed in
examination in question and the question asked even though it is introductory touches on
the qualification and experience of the witness.
B. The objection of the defence counsel to question 2 was proper because, adoption of witness
statement on oath is strange in criminal trials. The ruling of the court sustaining the
objection was proper.
C. Question 3 is leading question. It is not allowed at this stage of the trial; section 221(1)
Evidence Act. This is because, it relates to a relevant fact in issue in the trial.
D. The ground of objection by the defence counsel to question 3 was not proper. He ought to
have based his objection on the ground that the question is a leading question.
E. Question 4 is an open question. It is allowed at this stage of the trial. The reason is because,
open question allows the witness to testify from his personal knowledge and experience.
F. I will proper foundation by asking the witness the following questions:

1. You informed this court that you prepared a post mortem report?
2. Do you have a copy of the post mortem before this court?
3. If you see the Report will you identify if?
4. How will you identify it?
5. Is this the post mortem report you prepared?
G. The answer to question 7 is an attempt by the witness to refresh his memory. The condition
precedent for him to be able to do so is to seek and obtain the leave of court; section 239
Evidence Act.
H. A hostile witness is any witness that is wilfully lying or being evasive of the questions put
to him by the party that called him as a witness; Esan v State. No, the prosecution wrongly
declared the witness hostile. The reason is because, it is only the court that can declare a
witness hostile upon the application of the person that called witness. Secondly, there is
nothing in the scenario that warrants the witness to be declared a hostile witness; section
230 & 231 Evidence Act.
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QUESTION FIVE (OPTIONAL)18
A. Your Honor, in view of the fact that, the defendants have pleaded not guilty to the offence
charged, the defendants are entitled to be presumed guilty until proven guilty and the
offences for which they are standing trial is a felony for which bail can be granted, I hereby
apply that the defendants be admitted to bail.
B. SUMMONS FOR BAIL: (This is mostly used in the south especially where bail is refused
by a Magistrate court).
HOLDEN AT LAGOS
CHARGE NO…………
MOTION NO…………
BETWEEN:
THE STATE OF LAGOS…………………………COMPLAINANT/RESPONDENT
AND
1. OPALINGO ABRAKA
2. IMANOBE BENEBO
3. JALINGO HASSANIB
4. ZAPATA BRAGA…………………..............................DEFENDANTS/APPLICANTS
SUMMONS FOR BAIL
BROUGHT PURSUANT TO SECTIONS 35(4), 36(5) OF THE CONSTITUTION OF THE
FEDERAL REPUBLIC OF NIGERIA 1999 (AS AMENDED), SECTION 119 OF THE
ADMINISTRATION OF CRIMINAL JUSTICE LAW OF LAGOS STATE, AND UNDER
THE INHERENT JURISDICTION OF THIS HONOURABLE COURT
LET ALL PARTIES attend at this Honourable court on the …….day of ……. 2024 at the Hour
of 9 O’clock in the forenoon or so soon thereafter on the hearing of an application for bail by
counsel on behalf of the defendant/Applicant for:
1. AN ORDER admitting the 1st to 3rd defendants/Applicants to bail pending the determination of
the trial at the Igbosere Magistrate Court, Lagos.
2. AND FOR SUCH ORDERS OR FURTHER ORDERS as this Court may deem fit to make in
the circumstances.
DATED THIS ……… DAY OF………………………….2024
This Summons was taken out by Emokiniovo Dafe-

Akpedeye (Applicant’s counsel)
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No. 15 Law School Close, Victoria Island, Lagos
State.
Phone No………………………
Email……………………………
FOR SERVICE ON:

Attorney-General of Lagos State and
Commissioner for Justice,
No 15 Bank Road, Ikoyi, Lagos State.
Affidavit in support for the 1st defendant:

HOLDEN AT LAGOS
BETWEEN:
THE STATE OF LAGOS…………………………COMPLAINANT/RESPONDENT
AND
1. OPALINGO ABRAKA
2. IMANOBE BENEBO
3. JALINGO HASSANIB
AFFIDAVIT IN SUPPORT OF SUMMONS FOR BAIL
I, Opalingo Abraka, Male, adult, Christian, business man and a Nigerian citizen of No. 40
Bwari Close, Ikotun, Lagos State, do hereby make oath and state as follows, that:
1. I am the 1st defendant/Applicant and by virtue of which I am conversant with the facts of
this case.
2. I am standing trial before the Magistrate Court sitting at Igbosere, for the offence of
stealing, conspiracy to commit stealing and assault occasioning grievous bodily harm
which are all felony.
3. I made an application for bail which was refused by the trial Magistrate his Honor
Magistrate Obolo Ayoola and a copy of the order of the Magistrate refusing to grant me
bail is hereby annexed as Exhibit A1.
4. I am an out-patient at the Lagos State University Teaching Hospital where I am being
treated for acute pneumonia, a copy of medical report is hereby annexed and marked as
Exhibit A2
5. I am ready and willing to stand trial if my application is granted as it will give me more
opportunity to prepare for my defence.
6. I swear to this affidavit in good faith believing its content to be true and correct in
accordance with the Oaths Act.
………………………
DEPONENT
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Sworn to at the High Court Registry, of Lagos State,
this…..day of……2024.
BEFORE ME
…………………………
COMMISSIONER OF OATHS
C. Application for bail at the High Court of FCT:
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY,

IN THE MAITAMA JUDICIAL DIVISION
HOLDEN AT MAITAMA
BETWEEN:
THE FEDERAL REPUBLIC OF NIGERIA…..COMPLAINANT/RESPONDENT
AND
1. OPALINGO ABRAKA
2. IMANOBE BENEBO
3. JALINGO HASSANIB
SUMMONS FOR BAIL
BROUGHT PURSUANT TO SECTIONS 35(4), 36(5) OF THE CONSTITUTION OF THE
FEDERAL REPUBLIC OF NIGERIA 1999 (AS AMENDED), SECTION 158 OF THE
ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015 AND UNDER THE INHERENT
JURISDICTION OF THIS HONOURABLE COURT
LET ALL PARTIES attend at this Honourable court on the …….day of ……. 2024 at the Hour
of 9 O’clock in the forenoon or so soon thereafter on the hearing of an application for bail by
counsel on behalf of the 1st and 2nd defendants/Applicants for:
1. AN ORDER admitting the 1st and 2nd defendants/Applicants to bail pending the determination
of the trial at the Magistrate Court.
2. AND FOR SUCH ORDERS OR FURTHER ORDERS as this Court may deem fit to make in
the circumstances.
DATED THIS ……… DAY OF………………………….2024
This Summons was taken out by Emokiniovo Dafe-

Akpedeye (Applicant’s counsel)
No. 15 Law School Close, Bwari, Abuja.
Phone No………………………
Email……………………………
FOR SERVICE ON:
Attorney-General of the Federation
Federal Ministry of Justice Abuja
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QUESTION SIX (OPTIONAL)19
A. The Federal High Court sitting at Port Harcourt lacks territorial jurisdiction to entertain the
charge. This is because, the defendant was arrested at the Muritala Mohammed
International Airport in Lagos and ought to be tried before the Federal High Court sitting
in Lagos; Ibori v FRN.
B. The Administration of Criminal Justice Act (ACJA) 2015 has repealed the Criminal
Procedure Act and Criminal Procedure Code respectively, section 493 ACJA 2015.
Therefore, it was not proper to apply or rely on any of the two laws before the Federal High
Court.
C. The position of the law is that, the court is where the judge decides to sit provided it is open
and accessible to the members of the public. In the instant case, since the court room is not
convenient for the sitting, the court sitting at the primary school was proper.
D. The court can legally sit on the 29th of January, 2022 (which is a Saturday) with the consent
of all the parties to the trial; Ososanmi v COP
E. Presently, under the Police Act 2022, only police officers who are legal practitioners that
can validly sign a charge or information; section 66(1) Police Act 2022. Therefore, the
objection was proper.
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CORPORATE LAW PRACTICE20
SECTION A
a. (i) I will advise the ‘Specialist Medical Center that, the registration options under the extant
law are;
1. Company Limited by Guarantee under Part B of the companies and Allied Matters
Act 2020 as amended (CAMA) and,
2. Incorporated Trustees under Part F of CAMA 2020
(ii) The appropriate name of the company is either; ‘Specialist Medical Center Ltd/GTE’ or
‘Incorporated Trustees of Specialist Medical Center’.
b. The preferred option is company limited by guarantee. The reason for the choice of preference
is because, a company limited by guarantee can be allowed to carry on business for the purpose
of carrying on its object and in the scenario it was stated that, the Specialist Medical Center
will produce vaccines for sale to other African countries at a subsidized rate; section 26(3)
CAMA 2020.
c. Memorandum of Association:
THE FEDERAL REPUBLIC OF NIGERIA
COMPANIES AND ALLIED MATTERS ACT, 2020
COMPANY LIMITED BY GUARANTEE
MEMORANDUM OF ASSOCIATION
OF
SPECIAL MEDICAL CENTER LTD/GTE
1. The name of the company is ‘SPECIAL MEDICAL CENTER LTD/GTE’.
2. The registered office of the company is situate in Nigeria.
3. The objects for which the company is established are:
i. The treatment of Covid-19 infections.
ii. Production of Covid-19 vaccines for sale to African countries.
iii. To do all such things incidental to the attainment of the above object.
4. The company is a private company.
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d. Letter of exemption21:
INDIA CONSTRUCTION AND ENGINEERING COMPANY INC
NO 5 DECAPRIO ROAD, RIO CHAU ROAD, INDIA
[email protected].+134-666-556-9990
OUR REF………….
JUNE 12, 2024
The Minister of Trade and Industries;
Federal Republic of Nigeria
FCT, Abuja.
Dear Sir,
APPLICATION FOR EXEMPTION FROM REGISTRATION AS A
NIGERIAN COMPANY PURSUANT TO SECTION 80(1) COMPANIES AND ALLIED
MATTERS ACT, 2020
We the above named foreign company having been invited to Nigeria by the Federal Government
of Nigeria to execute a project of construction of a Specialist Medical Centre in the Federal Capital
Territory, Abuja, hereby apply for exemption from incorporation as a Nigerian company.
Please find attached the necessary documents as stipulated by section 80(2) of the Companies and
Allied Matters Act, for your kind consideration.
Thank you
Yours faithfully,
………………….
ITOHAN TIMIPRI
Company Secretary.
FOR: INDIA CONSTRUCTION AND ENGINEERING COMPANY INC

ENCL:
e. I will advise the Indian company that, it will not be proper to execute any other project outside
the exemption order. This is because, it can only carryout the object contained in the exemption
order. For it to carry out any other project outside the one for which the exemption was granted,
it must take steps to be incorporated with CAC as a Nigerian company.
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a) Five major regulatory bodies in corporate law practice includes;
1. Corporate Affairs Commission (CAC)
2. Securities and Exchange Commission (SEC)
3. Nigerian Investment Promotion Commission (NIPC)
4. Federal Inland Revenue Service (FIRS)
5. Federal Competition and Consumers Protection Commission (FCCPC).
b) The functions of the regulatory bodies are:
1. CAC: To administer the provisions of CAMA in terms of the regulation and
supervision of:
i. The formation, incorporation, management, striking off and winding up of
companies, limited liability Partnerships and limited partnerships,
ii. Business names, management and removal of names from the register, and
iii. The formation, incorporation, management and dissolution of incorporated
trustees.
2. SEC:
i. To regulate investment and securities business in Nigeria
ii. To regulate and register offers of securities by public companies.
iii. To register and regulate corporate and individual capital market operators.
3. NIPC:
i. To encourage, promote and coordinate investment in Nigeria.
ii. To monitor all investment promotion activities.
4. FIRS:
i. It is in charge of collection of stamp duties.
ii. It also collects company’s income tax and issues Tax Clearance Certificate.
5. FCCPC:
i. It ensures protection of consumers
ii. It regulates and monitors merger and other business combinations.
c) The procedure for on-line registration of companies includes:

1. Log onto the CAC website; www.services.cac.gov.ng and conduct availability search
and reservation of name.
2. Complete the necessary documents and forms to wit;
i. CAC 1.1: Application for incorporation of company.
ii. Memorandum and Articles of Association.
3. Pay stamp duties on the Memorandum and Articles of Association and the statement
of issued share capital in the CAC 1.1.
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4. Upload the following documents on the portal23:
i. CAC form 1 showing the approved name.
ii. Duly filled CAC 1.1
iii. 2 copies of the stamped memorandum and articles of association.
iv. Valid means of identification of each director.
5. Select your preferred mode of payment and pay the prescribed fee (preferably via
remita) and upload the evidence of payment.
6. Download the certificate of incorporation and CTC of the other documents sent to the
email by CAC.
d) The advantages of on-line registration of companies includes:
1. It is faster.
2. It is more efficient.
3. It reduces stress and fraud.
4. It is less expensive as it reduces the burden of going to CAC.
5. It is more secure.
The challenges of online registration of companies are:
1. Delay in processing periods due to poor network.
2. Data security of some sensitive information supplied during the registration process.
3. High rate of cybercrimes and internet frauds.
4. It creates room for unprofessionalism as any person can now have access to the CAC
portal.
5. High rate if I.T illiteracy amongst Nigerians will hinder its efficiency.
e) The order of the contents of the Memorandum of Association are:
1. Heading
2. Name clause
3. Registered address clause
4. Object clause
5. Status clause
6. Liability clause
7. Share capital clause
8. Subscription clause and Box;
9. Date and Attestation see section 27 CAMA
f) The areas I will take instruction to register the company includes:
1. Take instruction as to the preferred name and alternative name.
2. The Capital involved. (this is to enable you advise him appropriately as to the choice
of company)
3. The number of shareholders involved.
4. Name and details of each shareholder and the shareholding formula.
5. The object or intended business of the company.
6. The proposed registered address of the company.
7. Particulars of the intended first directors.
8. Type of company intended to be incorporated.
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a) I will advise Alhaji Sule that a company is prohibited under section 43(2) of the
Companies and Allied Matters Act, 2020 from donating directly or indirectly any of its
funds or property to a political party or for any political purpose. The implications of
making such gift is that the officers in default and any member who voted for the breach
shall be jointly and severally liable to refund to the company the sum or value of the
donation or gift and in addition, every such officer or member commits an offence and is
liable to a fine equal to the amount or value of the donation or gift.
b) My answer will still be the same. This is because; Nigerian Exchange is still a corporate
body and is prohibited from making donations to political parties.
c) The legal implications of failure to give notice of board meeting to whoever is entitled to
it is that, the meeting will be invalidated; section 292(3) of CAMA 2020.
d) The various types of directors under CAMA includes:

i. Shadow directors; section 270 CAMA
ii. Life Directors; section 281 CAMA
iii. Managing directors; section 289(5) CAMA
iv. Independent Directors; section 275 CAMA
v. Executive and Non-executive directors: created for administrative convenience.
e) The various ways of appointing a director includes:

i. Appointment in writing by the initial subscribers; section 272 CAMA
ii. Re-election by ordinary resolution of the members in a general meeting; section
273(1) CAMA
iii. Appointment by nominee where a company is a director in another company.
iv. Appointment by the Board to fill casual vacancy; section 274 CAMA
v. Appointment by the personal representatives or the creditors where all the
directors and shareholders of the company dies; section 273(2) CAMA
f) I will advise Alhaji Sule that a director can be removed by ordinary resolution of the members
in a general meeting. The procedure is as follows:
i. Any person proposing the removal of the director before the expiration of his tenure
will send a special notice to the company.
ii. The company shall send a copy of the special notice to the director concerned for him
to make a defence.
iii. The director is to make representations in writing as to his defence on the grounds on
which he is sought to be removed or if he failed to, he is to be allowed to be heard at the
meeting of the company where he is to be removed.
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iv. A general meeting of the company will be summoned by a 21 days’ notice and an
ordinary resolution will be passed removing the director25.
v. The company will notify CAC of the removal in the prescribed Form within 14 days of
the removal, attached with the said resolution; section 321 CAMA
vi. The company is to make the changes in its Register of Directors and register of
directors’ shareholding if any; section 288 of CAMA.
g) I will advise Alhaji Sule that, his action challenging his removal by the board as a director will
succeed. This is because, the procedure for removing a director as stipulated under section 288
of CAMA must be strictly observed otherwise, the removal will be invalid; Longe v First
Bank of Nigeria PLC
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SECTION B26
QUESTION FOUR (COMPULSORY)
a. Statutory letter of demand:

TOP RANK BANK PLC
RC NO 145145
NO 40 ADEOLA STREET
VICTORIA ISLAND LAGOS
[email protected] +2347064599771
OUR REF.................... YOUR REF............................
September 1, 2020.
The Managing Director,

Astra Industries Limited,
No 52 Akawe Street, Ikoyi,
Lagos State
Dear Sir,
STATUTORY NOTICE OF DEMAND TO REPAY N60, 000, 000. 00 LOAN

PURSUANT TO SECTION 572 OF THE COMPANIES AND ALLIED MATTERS
ACT, 2020
I, the secretary of the above named bank write to notify your company of the repayment of a
facility advanced to it to the sum of N60, 000, 000. 00 (Sixty Million Naira only) at an interest of
13 percent per annum dated the 18 day of July, 2018 with its due date of repayment to be on/
before the 2nd of March 2020 and which has remained unpaid till date.
You are hereby demanded to repay the principal loan and interest within twenty-one (21) clear
days of your receipt of this notice otherwise legal actions will be taken against your company.
You can kindly make payment into account No 1276589308 belonging to the Bank.
Thank you.
Yours faithfully,
……………………
Company Secretary
For: Top Rank Bank PLC.
b. The various modes of winding up under CAMA 2020 are:
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i. Voluntary winding up; (by members or creditors)27.
ii. Winding up by the court (compulsory winding up)
iii. Winding subject to the supervision of the court; section 564 CAMA 2020
c. Special resolution for appointment of a liquidator:

ASTRA INDUSTRIES LIMITED
NO 52 AKAWE STREET, IKOYI,
LAGOS STATE
RC NO……….
OUR REF…………… PHONE NO……………………EMAIL…………………..
FEDERAL REPUBLIC OF NIGERIA

COMPANIES AND ALLIED MATTERS ACT, 2020 AS AMENDED
SPECIAL RESOLUTION TO APPOINT A LIQUIDATOR TO WIND-UP THE COMPANY
PURSUANT TO SECTION 621 OF THE COMPANIES AND ALLIED-MATTERS ACT, 2020
At an Extra-ordinary General meeting of the above named company held on the 10th day of
October, 2020 at the company’s conference room, it was dully proposed and resolved as follows:
‘THAT Mr. John Tsav, an accountant of……..(address) be and is hereby appointed liquidator to
wind-up the company at a remuneration of N500,000.00 per annum.
DATED………….DAY OF…………..2024
….………….. …………………
DIRECTOR SECRETARY
d. The legal implications of appointment of a liquidator are:

i. All the powers of the directors shall cease
ii. The company will stop doing business except as it is necessary for the winding up
exercise.
iii. No transfer of interest in the property of the company shall be valid; section 627(2)
CAMA 2020.
e. The returns the company will make to CAC upon successful winding up are:
i. A copy of the final account of the winding up.
ii. A return of holding of the final meeting and the date it was held; section 631(3) CAMA
2020
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a. Application to CAC for investigation of the company:
GODS FAVOUR CHAMBERS

NO. 15 BWARI STREET, WUSE ZONE 4,
FCT, ABUJA
OUR REF…………… PHONE NO……………………EMAIL…………………..
June 12, 2024.
The Registrar-General
Corporate Affairs Commission
Aguiyi Ironsi Crescent, Maitama,
Abuja.
Dear Sir,
APPLICATION TO CONDUCT INVESTIGATION ON OLE BURUKU NIGERIA LIMITED

WITH RC NO. 1350 PURSUANT TO SECTION 357(1) OF THE COMPANIES AND ALLIED
MATTERS ACT 2020
We are the Solicitors Mr James Tunde a shareholder in the above named company, which we will
refer to as ‘our client’.
It is our client’s instructions that we write to you to carry out an investigation into the activities
and affairs of the company.
The grounds and events giving rise to this application are as follows:
1. The company has failed to declare dividend for two years now;
2. The directors and majority shareholders of the company have failed to account or disclose
any of the activities of the company.
Our Client is ready to pay all necessary fees if any that may be required to conduct the
investigation.
Thank you for your prompt consideration.
Yours faithfully,
………………….
BASIL JEGEDE
PP: GODS FAVOUR LAW FIRM
b. CAC can appoint inspectors to investigate the affairs of the company in the following
situations, where;
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1. The company’s affairs are being or have been conducted with intent to defraud its creditors
or the creditors of any other person, or in a manner which is unfairly prejudicial to some
part of its members29;
2. Any actual or proposed act or omission of the company (including an act or omission on
its behalf) is or would be so prejudicial, or that the company was formed for any fraudulent
or unlawful purpose;
3. Persons concerned with the company’s formation or the management of its affairs have in
connection therewith been guilty of fraud, misfeasance or other misconduct towards it or
towards its members; or
4. The company’s members have not been given all the information with respect to its affairs
which they might reasonably expect; section 358(2) Companies and Allied Matters Act
2020
c. The importance of the inspector’s report is that once it is certified by CAC to be a true copy, it
is admissible in any legal proceedings as evidence of the opinion of the inspector in relation to
any matter contained in the report; section 368(1) of CAMA 2020
d. Other line of action available to the minority shareholders include:

1. Members Direct Action, section 344 CAMA
2. Derivative Action; section 346 CAMA
3. Petition on the ground of unfairly prejudicial, discriminatory or oppressive conduct of
the company’s affairs; section 354 CAMA
4. Petition for compulsory winding up on just and equitable ground; section 571(f) CAMA
2020
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a. The procedure for the creation of a charge is as follows:
1. Convene a Board meeting and pass a Resolution authorizing the loan.

2. Preparation, execution and stamping of the loan documents; i.e. Deed of Mortgage (charge
by way of legal mortgage) and Debenture Trust Deed
3. If the debenture is secured on the land of the company; obtain Governor’s consent, stamp
and register the Deed at the Lands Registry
4. Register the charge with CAC by filing Form CAC 9- (Registration of Charges) within 90
days from the date it was created and obtain Certificate of Registration of Charges.
5. Keep copies of the Certificate of the Registration of Charges at the registered office of the
company and enter the details in the Register of Charges and Debenture holders of the
company.
b. The effect of failure to register the charge with CAC is that; the instrument will become void
against the creditors and liquidators of the company and the laon will become immediately
repayable;
c. The remedies available to the bank to recover the loan includes:
i. Action in Court to recover the principal and interest–Amanda v. Ikom Nig. PLC
ii. Bring a Petition for winding-up of the company on the ground of its inability to pay its
debt.
iii. Debenture holder’s action.
iv. Power of sale if it is a debenture secured on a fixed asset.
v. Apply for an order of foreclosure of the security property.
vi. Appointment of receiver or manager over the company; Nashtex Intl v. Habib Nig.
Bank
vii. Valuation of security and providing proof of balance upon winding up.
d. The records the company must keep includes

i. Register of charges; section 216 CAMA
ii. Register of debenture holders, section 218 CAMA
iii. Register of instruments creating charge; section 215 CAMA.
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PROFESSIONAL ETHICS & SKILLS31
SECTION A
(a) A legal practitioner is prohibited from entering into an arrangement to charge or collect a
contingent fee for representing a defendant in a criminal case; Rule 50(2) of the Rules of
Professional Conduct for Legal Practitioners 2023. Therefore, the arrangement for payment
for Ula Manjam’s payment in the instant case was not proper.
(b) Yes my answer will be different. This is because; a contingent fee arrangement is allowed in
civil matters provided that;
i. The contract is reasonable in all circumstances of the case including the risk and the
uncertainty of compensation.
ii. The contract is not vitiated by fraud, mistake or undue influence or contrary to public
policy and it is reasonably obvious that there is a bonafide cause of action; Rule 50(1)
RPC 2023.
(c) Generally, a lawyer shall not have any dealing with any person whom he is aware or ought
reasonably to be aware that is already represented by another lawyer in a particular matter
without giving notice to the other lawyer; Rule 27(4) RPC 2023. Eric Adakole’s intervention
in this scenario and the reasons given by him were wrong.
(d) The instruction given by Eric Adakole to Elias Agu to stand as surety for the bail of the
defendant was wrong. This is because, a legal practitioner is prohibited from acting as a witness
for the client in any matter for which he is representing the client and by extension, it is
ethically wrong for a lawyer to stand as a surety for the bail of his client standing trial; Rule
20(1) RPC 2023.
(e) May it please this Honourable court, I am Eric Adakole, holding the brief of Ula Manjam Esq.
for the defendant.
(f) The proper of addressing the judge at the Magistrate court is ‘Your Worship’.
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a. The stages I will go through to complete the drafting of the bill are:
i. Receiving/taking and understanding the instruction,
ii. Analyzing the instruction,
iii. Designing the draft
iv. Composition of the draft and,
v. Scrutinizing the draft.
b. Draft of the parts of the legislation:

i. Long Title: ‘A BILL FOR A LAW TO SET UP AN AGENCY TO BE SADDLED
WITH THE RESPONSIBILITY OF ESTABLISHING INSTITUTIONS FOR
ENHANCING THE LEARNING OF LIFE-LONG SKILLS FOR THE BENEFIT
OF THE UNIVERSITY STUDENTS IN YOUR STATE WHILE THEIR
INSSTITUTIONS ARE ON STRIKE AND OTHER RELATED MATTERS
THERETO’
ii. Commencement: ‘This Law shall come into effect on a date to be stipulated by the
Commissioner for Information and Strategy’.
iii. Short title: ‘This Law may be cited as “SKILLS ACQUISITION AGENCY
(ESTABLISHMENT ETC) LAW OF OYO STATE 2024”
iv. Establishment clause: ‘There shall be established an Agency to be known a
‘…………………..’
v. Interpretation section: In this law, except where the context otherwise provides;
‘Agency’ means…………….
c. The three duties the draftsman owes the sponsor of the Bill includes;
i. Duty to act diligently and competently; Rules 16 RPC 2023
ii. Duty to avoid all forms of conflict of interest; Rule 17 RPC 2023
iii. Duty to keep the information reposed on him by the client confidential; Rule 19
RPC 2023.
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a. Ibiye Gogomari Cashbook Account for the Month of November 2021 (it was not asked but
for emphasis)
Debit Credit
Date Particulars F Amount (N) Date Particulars F Amount (N)
03-11-21 Donation 1 6, 000, 000 05-11-21 Toyota Car 4 4, 500, 000
04-11-21 Donation 2 2, 000, 000 07-11-21 Office furniture 5 350, 000
04-11-21 Donation 3 2, 000, 000 08-11-21 Computer 6 150, 000
08-11-21 Laptop 7 250, 000
11-11-21 Air conditioner 8 180, 000
11-11-21 Book shelve 9 270, 000
15-11-21 Internet modem 10 200, 000
18-11-21 Printer 11 95, 000
18-11-21 Wall clock 12 15, 000
18-11-21 Refrigerator 13 90, 000
18-11-21 Fan 14 30, 000
30-11-21 Balance CD 3, 870, 000
10, 000, 000 10, 000, 000
01-12-21 Balance BD 3, 870, 000
Ibiye Gogomari Ledger Account for the Month of November 2021
Capital Account:
Debit Credit
Date Particulars F Amount (N) Date Particulars F Amount (N)
03-11-21 Cash D1 6, 000, 000
04-11-21 Cash D2 2, 000, 000
04-11-21 Cash D3 2, 000, 000
Toyota Car Account:

Debit Credit
Date Particulars F Amount (N) Date Particulars F Amount
05-11-21 Cash C4 4, 500, 000
Furniture Account
Debit N Credit N
07-11-21 Cash C5 350, 000
Computer Account:
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Debit N Credit N
Date Particulars F Amount Date Particulars F Amount
08-11-21 Cash C6 150, 000
Laptop Account:
Debit Credit
08-11-21 Cash C7 250, 000
Air conditioner Account:

Debit Credit
11-11-21 Cash C8 180, 000
Book shelve Account:

Debit N Credit
11-11-21 Cash C9 270, 000
Internet modem Account:

Debit Credit
15-11-21 Cash C10 200, 000
Printer Account:
Debit Credit
18-11-21 Cash C11 95, 000
Wall clock Account:

Debit Credit
18-11-21 Cash C12 15, 000
Refrigerator Account:
Debit Credit N
18-11-21 Cash C13 90, 000
Fan Account:
Debit Credit
18-11-21 Cash C14 30, 000
37
b. (i) Fixed fee is a non-negotiable amount of money usually charged by a lawyer in non-
contentious matters
(ii) Retainer fee is amount of money paid to a legal practitioner upfront to keep his attention
for the client for a given period.
(iii) Contingency fee is a fee charged by a legal practitioner based on the successful
accomplishment of the clients brief; Rule 50(5) RPC.
SECTION B34
a. The stages of client’s interview according to Avrom Sherrs model are:
i. Listening stage.
ii. Questioning stage and,
iii. Advising stage.
b. I will advise Chidozie that, the meeting venue suggested by Cletus is not proper. This is
because; a lawyer is prohibited from calling at the client’s house or office for the purpose
of accepting brief except in special circumstances or for some other urgent reason
preventing his client from coming to his office; Rule 22 of the Rules of Professional
Conduct 2023.
c. My answer is as follows:
(i) The other means of resolving the dispute includes;
1. Negotiation and,
2. Mediation.
(ii) The main difference between negotiation and mediation is that, while negotiation
is strictly between the disputing parties, mediation involves the intervention of a
neutral/impartially third party who assists the parties in resolving their dispute.
(iii) The advantages of negotiation includes :

1. It encourages privacy.
2. It saves cost.
3. No third party influence or manipulation.
The disadvantages of negotiation includes:

1. Lack of trust by one party can make it difficult.
2. If there was no prior relationship, no need to maintain goodwill.
3. Parties may decide not to honour the agreements.
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The advantages of mediation includes35:
1. The third party will help to reach an amicable settlement fast as his neutrality
will enable him see possibilities which an interested party may not see.
2. The matter always end in a win-win situation.
3. Enforcement of settlement is easier.
The disadvantages of mediation includes:

1. The cost is higher than negotiation because the mediator will be paid.
2. The process can easily be compromised.
3. No complete privacy because of the mediator.
d. Letter:
CHIDOZIE AKUNZI & CO

PLOT 20 HERBERT MACAULAY STREET,
ONITSHA, ANAMBRA STATE
[email protected] +2347064599441
OUR REF…………..
20TH JANUARY, 2019
TO: The Sales Manager;

Onyx Ventures,
Slot B, Ochanja Market, Onitsha,
Anambra State.
Dear Sir/Ma,
DEMAND FOR THE SUPPLY OF THE J6 SAMSUNG PHONES WORTH TWENTY
MILLION NAIRA OR REFUND OF THE DEPOSIT PAID
I am Chidozie Akunzi Esq. Legal practitioner to Mr. Cletus Chijioke (my client). I have the
instruction of my client to write this letter to you.
My client informed me that; he entered into a contract with you for the supply of J6 Samsung
phones at the contract sum of N20, 000, 000.00 (Twenty Million Naira), which is to be supplied
to my client latest on the 30th of November, 2018.
Pursuant to the above agreement my client paid you the sum of N8, 000, 000.00 as part payment
for the phones. Unfortunately, you have refused to supply the phones as agreed despite repeated
calls requesting that you remedy the wrong by delivering the phones.
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39
I therefore, request that, you deliver the goods as agreed within 7 (seven) clear days from the
date this letter was served or alternatively refund the sum of N8, 000, 000.00 which my client
paid to you as deposit with 10% interest.
I wish you inform you on your failing to do as aforesaid, I have my client’s instruction to take all
necessary legal steps to recover the money.
Thank you.
Yours faithfully;
………………….
Chidozie Akuzi
Principal Partner: Chidozie Akuzi & Co
e. The categories of the sources of law and the examples are:
1. Primary sources. Examples of primary sources are laws/statutes and law reports.
2. Secondary sources: examples of secondary sources includes, law textbooks, law

dictionaries.
3. Tertiary sources; examples of tertiary sources are; encyclopedia, lexis nexis, index of
law reports.
a. Kingsley’s intention of divulging the secret reposed on him by Naomi is not proper. This is
because, a legal practitioner is not allowed to reveal or divulge a confidence or secret reposed
on him by the client as provided under Rule 19(2) of the Rules of Professional Conduct, 2023.
b. A lawyer can reveal the confidence and secrets reposed on him by the client in any of the
following circumstances:
1. The intention of his client to commit a crime and the disclosure is necessary to prevent the
crime;
2. Where the client consents to such after a full disclosure;
3. Where the disclosure is by a Court Order or permitted under RPC;
4. Where the disclosure is necessary to collect the lawyer’s fees.
5. Where the disclosure is necessary to defend himself or employees against the suit of the
client for wrongful conducts. See R. 19 (3) of the RPC
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c. The obligations that Charles Okonjo owes Kingsley as the new lawyer are:
1. To inform Kingsley of his engagement in the matter and,

2. To ensure that his earned fees are paid; Rule 29(1) RPC
d. The factors a lawyer must establish in order to withdraw from the clients brief includes:
1. Failure to pay his professional fees.
2. Where there is conflict of interest;
3. Where he may be called as a witness in the case;
4. Where the client insists on commission of a crime, Rule 21(2) RPC
a. Letter of employment:
Ambrose Godwin ESQ
No. 45 Jack Street,
Wuse Zone 2,
FCT, Abuja.
February 14, 2024

To: Head of Chambers,
Johnson Jacob SAN & Co.
No. 20 Amuda Avenue, Asokoro,
FCT, Abuja.
Dear Sir/Madam,
APPLICATION FOR EMPLOYMENT AS LEGAL COUNSEL IN CHAMBER
I am Ambrose Godwin, a legal practitioner called to the bar on…………..and has since been in
active practice and I believe I am well qualified and suited for this job due to my vast experience.
I hereby apply for employment in your firm as a counsel in chambers.
Please find attached a detailed copy of my curriculum vitae for your favourable consideration.
Thank you Sir.
Yours faithfully,
……………….
Ambrose Godwin.
07064599431
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b. Curriculum Vitae:
CURRICULLUM VITAE OF AMBROSE GODWIN38
No. 45 Jack Street, Abuja FCT
08065748908 e-mail:[email protected]
1. PERSONAL DATA:
Name: Ambrose Godwin
Address: No 15 Bose Street Abuja FCT
State of origin: Kano State
Permanent home address: No 205 Kankanwa Street Dankowa Kano
State-Nigeria
Date of birth: 10th March, 1994
Marital status: Single.
2. EDUCATIONAL QUALIFICATIONS WITH DATES

i. Barrister-at Law (B.L) 2023
ii. Bachelor of Laws Degree (LL.B) 2005
iii. Secondary school certificate( WASCE) 2006
iv. Primary School certificate 2000
3. WORK EXPERIENCE
 National Youth Service Corps with the Ministry of Justice Ekiti State 2023
4. HOBBIES
1. Reading
2. Travelling
5. REFEREES:
Available on request.
DATED THE 1ST DAY OF FEBRUARY, 2024.
…………….……
AMBROSE GODWIN
c. i. The body that will exercise disciplinary control over Johnson Jacob is the Legal Practitioners
Disciplinary Committee.
ii. The sanctions that body can impose if Johnson Jacob is adjudged guilty includes:
1. Suspension for a period of time.
2. Order for the name to be struck out from the roll.
3. Admonition or caution.
4. Order for the return of the client’s property or money in his possession; section 12
Legal Practitioners Act.
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d. The various negotiation Strategies includes
1. Positional strategy
2. Competitive strategy
3. Win-lose strategy
4. Win-win strategy.
5. Cooperative or Problem Solving strategy.
43
MARKING SCHEME JUNE 2024 RESIT BAR FINAL EXAMINATION39
CIVIL LITIGATION
SECTION A
a. I will commence the action by writ of summons. This is because, writ of summons is a general
mode of commencement of action especially where the facts of the case is either contentious
or likely to be contentious; Doherty v Doherty; Order 5 Rule 1 of the High Court of Lagos
State (Civil Procedure) Rules 2019.
b. The documents to be filed along with the writ of summons includes:

1. Statement of claim
2. List of witnesses
3. Written statement on oath of the witnesses except witnesses on subpoena
4. Copies of documents to be relied on
5. Pre-action Protocol Form 01; Order 5 Rule 1(2) Lagos Rules 2019.
c. Failure to attach the documents stated above will nullify the action; Order 5 Rule 1(3) Lagos
Rules 2019.
d. Motion ex parte for interim injunction:

HOLDEN AT LAGOS
SUIT NO…………..
MOTION NO………..
BETWEEN
CHIEF OLA BENSON………………………………………..CLAIMAINT/APPLICANT
AND
ATTORNEY GENERAL OF LAGOS STATE ………………DEFENDANT/RESPONDENT
MOTION EX PARTE
BROUGHT PURSUANT TO ORDER 43 RULE 3 OF THE LAGOS STATE HIGH COURT
CIVIL PROCEDURE RULES, 2019 AND UNDER THE INHERENT JURISDICTION OF
THIS COURT
TAKE NOTICE that this Honourable Court will be moved on the ___ day of _______ 2024…. at
the hour of 9 o’clock in the forenoon or soon thereafter as counsel on behalf of the
claimant/applicant may be heard praying this Honourable Court for the following orders:
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44
AN ORDER OF INTERIM INJUNCTION restraining the defendant/respondent, their agents,
and servants, from destroying the subject matter of the dispute pending the hearing of the Motion
on Notice for interlocutory injunction already filed before this court40.
AND FOR SUCH OTHER ORDERS this Honourable Court may deem fit to make in the
circumstances.
DATED THIS........DAY OF...........2024

__________________________
OKOKO JEMENI ESQ.
Claimant’s Solicitor
GABI & CO.
No. 77 Bamboo Road Victoria Island,
Lagos State.
Phone No……………………
Email………………………...
e. The conditions that must be established before the court can grant the application for interim
injunction includes:
1. Existence of a legal right to be protected.
2. Substantial issues to be tried between the parties.
3. Nature of the urgency.
4. Irreparable damage that may be caused if the application is refused.
5. Undertaking to pay cost; CBN v Kotoye
f. The step to be taken to ensure that the process is duly served on the defendant is to seek leave
of court by motion ex parte supported with an affidavit and a written address to serve the
defendants by substituted means. (This may be by publishing the process in a newspaper or
delivering it by post).
g. The process the Lagos state government will file if it wants to defend the action includes;
1. Memorandum of Appearance
2. Statement of defence
4. Written statement on oath of the witnesses
5. Copies of documents to be relied on.
h. ‘SAVE AND EXCEPT as herein expressly admitted, the defendant denies each and every
allegation of facts contained in the statement of claim as if same where herein set out and
traversed seriatim’.
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a. The action will be commenced before the High Court of Lagos State; Order 4 Rule 1 High
Court of Lagos State (Civil Procedure) Rules 2019.
b. The proper parties to the action are:
Straightway Bank of Nigeria PLC………………………Claimant
1. Mr. Tomi Brown

2. Demola Green ………………………….Defendants.
3. Ofili Marrow
(Trading under the name and style of Brightlaw Partners).
c. Heading of the originating process:

HOLDEN AT LAGOS
SUIT NO…………………
d. i. The appropriate court for the action will be the Federal High Court; section 251(1)(d) of
the 1999 Constitution, Federal Republic of Nigeria as amended.
ii. The parties to the action will be:
1. Mr. Tomi Brown

2. Demola Green ………………………….Plaintiffs/Applicants.
3. Ofili Marrow
(Trading under the name and style of Brightlaw Partners).
And
1. Straightway Bank of Nigeria PLC
2. Central Bank of Nigeria ……………Defendants/Respondents
e. I will adopt the fast track procedure under Order 59 of the High Court of Lagos State (Civil
Procedure) Rules 2019. The steps I will take to commence the action under the fast track
procedure is as follows:
1. I will commence the action by writ of summons together with the following
documents;
i. Statement of claim
ii. List of witnesses
iii. Written statement on oath of the witnesses
iv. Copies of document to be relied on.
v. Pre-action protocol form 01
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2. I will thereafter file an application for the matter to be heard under the Fast track
procedure by motion on notice supported with affidavit and written address42.
3. The assistant chief registrar or any other person in charge shall mark the originating
process ‘QUALIFIED FOR FASTTRACK’ and I will pay the appropriate fees;
Order 59 Rule 3 Lagos Rules 2019.
f. The procedure I will adopt in the circumstance is summary judgment procedure under Order
13 of the Lagos Rules 2019.
The processes I will file under the procedure includes:
1. Writ of summons
2. List and the deposition of the witnesses
3. List and copies of documents to be relied on
4. Application for summary judgment by motion on notice.
5. Affidavit in support of the application and
6. Written brief.
QUESTION 3 (OPTIONAL)
a) In matrimonial causes, any high court in Nigeria can assume jurisdiction irrespective of where
the marriage was contracted, provided that the husband is domiciled in Nigeria, section 2
Matrimonial Causes Act. It was therefore proper for the suit to be commenced in the High
Court of the FCT, Abuja. The dvice given by Yemi was not wrong.
b) I will advise Tunde Baba that, he can seek the following reliefs:
1. Decree of dissolution of the marriage, section 15(1) MCA
2. Decree of dissolution of voidable marriage, section 38 MCA
c) Yes, there is a likely impediment. The position of the law is that no application for the
dissolution of a marriage shall be entertained by the court without leave of the court. The
application for leave shall be by motion ex parte supported with an affidavit disclosing
exceptional hardship on the petitioner or exceptional depravity on the part of the respondent;
section 30 MCA
d) Leave of court for dissolution of marriage:
IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

HOLDEN AT ABUJA
PETITION NO……..
IN THE MATTER OF MATRIMONIAL CAUSES ACT
TO THE ABOVE NAMED COURT:
BETWEEN
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47
TUNDE BABA ------------------------------------------- PETITIONER/APPLICANT
AND
ALICE BABA --------------------------------------------------------- RESPONDENT
MOTION EX PARTE
BROUGHT PURSUANT TO SECTION 30(1) OF THE MATRIMONIAL CAUSES ACT AND
ORDER IV RULE I OF THE MATRIMONIAL CAUSES RULES 1983 AND UNDER THE
INHERENT JURISDICTION OF THIS HONOURABLE COURT.
TAKE NOTICE that this Honourable Court will be moved on the _____ day of ______ 2022 at
the Hour of 9 o’clock in the forenoon or so soon thereafter as counsel on behalf of the Applicant
may be heard praying this Honourable Court for the following orders:
1. AN ORDER OF COURT granting leave to institute proceedings for the dissolution of
marriage within two years of marriage.
2. AND FOR SUCH ORDER OR FURTHER ORDERS as this Honourable Court may deem fit
to make in the circumstances.
Dated this…………day of……………2022.
………………………
T.A. Sharpman Esq.
Counsel to the Applicant
House of Lords Chambers;
25 Buka Road, Victoria Island, Abuja.
Email…………………………………
Phone No……………………………..
e. Yes, there is an ethical issue involved. A legal practitioner is ethically bound to represent the
client within the bounds of law, he shall not knowingly use perjured or false evidence; Rule 15
of the Rules of Professional Conduct 2023. T.A. Sharpman is in breach of the above rule.
f. I will advise Tunde that, by the provisions of section 123 of the Evidence Act 2011 as
amended, facts admitted need not be proved. Therefore, since Alice has admitted all the facts
alleged in the petition, his petition will succeed.
g. The position of the law is that, where the court makes an order nisi, none of the parties to the
marriage can validly contract another marriage until the order has been made absolute, Amobi
v Nzegwu. Therefore, the subsequent marriage in this instant case is not valid.
h. I will advise her that, there is no right of appeal from a decree absolute to any of the parties
who failed to do so when the decree was nisi; section 241(2)(b) 1999 Constitution of the
Federal Republic of Nigeria as amended, Amobi v Nzegwu.
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SECTION B43
a. The procedure I will adopt is the Undefended List Procedure under Order 35 of the High
Court of the Federal Capital Territory (Civil Procedure) Rules 2018.
b. The documents I will file when commencing the action are:
1. Writ of summons and
2. Affidavit stating the grounds of the claim and that to the claimant’s believe, the
defendant has no defence; Ahmed v Trade Bank of Nigeria PLC.
c. Affidavit in support of the writ of summons:

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY,
HOLDEN AT ABUJA
SUIT NO…………….
BETWEEN:
ALHAJI AHMED NENGI ………..……………………………….CLAIMANT
AND
MR ADE GAMBO……...................................................................DEFENDANT
AFFIDAVIT IN SUPPORT OF UNDEFENDED LIST

I, Alhaji Ahmed Nengi, Male, Muslim, and a Nigerian Citizen residing at No. 1 Concord Street,
Maitama, FCT, Abuja; do hereby make oath and state as follows that:
1. I am the Claimant in this suit and by virtue of which I am conversant with the facts of this case.
2. The defendant requested from me a loan of N12, 000, 000.00 (Twelve Million Naira).
3. On the 5th of February, 2021, I transferred the sum of N12, 000, 000.00 (Twelve Million Naira),
to the Defendant’s account No 0123456789 with union Bank PLC Wuse 2 Abuja. The teller used
to transfer the money is hereby attached as exhibit A1
4. I on the same day executed an agreement with the defendant which stipulates that the defendant
will repay the loan after a six (6) months moratorium by 8 quarterly instalments in 24 months. A
copy of the agreement is hereby annexed as exhibit A2
5. The 6 months moratorium has since elapsed and the defendant is yet to repay any part of the loan
as agreed.
6. On the 3rd of March, 2022, wrote a letter requesting that the defendant should repay the laon within
14 days from the date of the letter but the defendant has refused or neglected to repay the loan. A
copy of the letter is hereby annexed as Exhibit A3.
7. The Claimant from the facts above believes that the defendant has no reasonable defence to this
claim/action.
8. I make this Oath in good faith believing its content to be true and correct in accordance with the
Oaths Act 2004.
………………
DEPONENT
Sworn to at the High Court of FCT Registry, Abuja
This…………day of …………….20…….
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BEFORE ME44
_______________________
COMMISSIONER FOR OATHS
d. If the defendant intends to defend the action, he shall within 5 (five) days before the date
fixed for hearing, file a Notice of Intention to defend and an affidavit disclosing a defence
to the merit; ACB v Gwagwada, Bullet International (Nig.) Ltd v Adamu; Order 35 Rule
3(1) Abuja Rules 2018.
e. The objection to the jurisdiction of the court is not sustainable. This is because, where an
action is commenced in the wrong judicial division in Abuja, the matter may be tried in
that division unless the Chief Judge directs otherwise; Order 3 Rule 6 of the FCT High
Court Rules 2018.
f. The defendant can appeal by filing a notice of appeal at the registry of the trial court and
he shall do so within 14 days from the date the ruling was given; section 25(2)(a) of the
Court of Appeal Act.
g. The defendant can bring an application for stay of proceedings pending the outcome of the
appeal. The application should be filed first before the trial court by motion on notice
supported with affidavit and a written address; Order 61 Rule 1 High Court of FCT (Civil
Procedure) Rules 2018.
h. The defendant’s appeal is deemed to have been entered when the records of appeal has
been duly transmitted to the registry of the Court of Appeal. The effect is that, no further
application regarding the matter can be made to the lower court or such applications shall
be made to the appellate court; Order 4 Rule 10 Court of Appeal Rules, 2021.
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50
a. I will appeal to the Court of Appeal. The appeal will be filed at the registry of the trial court.
b. The appeal will be initiated by filing a Notice of Appeal.
c. The contents of the notice of appeal are:

1. Heading of Court of Appeal
2. Appeal No and parties
3. The Body.
4. Part of the decision of the lower court that is complained of.
5. The Grounds of appeal and the particulars.
6. The exact nature of the relief sought.
7. The names and addresses of all parties directly affected by the appeal.
8. Signature of the appellant of his legal practitioner.
d. I will apply for stay of proceeding at the lower court pending the hearing of the appeal. The
application will be by motion on notice supported with affidavit and a written address.
e. Motion on notice for stay of proceedings:

IN THE HIGH COURT OF FEDERAL CAPITAL TERRITORY
HOLDEN AT ABUJA
SUIT NO………………
MOTION NO __________
BETWEEN
NENZAR SAMBOK……......................................CLAIMANT/RESPONDENT
AND
BETTER BANK PLC..…………............................DEFENDANT/APPLICANT
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER 61 RULE 1 OF HIGH COURT OF THE FCT (CIVIL
PROCEDURE) RULES 2018 AND UNDER THE INHERENT JURISDICTION OF THIS
HONOURABLE COURT
TAKE NOTICE that this Honourable Court will be moved on the ____ day of __________,
20___ at the hour of 9 O’clock in the forenoon or so soon thereafter as counsel for the Applicant
may be heard praying this Honourable Court for the following:
1. AN ORDER staying proceedings of this court in the matter pending the determination of
the appeal filed against the decision/ruling of this Honourable Court delivered on the
……day of ……, 20……, at the Court of Appeal, Abuja Division.
2. AND FOR SUCH OTHER ORDERS as this Honourable Court may deem fit to make in
the circumstances.
DATED THIS.... DAY OF ........2024
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………………
O. C. CHUKWU ESQ
Defendant/Applicant’s Counsel
Grace Chambers:
No 15 Gwarimpa Road,
FCT, Abuja.
Email……………………
Phone No…………………..
FOR SERVICE ON:
Kene Ajaegbu, SAN
Counsel for claimant/Respondent
No. 6 Lekki Drive, Ikoyi, Lagos.
f. The bank can file a counter claim to recover their money in the same action.

a. I will challenge the election before the National and State Houses of Assembly Election
Tribunal; section 285(1) 1999 Constitution of the FRN as amended.
b. Election petition:
IN THE NATIONAL AND STATE HOUSES OF ASSEMBLY ELECTION
TRIBUNAL
HOLDEN AT UMUAHIA
PETITION NO………
ELECTION TO THE OFFICE OF THE ABIA EAST FEDERAL CONSTITUENCY OF ABIA
STATE OF THE FEDERAL REPUBLIC OF NIGERIA HELD ON 5TH OF NOVEMBER 2021
BETWEEN
1. FELIX KELECHI…………………………………………………PETITIONERS
2. PEOPLES UNITED CONGRESS
AND
1. TOCHUKWU EMENIKE
2. PEOPLES PARTY
3. INDEPENDENT NATIONAL ………………………………RESPONDENTS
ELECTORAL COMMISSION (INEC)
PETITION
THE PETITION OF FELIX KELECHI OF NO 64 NWEKE STREET, UMUAHIA NORTH
LOCAL GOVERNMENT AREA, ABIA STATE, WHOSE NAME IS SUBSCRIBED
1.0 Your 1st Petitioner Felix Kelechi was a candidate at the above election and your petitioners
state that the election was held on the 5th day of November, 2021, where the 1st Respondent was a
candidate.
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52
1.1 Your 1st Petitioner contested under the platform of the 2nd Petitioner (Peoples United
Congress). The 1st Respondent contested under the platform of the 2nd Respondent (Peoples
Party)47.
1.2 The results as released by the 3rd Respondent were as follows:
CANDIDATE PARTY VOTES
1. Tochukwu Emenike PEOPLES PARTY 25, 000 Votes
2. Felix Kelechi PEOPLES UNITED CONGRESS 23, 700 Votes
3. David Johnson DEMOCRATIC ACCORD 11, 300 votes
st st
1.3 Your 1 Petitioner states that the 1 Respondent, Tochukwu Emenike, was then returned as the
elected candidate and or winner of the election.
2.0 GROUNDS FOR THE PETITION:
Your petitioners state that the grounds on which they rely for the petition are as follows:
a. The return of the 1st Respondent as winner of the election for the seat of Abia East Federal
Constituency, Abia State which held on the 5th of November, 2021 was invalid by reason of non-
compliance with the provisions of the Electoral Act 2022 and was marred by irregularities and
corrupt practices.
b. The 1st Respondent was not duly elected by a majority of lawful votes cast at the election.
3.0 FACTS IN SUPPORT OF THE PETITION:

1. Your petitioners state that there was visible acts of bribery and massive vote buying.
2. Your petitioners state that there was a lot of intimidation of the voters who intended to
vote against the 1st Respondent in favour of the petitioner.
3. Despite the gross irregularities and the fact that no results were collated by the 3rd
respondent, the 1st respondent was declared winner of the election by 6.30 pm at the
Secretariat of the 3rd respondent.
4.0 PRAYERS/RELIEFS SOUGHT

Wherefore, your petitioner prays the Tribunal for the following reliefs:
1. DECLARATION that the 1st Respondent, was not duly elected and returned as winner of
the election to the seat of Abia East Federal Constituency, Abia State which held on the
5th of November, 2021.
2. AN ORDER DECLARING the election to Abia East Federal Constituency, Abia State
which held on the 5th of November, 2021 was null or void.
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DATED . . . . . . DAY OF...........2021
J.O. Akanbi Esq
(Petitioner’s Counsel)
J.O. Akanbi & Co.
No. 10 Nnamdi Azikiwe Road,
Umuahia, Abia State
SIGNED BEFORE ME48
This . . . . . . . Day of . . . . . . . 20…….
............................
SECRETARY
FOR SERVICE ON:
1ST RESPONDENT
(Address)
2nd RESPONDENT:
(Address)
3rd RESPONDENT:
(Address)
c. The documents that will accompany the petition are:

2. Written statement of the witnesses and
3. Copies of documents to be relied on; para 4(5) 1st Schedule to the Electoral Act 2022.
d. The court with jurisdiction to entertain the matter is the Federal High Court; section 84(14)
Electoral Act 2022.
e. The election result must be challenged within after the declaration of the result of the election
and it must be determined within 180 days from the date it was filed; section 285(5) 1999
CFRN, Udokpo v Archibong.
f. For the photograph to be admissible, it must be established that;

1. The camera used to take the photograph was regularly used to produce the type of
evidence sought to be tendered.
2. The camera was used to take the photograph in the ordinary cause of business.
3. The camera was functioning properly as at the time it produced the photograph and if
there is any defect, it did not affect the production and authenticity of the photograph.
4. Oral evidence or an affidavit by the person who took the picture verifying the above
facts; section 84 Evidence Act as amended; Kubor v Dickson, Silver v Dickson.
48
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54

June 2024 Bar Final Resit Marking Scheme

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NIGERIAN LAW SCHOOL

BAR FINAL EXAMINATION JUNE 2024 RESIT MARKING SCHEME

1. Tenancy Law of Lagos State, 2011

Signed, Sealed and Delivered by the within named:

Gain = Selling Price – Allowable deductions:

CGT = 10% of 57, 350, 000 = N5, 735, 000.00

ii. The documents required for perfection of the title includes:

ii. A legal practitioner may charge the following fees:

b. First two clauses of Power of Attorney:

Last two clauses: (execution and attestation)

Signed Sealed and Delivered by the within named Donors:

IN THE PRESENCE OF:

c. The advantages of investigation of title is as follows:

1. Where both parties consents to it.

vi. The duties of a solicitor in preparing a Will includes:

e) NOW THIS DEED WITNESSES AS FOLLOWS:

IN THE PRESENCE OF:

SIGNED, SEALED AND DELIVERED by the above named Donor

IN THE PRESENCE OF:

iv. Letter to Engr. Mukhtar

PROCEDURE FOR THE PURCHASE OF NO 46 QUEENS DRIVE BENIN-CITY, EDO

v. Draft concluding part of the deed of assignment:

SIGNED, SEALED AND DELIVERED,

SIGNED, SEALED AND DELIVERED,

IN THE PRESENCE OF:

DATED THE …………… DAY OF …………………2024

C. Munak’s confessional statement is admissible. This is because, he merely retracted the

E. Counter affidavit in opposition to bail application:

IN THE FEDERAL HIGH COURT OF NIGERIA

F. I will proper foundation by asking the witness the following questions:

This Summons was taken out by Emokiniovo Dafe-

FOR SERVICE ON:

Affidavit in support for the 1st defendant:

IN THE HIGH COURT OF LAGOS STATE

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY,

This Summons was taken out by Emokiniovo Dafe-

FOR: INDIA CONSTRUCTION AND ENGINEERING COMPANY INC

c) The procedure for on-line registration of companies includes:

d) The various types of directors under CAMA includes:

e) The various ways of appointing a director includes:

a. Statutory letter of demand:

The Managing Director,

STATUTORY NOTICE OF DEMAND TO REPAY N60, 000, 000. 00 LOAN

c. Special resolution for appointment of a liquidator:

FEDERAL REPUBLIC OF NIGERIA

d. The legal implications of appointment of a liquidator are:

GODS FAVOUR CHAMBERS

APPLICATION TO CONDUCT INVESTIGATION ON OLE BURUKU NIGERIA LIMITED

d. Other line of action available to the minority shareholders include:

1. Convene a Board meeting and pass a Resolution authorizing the loan.

c. The remedies available to the bank to recover the loan includes:

d. The records the company must keep includes

b. Draft of the parts of the legislation:

Ibiye Gogomari Ledger Account for the Month of November 2021

Toyota Car Account:

Air conditioner Account:

Book shelve Account: