THE ACADEMIC COMMITTEE, LAW STUDENTS’ SOCIETY.

2017/2018 ACADEMIC SESSION

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Preface

Pursuant to section 20(2) of the constitution of the Law Students’ Society, The Academic

Committee derives its relevance and constitutionality and as well is vested with certain functions. However,

in a bid to achieving its aim and objectives, it became obligatory for a compilation of past questions.

This resource is channeled towards achieving academic excellence of members of the Law

Students’ Society in pursuit of their legal career in our prestigious faculty of law. The purpose of this

resource cannot be overemphasized. Studies have shown that studying past questions is a valuable and ultra-

expensive part of exam preparation which helps keep revision focused on important topics and as well

mastering the style of the exam questions thus providing a practical insight into the forthcoming exam. For

instance, the time length of the exam, typical number(s) of questions, number of choices provided, recurring

questions and a host of other beneficial discernments.

Nevertheless, the committee salutes THE LUSTROUS TEAM (‘17/18 Executive Council) for

their munificence towards making this resource free for the whole society. Also, commendation goes to all

persons who were instrumental in one way or the other to the compilation of this Academic Resource.

Accordingly, for your educational benefit and the love of your Grade Point (GP) and your

cumulative Grade Point Average (CGPA) as the case may be, peruse laboriously and your A’s are

guaranteed.

Oyekan T. Olabode
Ag. Chairman,
Academic Committee 2017/2018
Law Students’ Society.
O.A.U, Ile-Ife.

June, 2018

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Foreword
A ROAD TO YESTERDAY: THE ESSENCE OF THE PAST IN FUTURE.

To know what a thing is, said a sage, recourse must be made to what it had been and what it tends

to be. Martin Luther King Jr. also averred, nothing in the world is more dangerous than sincere ignorance

and conscientious stupidity.

Again, success in law exams has been predicated on diligently going for classes, reading of lecture

notes, researching with useful materials and ultimately, solving PAST QUESTIONS.

The purpose of this past question is therefore to serve as guidelines to law students.

It is sincerely hoped that the Past Questions provided in this booklet will not only shake off abecedarian

approaches to questions but also invoke scholarly pieces characterized with ratified perspicacity and

unprecedented dexterity.

As I close, my heartfelt gratitude goes to all who have contributed tremendously and painstakingly

against all odds, to the success of this contribution particularly the ‘17/18 Academic Committee. You have

consciously rendered your quota to the raising of heads; the Lord will bless you and make you fruitful in

your dealings.

Regards,
Adedigba Daniel,
President,
Law Students’ Society. OAU

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OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE, NIGERIA

FACULTY OF LAW
PART IV HARMATTAN SEMESTER EXAMINATION (2016/2017)
JPL 403: EQUITY & TRUSTS I (HARMATTAN)
Instructions: Answer four questions in ALL with at least one question each from each
Section
Time Allowed: 3 hours
SECTION A
1. ‘Most legal system at different times in history have felt the need to moderate the rigor of the
legal rules. Though these assumed different names at different times. It may nevertheless be
considered under the general name of equity. By applying what is fair and just, equity attempts
to eliminate the harshness which might have resulted from the strict application of legal rules;
equity in this sense is synonymous with justice’ J O Fabunmi, Equity & Trusts in Nigeria, 1st
Edition, University of Ife Press Ltd (1986). Critically examine this statement in relation to the
origin and evolution of the body of rules generally referred to as technical equity in English law
2. Write full notes on any of the following
(a) The Earl of Oxford’s case and thee development of Equity
(b) The Judicature Acts 1873-1875
SECTION B
3. ‘Every person has the capacity to make a will irrespective of whether or not such person is
subject to customary law under the wills law’ – E.I… Family Law in Nigeria, critically examine the
exceptions in this rule
4. Write full notes on any two of the following
(a) Privileged Will
(b) Revocation of Will
(c) Nature of Will
(d) Administration of Estates under customary law
SECTION C
5. Although both the equitable defenses of laches and acquiescence are often referred to as twin
because they always go together; they are not exactly the same thing. Discuss with the aid of
decided cases
6. Make a succinct distinction between legal and equitable mortgages and also discuss in full the
powers and remedies of a legal mortgage
7. Write short but critical notes on any three of the following form of injunctive equitable remedies
(a) prohibitory and mandatory injunctions
(b) ex parte injunction
(c) interlocutory and perpetual injunctions
(d) general conditions of granting injunctions
(e) mareva and anton pillar Injunctions
(f) specific performance

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OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE, NIGERIA

FACULTY OF LAW
PART IV HARMATTAN SEMESTER EXAMINATION (2016/2017)
JPL 403: EQUITY & TRUSTS II (RAIN)
Instructions: Answer four questions in ALL with at least one question each from each
Section
Time Allowed: 3 hours
SECTION A

1. ‘Wills are the best wishes of the testator about how he would have wished things are done
when he has died’. With the foregoing in mind, critically discuss the formal and informal
requirement of making a valid Will and the termination of a Will, using decided cases and
statutory authorities to back up your positions.
2. Consider the validity of the following
(a) A will found in the drawer in the room of a testator
(b) Bola (21) single but getting married in about 3 months from now made a will today
(c) Lucas (14) about to be airlifted to Maiduguri by the Military authorities to fight Boko Haram
(d) Mr Bayo (41) made a will bequeathing his property to his two natural children and his
adopted son

SECTION B

3. (a) The importance of Notice in protecting both legal right and equitable rights and interest
cannot be over-emphasized in Nigeria. Discuss (13 marks)
(b) Discuss the basic differences in the statutory provisions governing the doctrine of notice
under the then Western Region and the Northern part of Nigeria (4.5 marks)
4. ‘Academic writers disagree as to the correctness of the distinction between equitable interest
and mere equities’ – Fabunmi J O, Equity & Trusts in Nigeria 2nd ed, p 163. With the foregoing
statement in mind, critically discuss the distinction between equitable interest and mere
equities

SECTION C

5. In the English case of Commissioner of Income tax v. Pemsel (1891), Lord Mcnaghttan gave a
summary of the purposes of charitable trusts and categorized them into four heads. Discuss
elaborately any two of such categorization of charitable trusts and state at least two advantages
of a public or charitable trust over a private trust.
6. Certain circumstances may give rise in the need to appoint a new trustee to fill the vacuum
created in the number of the existing one. Discuss with the aid of case laws and statutory
provisions the processes by which the first and subsequent trustees of a trust are appointed.
7. Write short but critical notes on any three from the following
(a) half and fully secret trust (b) completely constituted and incompletely constituted trusts
(c) the perpetuity rule and the cypress doctrine (d) remedies for breach of trust
(e) termination of trusteeship (f) express and constructive trust

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 THE ACADEMIC COMMITTEE, LAW STUDENTS’ SOCIETY. 2017/2018 ACADEMIC SESSION

OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE, NIGERIA

FACULTY OF LAW
LLB PART IV HARMATTAN SEMESTER 2016/2017 SESSION EXAMINATION
LAW OF EVIDENCE 1 (PUL 401)
Instructions: Answer four questions in ALL at least one question each from each Section
Time Allowed: 3 hours
SECTION 1
1. One striking feature of the Nigerian law of Evidence and indeed all laws of evidence that derived
their source form the English common law is its exclusionary attitude or nature towards fact.
Normally, the logical expectation would be that in the determination of facts that would
facilitate the resolution of disputes brought before the court by litigants, the reasonable and
satisfactory approach would be the adoption of rules that permits all facts that is probative to
be presented to the court unless where doing so would lead to obvious injustice or prejudice to
one of the parties. This however is not the case as the rules of evidence often exclude facts
which ideally, people would give serious considerations and never discountenance in taken
decisions on a day to day basis in their interactions and dealings with fellow human beings as
the align with common sense and logic…. Discuss.
2. As a result of the activities of Boko Haram insurgents in the North Eastern part of Nigeria, the
Federal Government declared a state of emergency and enacted laws forbidding the possession
of firearms and ammunitions by citizens in the area. Alagidi was arrested and charged with
being in possession of ammunitions contrary to the emergency regulation at the Federal High
Court of the Federal Capital Territory. His defense was that he was acting under duress and he
sought to give evidence of what had been said to him by Boko Haram terrorists. At the trial, the
judge excluded this evidence as hearsay and Alagidi was convicted. He then appealed to the
court of appeal which held that the evidence was admissible and quashed the conviction on the
ground that the repetition by a witness of the statement of an absent person is not hearsay,
when the evidence is adduced merely to prove that the statement was made irrespective of its
truth. The state intent to file an appeal at the supreme court against the court of appeal’s
decision. With the aid of decided cases, advise the state on this matter.
SECTION 2
3. Admission is not a game of chance; it is not a subject of speculation or conjecture. On the
contrary, it is a total and comprehensive statement orally made or in writing suggesting a clear
and unequivocal inference as to any fact in issues or relevant facts unfavorable to the conclusion
contended by the person by whom or on whose behalf the statement is made.
Engage this statement in the context of who can make and the circumstances in which
admission can be made under the Evidence Act
4. Similar fact, though not often cogent, moral and weighty or logically relevant are rejected as
legal evidence on the grounds of policy and fairness since they tend to waste time, embarrass
the enquiry with collateral issues prejudice the parties in the eyes of the court and even
encourage attacks without notice
With the aid of statutory and judicial authorities, write exhaustively on admissibility of evidence
of similar facts

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SECTION 3
5. Adeolu, Tokunbo, Sunmonu and Tunde who are friends were charged with obtaining the sum of
N500,000 by false pretenses that they had four-bedroom property to let. At their trial, Adeola
called his wife, Comfort to testify that he (Adeola) had never been involved in any act bordering
on dishonesty. Tokunbo in giving his evidence said that on three separate occasions he had
found he sums of money and returned same to their owners; Sumonu in his own defense
accused the Director of Public Prosecution (DPP) who was prosecuting them of undue
victimization because he had demanded bribe from him on another case involving the two of
them in the past. Tunde denied ever participating in the alleged crime and put the blame on the
three accused persons. The prosecution intends to give the following facts in evidence:
(a) that Adeola had been convicted of rape 3 years earlier which led to his dismissal from his job
as an accountant in Owode Polytechnic on allegation of misappropriation of funds
(b) that Tokunbo had been convicted for conversion by a chief Magistrate court earlier in his
career
(c) that Tunde had obtained three years before this present case the sum of N300,000 from one
Agnes by making a similar pretense and was convicted of the crime.
Advise the trial judge on admissibility or otherwise of the fact in issue.
6. The doctrine of Res Gestae is a well-established common law principle which was previously
admissible under Section 5(a) of the old Evidence Act but now inadmissible under the Evidence
Act 2011. With the aid of statutory/judicial authorities, discuss the condition which must be
fulfilled before the doctrine of Res Gestae become applicable at Common law
SECTION 4
7. (a) Discuss the meaning, scope and the application of irrebutable presumptions of law within
the scope of the Nigerian Evidence Act 2011
(b) Examine the term ‘Rebuttable Presumption of Law’ in its meaning, extent and relevance
within the context of the Evidence Act, 2011 fiving preferences to appropriate judicial
authorities
(c) write a short note on presumption of sanity
8. (a) Recall the provision of Section 145(1) of the Evidence Act, 2011
(b) Make one full statement to assert the role of presumption in the law of Evidence(c) What are
the notable areas of relationship between a presumption of fact and a presumption of law
(d) Discuss briefly the subject of presumption of death.

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 THE ACADEMIC COMMITTEE, LAW STUDENTS’ SOCIETY. 2017/2018 ACADEMIC SESSION

PUL 402 (LAW OF EVIDENCE II) QUESTION (TEST)

Mr Black briefed Mrs Imodotun his legal secretary to write his wife Mrs Black to confirm authenticity or
otherwise of allegation of adultery made against her by a co-worker. Omogbona Esq who was retained
by Mrs Black replied the letter affirming the allegation but added that Mrs Black informed her that it
was done in retaliation to the unfaithfulness of Mr Black to his marital vow. Omogbona Esq however
marked the letter ‘without prejudice’. In a subsequent action for dessolution of marriage, Mrs Imodotun
who had been sacked by Mr Black was listed by Omogbona Esq as one of the witnesses for her client.
Allen Jay Esq, representing Mr Black knows that Chief Imodotun is a ritualist and he is delight that he will
have the opportunity to expose Chief Imodotun during cross-examination of his wife.

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FACULTY OF LAW
OBAFEMI AWOLOWO UNIVERSITY
2016/2017 RAIN SEMESTER EXAMINATION
PART FOUR LLB EXAMINATION
LAW OF EVIDENCE II (PUL 402)

INSTRUCTIONS

1. Attempt Four of the Questions out of which at least, one must be chosen from each of the
sections
2. Time allowed. 3 hours

SECTION A

1(a) In what circumstances, if any will opinion evidence of a non-expert witness be admitted?
(b) Janduku was charged with illegal exporting foreign currency contrary to the directive of the Central
Bank of Nigeria. At his trial, the prosecution intends to call Mr Gbeborun, a branch manager of Eagle
Continental Merchant Bank PLC who has been engaged in banking business in Nigeria for 24 years as a
witness to give evidence on the law and practice with regard to currency notes that were illegal tender
in Republic of Benin as expert evidence. The defense counsel intend to raise an objection to appearance
of Gbeborun as an expert witness.
With the aid of decided cases, examine the chances of success of his objection

2. ‘In this age of sophisticated technology, photo=tricks are the order of the day and secondary
evidence… could be turned and therefore not authentic. Photo tricks could be applied in the process of
copying the original documents with the results that the copy which is secondary evidence does not
completely or totally reflect the original… the court has not eagle to detect such trick’ (Niki Tobi Jsc in
Areka v Egbue (2003) 7 SCNJ 114. Against the background of the above observation, comment on the
safeguard in the Evidence Act to ensure that only genuine electronically governed evidence is admitted

SECTION B

3. Mr Black briefed Mrs Imodotun, his legal adviser to write his wife, Mrs Black to confirm authenticity
or otherwise of allegation of adultery made against her by a co-worker. In the reply of Omogbona Esq
who was retained by Mrs Black, he denied the allegation and stated that it was Mr Black who was
unfaithful to his marital vow which Mr Black admitted in a client/counsel conference he held with Mrs
Imodotun. Omogbona Esq did not mark his reply ‘without prejudice’. In a subsequent action for
dessolution of their marriage, Mrs Imodotun was listed by Omogbona Esq as one of the witness for her
client, Mrs Black. Allen Jay Esq representing Mr Black knowns that Chief Imodotun is a ritualist and he is
delighted that he willnhave the opportunity to expose Chief Imodotun during cross examination of his
wife.

With the aid of judicial and statutory authorities, advise the parties on the issue of
privilege. Will your answer be different if Mrs Imodotun has left the employment of
Mrs Black?

4. Kunle, Ola, Femi and Olu offered to sell Jide, a kidnapped 11 years old boy to Awojhiginni, a
native doctor. Awojhiginni informed the D.P.O Area C Division at Ile-Ife and he detailed Corporal

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 THE ACADEMIC COMMITTEE, LAW STUDENTS’ SOCIETY. 2017/2018 ACADEMIC SESSION

Dorcas, a police detective, who pretended as a buyer that needed the boy for money-making
rituals. After selling the boy to the buyer for N200,000, all of them were arrested. At the trial of
some of the accused for conspiracy, kidnapping and trading in human beings. Kunle and Corporal
Dorcas testifying for themselves denied participating in the crime. Kunle put the whole blame on
Tunji who is the uncle of Jide as the mastermind. Corporal Dorcas gave evidence that Tunji was
the one that collected the money. Olu for whom a nolle prosequi have been granted testified for
the prosecution and put the blame on Tunji. Femi testifying on behalf of the prosecution denied
involvement in the crime and put the blame on both Olu and Tunji. Jide gave evidence that it was
Tunji that came to take him from school to an unknown destination. Jide’s evidence was
confirmed by Banjo his class mate who was 14 years old at the time. Advise the presiding judge
on issues of corroboration

SECTION C

5. With the aid of decided cases, state the conditions for the application of ‘Estoppel per Rem
Judicatum’

6. No husband or wife shall be compelled to disclose any communication made to him or her
during marriage by any person to whom he or she is or has been married nor he or she be
permitted to disclose any such communication, unless the person who made it or that person’s
representative … consents, except in suits between married person is prosecuted for an offence
specified in Section 182(1) of the Evidence Act 2011

SECTION D

7(a) Explain the term ‘Burden of Proof'

(b) Relying on relevant judicial authorities, discuss the universal principle of Burden of Proof in
Criminal Cases?
(c) Are there exceptions to the principles discussed in (b) above

8(a) Recall exactly the provision of section 175(1) of the Evidence Act
(b) Barrister Ikemba has just been appointed as a Chief Magistrate in Enugu State. In one of his
inaugurated seatings, a child appeared to testify at a trial before him. As a new magistrate he
has consulted you on how to handle such a situation. Let us have your piece of advice with
relevant statutory and judicial authorities.

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OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE, NIGERIA

FACULTY OF LAW
PART IV HARMATTAN EXAMINATION (2016/2017)
INL 401: PUBLIC INTERNATIONL LAW 1

Instruction: Answer four (4) questions in all with at least two questions from each section

Time Allowed: Three (3) Hours

SECTION A

1. In the light of modern development and realities, the idea that only states are the
subject of International aw is no longer true. Discuss
2. (a) Discuss the doctrine of monism and dualism with regard to the relationship between
International Law and Municipal law
(b) Section 12 of the 1999 constitution of the Federal Republic of Nigeria provides as
follows: “No treaty between the Federation and any other country shall have the force
of law except such treaty has been enacted into law by the National Assembly”
What doctrine does this give prominence to and what are the advantage of the
provisions
3. Discuss the various ways by which a person can acquire and forfeits his nationality

SECTION B

4. (a) Write short but critical notes on any three of the following concepts in relation to
State Succession under International Law (a) Dismemberment (b) Continuation and
Clean State principle (c) Succession to State property (d) Succession to Nationality
OR
(b) According to the provision of Article 1 of the Montevideo Convention on Rights and
Duties of State 1933 the very notion of a State under International Law connotes the
convergence of at least four essential elements in the entity so called. Discuss the
following modes: Succession, Grant of Independence, Vanishment, Plebiscite, Award,
Cession, Occupation and Annexation
5. The Vienna Convention of Diplomatic Relation 1961 provides for the functions of
Diplomatic missions and also immunities to be enjoyed by diplomatic agents. With
specific reference to Article 22 (Inviolability of Premises), Article 29 (Personal Immunity),
Article 37 (Immunity of Members of the Family of a Diplomatic Agent) discuss the
functions of diplomats and immunities provided in the Convention.
6. According to Malcolm Shaw, the author of the book International Law, recognition of
states involves consequences both on the international plane and within the municipal
laws of the state. Elaborately discuss the concept of recognition of states and make a
succinct distinction between recognition of state and recognition of government.

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OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE, NIGERIA

FACULTY OF LAW
PART IV RAIN SEMESTER EXAMINATIONS (2016/2017)
INL 402: PUBLIC INTERNATIONAL LAW II

Instruction: Answer Four (4) Questions in ALL with at least TWO QUESTIONS from each
section

Time Allowed: Three (3) Hours

SECTION A

1. One of the biggest setbacks of the ECOWAS treaty of 1975 is the failure of the Trade
Liberation Scheme. Upon the perceived problem encountered by the 1975 treaty a
revised treaty was signed into law in 1993 which attempts at correcting this and other
problems. Discuss, highlighting salient differences in the two ECOWAS treaties
2. Write critical notes on any two of the following
a. Effects of the outbreak of war
b. War and International Armed Conflict
c. Rights and Duties of captor state as provided for in the Geneva Convention
3. Article 3 of the Constitutive Act (CA) of the African Union (AU) states the objectives of
the Union which are lofty, encouraging and far-reaching. Emphasis has shifted from that
of struggle against colonialism under the Organization of African Unity (OAU) to
involvement of African countries to play useful role in the world economy. Has the AU
achieved its objectives? Supply incisive commentaries
4. Established under Article 7(1) of the Revised ECOWAS Treaty 1993, the AHSG’s decision
are to be adopted either by unanimity, consensus or a 2/3rd majority of members
depending on the subject matter under consideration. Furthermore, Article 58(2) of the
1993 treaty provides that members are under obligation to co-operate with the
community in establishing and strengthening mechanism for conflict prevention and
resolution. Examine how ECOWAS has fared under these new inclusions to the ECOWAS
treaty.

SECTION B

5. Using a current situation, as a case study, describe how the Security council has applied
law to either
CHAPTER VI of the United Nations Charter OR
CHAPTER VII of the United Nations Charter
6. (a) What is the difference between retorsion and a reprisal in the context of use of
force?
(b) Giving examples to support your answer, would a state be justified to resort to force
occupation of an armed attack

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 THE ACADEMIC COMMITTEE, LAW STUDENTS’ SOCIETY. 2017/2018 ACADEMIC SESSION

OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE, NIGERIA

FACULTY OF LAW
2016/2017 RAIN SEMESTER
LL. B EXAMINATIONS

BUL402: LAW OF INSURANCE II

Instructions: Answer any four question in all. Time Allowed: 3 Hours

1. Critically examine the principle of indemnity and its application to make insurance in
Nigeria
2. The liability of and insurer under a policy of insurance is to make good the loss by
payment in money.
Explain the circumstances and legal implications of election of right to reinstate by an
insurer
3. Write exhaustively on the doctrine of contribution and its applicability to insurance
contract
4. (a) In construction of insurance policy, the contra proferentem rule is a double edged
sword. Discuss
(b) How does a ‘knock for knock’ agreement operate in insurance contract?
5. Reinsurance is a method of risk sharing between insurers. Examine comprehensively the
classifications of reinsurance and the differences between contract of insurance and
reinsurance
6. Mrs Yaboske insured her household goods under a house-holder comprehensive
insurance with Weydem Insurance Company. The assured’s home was burgled and
some goods were stolen. Contrary to the stipulation of the policy that a written notice
of any loss must be reported to the head office of the insurer by the assured within
seven days. Mrs Yeboske reported at the police station close to her residence and
instructed her daughter Miss Palemo to give notice of the loss to the insurer orally and
by text messages. Palemo reported the loss to Mr Showboy, the insurer’s new agent at
the head office of the insurer and the agent reported the loss to the head office on his
mobile phone. The insurers investigated and rejected liability on the ground of breach of
the condition relating to notification of loss. Discuss. Will your answer be different if
there is not stipulation in the policy requiring the assured to give formal notice of loss?
7. It has been argued that essentially, the principles of the law of agency as it exists under
Commercial law transaction are exactly the same that operate under insurance
contracts
With the aid of appropriate statutory and judicial authorities, critically engage the
statement with a view to bringing to the fore key ingredients of Agency in law of
insurance

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 THE ACADEMIC COMMITTEE, LAW STUDENTS’ SOCIETY. 2017/2018 ACADEMIC SESSION

OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE, NIGERIA

FACULTY OF LAW
2016/2017 PART IV LL.B. DEGREE HARMATTAN SEMESTER FINAL EXAMINATIONS
INTELLECTUAL PROPERTY LAW I (BUL 403)

Instructions: Answer Four questions out of which at least One question must be chosen
from each section

Time Allowed: Three (3) Hours

SECTION 1

1. How rational is the rationale for the legal protection of intellectual property?
2. Write exhaustively note on any two of the following
(a) Annie Pillar Order
(b) Optical Disc Regulation, 2007
(c) Nigerian Copyright Commission and Copyright enforcement in Nigeria
(d) Collective Management Organization (CMO) in Nigeria

SECTION 2

3. Computer technology exerts a very strong impact on intellectual and creative

expressions. In the context of extant copyright law in Nigeria, as in most other countries,
the impacts are more problematic than positive, both in terms of substantive law and its
enforcement. Examine this observation carefully.
4. The right of performers and expressions of folklores are treated as mere adjunct to
mainstream copyright works and are neither clearly spelt out nor given adequate legal
enforcement, including protection from opportunists and bootleggers. This, in apparent
ignorance of the potentials and vulnerabilities of these vital genres of intellectual
property. Critically analyze, and discuss this statement.
5. Write short notes on any two of the following
(i) Joint authorship of copyright work
(ii) Ownership of copyright in employee or commissioned works
(iii) Moral rights of authors of copyright works
6. More sentiments are expressed nowadays in favor to free access to and transfer of
knowledge as against strict application of copyright law. In this context, do you think it is
expedient to continue to recognize and /or enforce exclusive and monopolistic control
over works of copyright in favor of so called authors?

SECTION 3

7. Has TRIPS been a benefit or burden in meeting the health care needs of non-
industrialized countries?
8. Evaluate the salient provisions of the Berne Convention

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OBAFEMI AWOLOWO UNIVERISITY, ILE-IFE, NIGERIA

FACULTY OF LAW
2016/2017 PART IV LL. B DEGREE RAIN SEMESTER FINAL EXAMINATIONS
INTELLECTUAL PROPERTY LAW II (BUL 404)

Instructions: Answer Four questions out of which at least One question must be chosen from
each section
Time Allowed: Three (3) Hours

SECTION 1

1. It is not all inventions that are patentable in Nigeria. Discuss

2. Write full and exhaustive note on any of the following
(a) Legal Regime of compulsory licensing in Nigeria
(b) The concept of patent infringement and the remedies to infringement actions

SECTION 2

3. “In today’s global market, industrial design is recognized as a powerful corporate tool
and it plays an increasingly critical role in economic development” carefully discuss this
statement in the light of Nigerian law and policy in the area of industrial design
4. “It is unclear, the extent to which the various proposals made for the protection of TK
reflects the aims and cultural value of the traditional and indigenous community they
intend to serve. There is a risk of transferring to such community concepts and paradigm
which are not suited to their realities or which may prove ineffective to solve the
problems they are supposed to address” in the light of this statement, should Nigeria
begin to pay more attention the protection of TK and how best can she achieve that
5. The protection of plants varieties remains an issue which is far from settled, generally
and particularly in Nigeria. The major problem is that many of the existing frameworks
of protections are hard to justify. Discuss

SECTION 3

6. With the aid of statutory provision and case law, discuss the common law tort of passing
off in the protection of trademarks
7. Analyze the four major defenses in trademark enforcement litigation
8. What is defensive trademark registration?

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 THE ACADEMIC COMMITTEE, LAW STUDENTS’ SOCIETY. 2017/2018 ACADEMIC SESSION

LAW AND MEDICINE I- PUL403: 2016/2017 HARMATTAN SEMESTER CONT/ASSESSMENT – 40

MINS

1. Analyze briefly the two essential points of intersection between legal and medical
practice bringing out in the process what benefit legal practice or a legal practitioner
might derive from a reasonable knowledge of medicine and medical practice

OR
2. Carefully discuss the circumstances in which medical practitioners might incur liability in
contract and I crime in the context of providing professional services to patients

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 THE ACADEMIC COMMITTEE, LAW STUDENTS’ SOCIETY. 2017/2018 ACADEMIC SESSION

OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE, NIGERIA

FACCULTY OF LAW
RAIN SEMESTER 2016/2017 SESSION EXAMINATION
LAW AND MEDICINE II (PUL 404)

INSTRUCSTIONS: ANSWER ANY FOUR QUEATIONS. TIME ALLOWED: 2 Hours 45 minutes

SECTION A

1. Mrs. Amingo, a resident of Ile-Ife, is a struggling single mother with several children to
care for after being abandoned by her former husband. She has discovered that she and
her fifteen-year-old daughter are pregnant following unfortunate rape incidents by
robbers. Faced with the economic burden of coping with taking care of new babies,
among other considerations. Ms Amingo decides that she and the daughter should have
abortions. All the doctors refuse to undertake the abortion for then on the ground that
the pregnancies do not in any way constitute a threat to the health or lives of the two.
Moved by the circumstances of the two, Dr. Showboy has successfully undertaken the
abortions for them without any harm whatsoever. Dr Showboy and Ms Amingo have now
been charged for illegal abortions under the provision of section 228 – 230 of the Nigerian
Criminal Code. Amingo’s daughter is not charged because she is a minor. If you happen
to defend the accused in court what case can you state for them?
2. Itu-baba is a thug with intimidating credential in street-fighting, rioting and other acts of
hooliganism. In a street-fight, Itu-baba met his superior in Mr One-blow; Itu baba was
fatally beaten and was rushed to hospital for treatment. In the course of medical
examination, it was discovered that Itu-baba due to severity of internal and external
injuries suffered would only survive for about six months in terrible pains. To avoid living
in pains and suffering for six months, Itu-baba instructed his doctor, Dr Nenepo to help
him die quickly and in dignity. Itu-baba signed a legal document prepared by his lawyer
specifically consenting to the termination of his life through the expertise of Dr Nenepo.
Purporting to act ‘in the best interest of his patient’, Dr Nenepo injected Itu-baba with a
noxious substance which killed him within five minutes. Dr Nenepo has now been charged
with killing Itu-baba. Examine the legal issues. Would your position differ if at the point
when Dr Nenepo was to inject, Itu-baba was brain dead
3. Write brief but comprehensive notes on the following
(a) Abortion as a legal and human right issues
(b) Legal and human rights perspective of euthanasia in Nigeria

SECSTION B

4. The legal loophole created by the failure to have definite legal regime governing IVF in
Nigeria may among other flips, result in foreign biotech companies shifting their
laboratories to the country to carry out activities that are legally prohibited in their
home countries. Carefully discuss this and other basis to regulate IVF in Nigeria
5. Human Cloning and Stem Cell research offer tremendous promise for biomedicine. They
also raise vexing ethical, social and policy challenges that can only be properly

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addressed by creating, not only national legislative response but also, mandatory global
standard. Critically examine this statement.
6. Surrogacy arrangement is as bad a scam as baby farms/factories which exploits couples
desperate for a baby without regard to complex social, ethical and legal problems
involved. In Nigeria, a society where corruption is endemic, healthcare and childcare
system are prone to questionable schemes to which law, law makers and the society in
general seems oblivious or unconcerned. Carefully analyze
7. In Colorado, U.S., a department of health and environment program offered free birth
control and teen pregnancy, birth and abortion rates fell by 42 percent. Some
conservatives argue that the program could encourage promiscuity and undermine
parental rights and are taking efforts to block public funding for the continuation of the
program. Carefully but briefly examine cogent issues in access to birth control measures
that can properly engage state intervention. Whether at the policy, law or even judicial
level
8. Write a brief note on any two of the following:
(a) Legal and Ethical boundaries for the use of PGD in human reproduction
(b) A brief analysis of Judith Ponter et al vs. John Ponter and Aetna Casualty and Life co
(c) Legal regulation of Scientific freedom and innovative research

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OBAFEMI AWOLOWO UNIVERISITY

FACULTY OF LAW
2016/2017, RAIN SEMESTER EXAMINATIONS
LAND LAW II JPL402

Instruction: Answer any four questions

Time Allowed: 3 hours

1. Ayomide claims ownership of an expanse of land at Oshogbo in Osun State allegedly

compulsorily acquired by the government on the revocation of the deemed grant of a right of
occupancy in his favor to establish a community hospital. The government is relying on section
28 of the Land Use Act while Ayomide contends that no notice of revocation was served on him.
Advise the parties.
2. Section 1 of the Land Use Act 1978, which vested control of land comprised in each territory of
the state in the state governor includes mineral resources. Do you agree?
3. The common law recognized a limited number of rights which one land owner could acquire
over the land of another and thee rights are called easement and profits. An easement is a
privilege without profit. Discuss the distinguishing features of these rights their acquisitions,
extinguishment and remedies for infringement
4. Examine the legal regime for the management and control of land in urban and non-urban areas
in Nigeria
5. Analyze with the aid of judicial authorities the effects of alienation of land either by way of
conveyance, sale, mortgage of land without the Governor’s consent first had and obtained
under the Land Use Act 1978
6. Distinguish between a deemed grant and grant of customary rights of occupancy under the Land
Use Act. To what extent is a valid revocation of a right of occupancy granted under the Land Use
Act subject to the payment of compensation to the occupier or holder?
7. (a) With the aid of statutory and judicial authorities, highlight and discuss the essential features
of a lease. How can a lease be created and determined
(b) What are the implied and express covenants imposed on both the tenant and the landlord

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OBAFEMI AWOLOWO UNIVERISITY, ILE-IFE, NIGERIA

FACULTY OF LAW
PART IV RAIN SEMESTER EXAMINATION (2016/2017)
INL404: CONFLICT OF LAWS II

Instructions: Answer four (4) questions in ALL with at least one questions each from each
section.

Time Allowed: Three (3) hours

SECTION A

1. The Foreign Judgement Reciprocal and Enforcement Act makes provision for the enforcement in
Nigeria of judgement given in foreign countries which accord reciprocal treatment to judgement
given in Nigeria as well as for other purposes connected with the matters aforesaid. This is in
addition to other means (in common law) by which foreign judgement could be enforced in
Nigeria. Attempt a critical exposition on any one of the two options (1) enforcement of foreign
judgement at common law OR (2) enforcement of foreign judgement under the Act
2. The call for a uniform conflict of law rules across the myriads of legal system world over has
been more a mirage than reality. This is because the rules of conflict of laws differ nearly as
much from each other as those on internal (municipal) law. Make a critical and exhaustive
comment
3. The rule is that succession to movable property on intestacy is determined by the deceased’s
personal law while for immovable, the rule that govern is the lex situs. Comment on the
development of these principles through the cases of GEORGE V GEORGE, LANLEHIN V RUFAI
and SALUBI V NWARIAKU
4. ‘…it is clear that recognition and enforcement are not necessary in every case, even though
enforcement necessarily involves recognition’ I O Omoruyi. An introduction to Private
International Law, Nigerian Perspectives P282. Distinguish between recognition and
enforcement of foreign judgement.

SECTION B

5. An illegitimate child was once regarded as nullius fullius. Today, the development in conflict of
laws has tempered the rigor of the old law to now accept certain reality concerning the
paternity and the right of a child born outside wedlock. With copious reference to statutes and
case laws, discuss the development in modern legislations regarding the status of a child born
outside wedlock and the respective requirements of legitimacy in relation to the personal law of
such a child.
6. Prior to 1861, resolutions of all issues relating to validity of a marriage was referred to the lex
loci celebrationis. However, in Brook v Brook (1861), the House of Lords distinguished between
the formal validity of a marriage and its essential validity. Critically analyze the impacts of
conflicts of laws on the institution of marriage as we used to know it and draw a clear distinction
between the respective issues.

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OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE, NIGERIA

FACULTY OF LAW
PART IV HARMATTAN SEMESTER EXAMINATIONS (2016/2017)
INL 403 CONFLICT OF LAWS I
Introduction: Answer Four (4) Questions in All with at least TWO questions
from each section
Time Allowed: Three (3) hours.
SECTION A

1. As a consequence of competitive nature of commercial environment and the need for parties
involved in international commercial litigation to try to gain procedural advantages over one
another, a party may bring action where it is not convenient to the party. The
inconvenienced party may therefore proceed to court to apply for a stay of action. Keeping
the scenario above in mind, discuss any two of the following:
(a). Forum non Conveniens
(b). Lis alibi pendence other
(c). Foreign jurisdiction contract.
2. With necessary statutory and judicial authorities, critically examine the concept jurisdiction
in rem under Private International Law.
3. ‘’An action in personam is an action brought against a person to compel him to do a
particular thing… or to compel him not to something… it does not include Admiralty
actions in rem, probate actions, administration actions, petitions I n matrimonial causes…’’
J.H. Moris, The Conflict of Laws, (3rd Ed.) p 64.
Having the Morris’ quotation serving as contextual background, discus the concept of
jurisdiction in personam under Private International Law.
4. Conflict of Laws is part of the private laws of a country that deals with cases having foreign
elements. Expatiate on the above with particular attention on the sources of conflict laws
in Nigeria, pluralism of laws in Nigeria and functions of conflict of laws.
SECTION B

5. (a) ‘’ Conflict of laws jurisprudence is concerned essentially with just disposal of proceedings having a foreign
element. The jurisprudence is founded on the recognition that in proceedings having connections with more than
one country an issue brought before a court in one country may be more appropriately decided by reference to
the laws of another country even though these laws are different from the law of the forum court.’’ Per Lord
Nicholla of Birkenhead in Kuwali Airways Corporations v. Iraqi Airways Company (Nov 4 and 5)
[2002] A.C. 883 at para 15. With this dictum in mind, discuss your understanding of the
concept of characterization and the various approaches to resolving issues arising from its
application.

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OR
(b) ‘’…the problem of characterization has no practical significance and its
importance has been exaggerated. It is true that conflicts of characterization have arisen
in relatively few cases and that the process of characterization is frequently simple and
even obvious. But in some cases it is difficult and these are the cases which have been
most discussed and the results in which they have been received with least enthusiasm.
Hence the problem of characterization does seem to have practical as well as academic
interest and some knowledge of its nature is essential for any serious student of the
conflict of laws.” R.F Oppong. (2013). Private International Law in Commonwealth Africa
(1st ed.). Cambridge University Press: United Kingdom, p.494. Using your understanding
of the concept of characterization, critically asses the validity or the foregoing
quotation.
N.B – You can only attempt either of the above two-in-one question.
6. In conflict of laws, different factors connect individuals and issues with different
legal systems. These factors ultimately serve as guides to conflict of laws courts in the
process of characterization and the making of appropriate choice of laws. Critically
discuss the interplay between Domicile and Nationality as connecting factors.
7 The two old cases of Re Ross (1930) 1 Ch. 377 and Re Annesley (1926) 1 Ch. 692
perfectly illustrate the complexity as well as the conflicting consequences the
application of the doctrine of Renvol may produce in different contexts. Using these
cases as your basic guide, discuss the interplay between single (partial) renvoi and
double (total) renvoi.
8. For the purpose of internal conflict of laws in Nigeria, the fact that a citizen has
acquired a domicile of choice in a state different from that of his birth will not
necessarily change his customary or religious law which follows him from state to state
(per. Coker J. in Udom v Udom (1962) LLR 112). Discuss your understanding of the place
of domicile as a connecting factor for the purpose of resolution of internal conflict of
laws issues within Nigeria.

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OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE

FACULTY OF LAW
2016/2017 HARMATTAN SEMESTER EXAMINATIONS
INL 405: MARITIME LAW I
INSTRUCTION: The two (2) questions in section one are compulsory. Each carries 20 marks. Answer
any other two (2) questions in section two. Each carries 15 marks
TIME ALLOWED: 3 Hours
SECTION 1
1. ‘The genesis of the need for the cargo conventions can be traced back to the common law
principles relating to common carriers. The strict positon of the law was the catalyst that led to
creativity on the part of ship owners in their bid to avoid the effect of the law. As we know, only
too well, at common law, liability was strict and carrier could escape liability only if the cause of
the loss or damage was done by the king’s enemies or by such act as could not happen by the
intervention of man as storms lightning or tempest. It thus became the practice for the carrier to
exempt himself from loss due to various specified contingencies or perils. The lost grew with the
passage of time and the courts in the spirit of freedom of contract uphold such exculpatory or
exemption clauses. The Harter Act was passed in the United States to remedy the situation. The
Harter Act provided a model of unified rules which sets the stage for later contentions that were
to originate in Europe, starting with The Hague Rules’
(a) in the light of the foregoing, critically examine the historical background to the evolution oc
Cargo conventions
(b) what are the common point and areas of differences in (i) The Hague Rules and (ii) Hague-
Visby Rules
(c) in what ways are The Hamburg Rules an improvement on the Hague Rules and the Hague
Visby Rules?
(d) What changes have been effected to the existing maritime liability regimes by the Rotterdam
Rules
2. (a) ‘It was in the St. Paul’s (Cathedral) that Sir John de Beauchamp was buried and it was his
appointment in the year 1360 as ‘The King’s Admiral of the Fleets of ships of the South, the
North and the West that brought into being the court of Admiralty of England. Before this time,
the South, the North and the West had each their own Admiral, each exercising his own authority.
Sometimes these independent jurisdiction conflicted’
(b) ‘The history of Admiralty jurisdiction of Nigerian courts may be traced back to 1890 when the
colonial courts of Admiralty Act that came into force on the 22nd of July of that year was passed
by the imperial Parliament. Section 2(2) of the Act provided that the jurisdiction of the colonial
court of admiralty was to be over the like places, persons, matters and things as the Admiralty
jurisdiction of the High Court in England, whether existing by virtue of any statue or otherwise
(1) Against these background, critically examine the history of the Admiralty court and the
development of admiralty jurisdiction in
(a) England (b) Nigeria
(2) With reference to section 1 of the Admiralty Jurisdiction Act of 1991, comment exhaustively
on the subject upon which Admiralty jurisdiction may be exercised in Nigeria and y which court
3. “….there are two different aspects of maritime law – the internal regulations of each particular
state and regulations governing the relations with the authorities of other states or the ships of
other states. The seemingly simple process of ships, traversing the means from one country to
another or more often to a succession of countries is. Therefore, fraught with potential conflicts
and problems – especially legal problems. That is what maritime law is all about’.

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In the light of these, comment on (a) the subject matter of maritime Law in its national and
international aspects and (b) briefly on the sources of law
4. Maritime law has municipal and international dimensions. The sources of the law also follow
these dimensions with this observation in mind, critically examine the nature, scope and sources
of maritime law
5. The government department vested with ultimate control of shipping in all its ramifications is the
Federal Ministry of Transport. There are however, other bodies, agencies and authorities that play
significant role in the management and development of the marine industry in Nigeria. Discuss
with particular emphasis on:
(i) The Nigerian Marine Administration and Safety Agency (NIMASA)
(ii) The Nigerian Inland Waterway Authority (NIWA) and
(iii) The Nigerian Shippers Council
6. ‘The types of claims which may be heard and determined by the Federal High Court are classified
as (i) Proprietary Claims (ii) Maritime Liens and (iii) General or Statutory liens. The Admiralty
Jurisdiction Act 1991 distinguished between these claims in clear and explicit terms. Discuss
7. ‘Some of the privation of the 1982 convention simply restate provisions of the Geneva
Conventions representing established customary international law. Others, notably those on the
exclusive economic zone reflect what is now customary international law – reflecting State
practice before the 1982 convention was completed. Other provisions represent a departure from
established law and indicate the way in which the law is developing’
With the observation in mind, write full and critical notes on any three out of the following:
(a) Legal regime of Internal Waters, Ports and Harbors
(b) The Territorial sea and Contiguous Zone
(c) Exclusive Economic Zone
(d) Legal Regime of the High Sea
(e) The Right of Innocent Passage in International law
(f) The Continental Shelf
8. Although a ship is a movable object or property, its nature, function and characteristics are such
that from time immemorial, all nations by common agreement and international usage have
accorded a ship special rights and privileges. A ship is usually regarded as real property and
distinct from personal property. An action against a ship is regarded as an action in rem rather
than an action in personam. Matters relating to the arrest and detention of a ship are matters in
rem admiralty’
Discuss with particular emphasis on the ARREST OF SHIPS under International Law

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OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE

FACULTY OF LAW
FACULTY OF LAW HARMATTERN SEMESTER 2011/2012 SESSION
INL 405 MARITIME LAW 1
Instructions: The two questions in SECTION ONE are compulsory. Each Question carries 20 marks.
Answer any two questions in SECTION TWO. Each question carries 15 marks.
Time Allowed: Three (3) hours)
SECTION ONE
1. (a) “…It was in the St. Paul’s (cathedral) that Sir. John de Beauchamp was buried, and it was his
appointment in the year 1360, as the Kings Admiral of the fleets of ships of the South, the North
and the West” that fraught into being the court of Admiralty of England. Before this time, the
South, the North and the West had each their own Admiral, each exercising his own authority.
Sometimes these independent jurisdictions conflicted. Sir John de Beauchamp was therefore
given full powers of hearing plaints to those things which touch the office of Admiral, and having
cognizance in maritime causes and of doing justice, and doing all other things which pertain to
the office of Admiral as of fight and according to maritime law." With those observations in
mind, critically examine the history of the admiralty court and the development of admiralty
jurisdiction in (i) England and (ii) Nigeria. (10 marks).
(b) With reference to Section1 of the Admiralty Jurisdiction Act of 1991, critically examine the
subjects upon which admiralty jurisdiction may be exercised in Nigeria (10 marks)
2. (a) Critically examined the common points and the areas of differences in:
i. The Hague Rules, and
ii. The Hague-Visby Rules. (1 marks)
(b) In what ways are the Hamburg Rules an improvement on the Hague Rules and Hague Visby
Rule? (5 marks)
(c) Comment briefly on the innovations contained in the new Rotterdam Rules (5 marks).

SECTION TWO
3. Write full and critically notes on any three of the following:
(a) The Legal Regime of Internal Waters, and Ports and Harbors
(b) The Territorial Sea and the Contiguous Zone.
(c) The Exclusive Economic Zone
(d) The Continent Staff
(e) The High Seas.
4. “The scope and concerns of Maritime Law are fast expanding. This is more so in this era of
increasing globalization (with the proximity the later has contrived) impacting on our environment
(including the maritime environment) in ways that are not altogether palatable. Shipping activities,
marine scientific research, dumping, nuclear weapon tests, fishing, sea farming are no longer
matters of collateral interest in maritime law. Along with navigation these activities constitute the
focus of Maritime Law, it subject matter and concerns.
5. “Perhaps the most interesting development since 1960 is the concept of common heritage of
mankind which received approval when on August 17, 1967 Ambassador Arvido Pardo proposed

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to the Secretary – General United Nations, the inclusion of the agenda of the 22nd session of the
General Assembly an item titled 'Declaration and treaty concerning the reservation exclusively for
peaceful purposes of the seabed and of the ocean floor underlying the sea beyond the limits of
national jurisdiction and the use of their resources in the interest of mankind” an accompanying
memorandum suggested that the seabed and the ocean floor be declared a common heritage of
mankind’ and proposed the creation of an international agency to assume jurisdiction over this
area `as a trustee for all countries’ and control of all activities therein." Discuss with particular
reference to the reignite of deep –bed mining under the 1982 United Nations Government- on the
Law of the Sea (1997).
6. “As ship transverse from one country to another, they have to ensure that they comply with two
sets of laws those applicable in their state of origin and those applicable in their state destination”
Louis N. Mbanefo S.A.N “Maritime Law and Admiralty Jurisdiction in Nigeria”, (1997). Critically
examine this statement with particular reference to the source (municipal and international) of
maritime law
7. What do you understand by maritime liens? In what ways if any are they different from the General
Maritime Claims or Statutory Liens? Briefly comment on proprietary claims.
8. “The government department vested with ultimate control of shopping in all its ramifications is the
Federal Ministry of Transport. There are however other Bodies, Authorities and Councils who play
significant roles in the management and development of the Maritime industry in Nigeria”. Discuss.

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OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE

FACULTY OF LAW HARMATTAN SEMESTER 2012/2013 SESSION
INL 405 MARITIME LAW. LL. B 4
Instruction: The two (2) questions in SECTION One are compulsory. Answer Any Other Two (2)
Questions in Section Two

Time Allowed: Three (3) Hours

SECTION ONE

1. (a) “… It was in the St. Paul’s (Cathedral) that Sir John de Beauchamp was buried, and it was his
appointment in the year 11360, as the Kings Admiral of the Fleets of ships of the South, the
North and the West” that fraught into being the Court of Admiralty of England. Before this time
the South, the North and the West had each their own Admiral, each exercising his own
authority. Sometimes these independent jurisdictions conflict. Sir John de Beauchamp was
therefore given full powers of hearing plaints of those things which touch the office of Admiral,
and having cognizance in maritime causes and of doing just and doing all other things which
pertain to the office of Admiral as fright and according to maritime laws. With those
observations in mind, critically examine the history of the Admiralty court and the development
of admiralty jurisdiction in (i) England and (ii) Nigeria. (10 Marks)
(b) With reference to Section 1 of the Admiralty Jurisdiction Act of 1991, critically examine the
subject upon which Admiralty Jurisdiction may be exercised in Nigeria (10 marks).
2. (a) Critically examine the common points and the areas of differences in:
i. The Hague Rules, and
ii. The Hague Visby Rules. (10 Marks)
(b) In what ways are the Hamburg Rules an improvement on the Hague Rules and Hague- Visby
Rule? (5 marks)
(c) Comment briefly on the innovation contained in the new Rotterdam Rules (5 marks)

SECTION TWO
3. “Perhaps the most interesting developing since 1960 is the concept of common heritage of
mankind’ which received approval when on August 17, 1967 Ambassado Arvido Pardo proposed
to the Secretary-General United Nation, the inclusion on the agenda of the 22nd session of the
General Assembly an item titled “Declaration and treaty concerning the reservation exclusively
for peaceful purposes of the seabed and of the ocean floor underlying the sea beyond the limits of
national jurisdictions and the use their resources in the interest of mankind” an accompanying
memorandum suggested that the seabed and the ocean floor be declared a `common heritage of
mankind’ and proposed the creation of an international agency to assume jurisdiction over this
area `as a trustee for all countries’ and control of all activities therein." Discuss with particular
reference to the regime of deep-sea bed mining under the 1982 United Nations Government on the
Law of the Sea (1997).
4. What do you understand by Maritime liens? In what ways if any are they different from the General
Maritime Claims or Statutory Liens? Briefly, Comment, on proprietary claims.

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5. Write full and critical notes on any three of the following:

(a) The Legal Regime of Internal Waters, and Ports and Harbors
(b) The Territorial Sea and the Contiguous Zone
(c) The exclusive Economic Zone
(d) The Continental Shelf
(e) The High Seas.
6. As ship transverse from one country to another, they have to ensure that they comply with a set of
laws - those applicable in the state of origin and those applicable in the state of destination” Louis
N. Mbanefo SAN “Maritime Law and Admiralty Jurisdiction in Nigeria’, (1997). Critically
examine this statement with particular reference to the sources (municipal and international) of
maritime law.

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OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE

FACULTY OF LAW HARMATTAN SEMESTER 2013/2014 SESSION
INL 405 – MARITIME LAW 1
INSTRUCTIONS: The two (2) Questions in Section one are compulsory. Each carries 20 marks.
Answer any other two (2) Questions in Section two. Each carries 15 marks
TIME ALLLOWED: 3 Hours
SECTION ONE
1. “The genesis of the need for the Cargo Conventions can be traced back to the Common Law
principle relating to common carriers. The strict position of the law was the catalyst that led to
creativity on the part of shop owners in their bid to avoid the effect of the law. As we know, only
too well. At common law, liability was strict and carrier could escape liability only if the cause of
the loss or damage was done by the king’s enemies or by such act as could not happen by the
intervention of man as storm lightening or tempest. It thus became the practice for the carrier to
exempt himself for loss due to various specified contingencies or perils. The list grew with the
passage of time, and the courts in the spirit of freedom of contract, uphold such exculpatory or
exemption clauses. The Harter Act was passed in the United States to remedy the situation. The
Harter Act provided a model of unified rules which set the stage for later conventions, that were
to originate in Europe, starting with The Hague Rules”.
(a) In the light of the foregoing, critically examine the historical background to the evolution of
Cargo Convention
(b) What are the common points and areas of differences (i) The Hague Rules, and (ii) Hague –
Visby Rules?
(c) In what ways are the Hamburg Rules an improvement on Hague Rules and the Hague Visby
Rules?
(d) What changes have been effected to the existing maritime liability regimes by the Rotterdam
Rules? (10 marks)
2. (a) “It was in the St Paul's (Cathedral) that Sir John de Beauchamp was buried; and it was his
appointment in the 1360 as “the King’s Admiral of the Fleets of ships of the South, the North and
the West’ that brought into being the court of Admiralty of England. Before this time, the South,
the North and the West had each their own Admiral, each exercising his own authority.
Sometimes, these independent jurisdictions conflicted”
(b) “The history of the Admiralty jurisdiction of Nigerian courts may be traced back to 1890
when the colonial courts of Admiralty Act that came into force on the 25th of July of that year was
passed by the Imperial Parliament, Section 2(2) of the Act provided that the Jurisdiction of the
colonial courts of Admiralty was to over the like places persons, matters and thing as the
Admiralty jurisdiction of the High Court in England, whether existing by virtue of any statute or
otherwise…”
3. Against these background, critically examine the history of the Admiralty Court and the
development of admiralty jurisdiction in:
(a) England and
(b) Nigeria (10 marks)
4. With reference to section 1 of the Admiralty Jurisdiction Act of 1991, comment exhaustively on
the subjects upon which Admiralty jurisdiction may be exercised in Nigeria, and by which courts.
(10 marks).

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SECTION TWO
5. “Two types of actions are available within the Admiralty jurisdiction of the Federal High Court.
They are the action 'in personam' and the action 'in rem'. The action in personam is an action against
persons who are usually the owners of the ship or vessel that gave rise to the action, usually the
vessel itself. However, the vessel is not the only “res” against which action may in certain
circumstances proceed against the freight or cargo or proceeds of sale”. Discuss.
6. “Maritime Law has municipal and international dimensions. The sources of the law also follow
these dimensions”. With this observation in mind, critically examine the nature, scope and sources
of maritime law.
7. (a) What do you understand by maritime liens?
(c) In what ways (if any) are they different, from General Maritime claims or statutory liens?
(d) Briefly comment on proprietary claims
8. Write full and critical notes on any three (3) out of the following:
(a) Legal regime of Internal Waters, Ports and Harbors
(b) The Territorial Sea and the contiguous Zone
(c) The Exclusive Economic Zone
(d) The Continental Shelf
(e) The High Seas
9. “The government department vested with ultimate control of shipping in all its ramifications is the
Federal Ministry of Transport. There are however, other bodies, agencies and authorities that play
significant roles in the management and development of the maritime industry in Nigeria – Discuss
with particular emphasis only
(i) The Nigerian Maritime Administration and Safety Agency (NIMASA)
(ii) The Nigerian Inland Waterway Authority (NIWA) and
(iii) The Nigerian Shippers Council.
10. “Perhaps the most interesting development since 1960 is the concept of “common heritage of
mankind” which received approval when on August 17 1957 Ambassador Arvido Pardo proposed
to the secretary – general of the United Nations “the inclusion on the 22nd Session of the General
Assembly an item titled ‘Declaration and treaty concerning the reservation exclusively for peaceful
purposes of the seabed and of the ocean floor underlying the sea beyond the limits of national
jurisdiction and the use of their resources in the interest of mankind”. An accompanying
memorandum suggested that the seabed and the ocean floor be declared a “common heritage of
mankind” and proposed creation of an international agency assume jurisdiction over this area “as
a trustee for all countries, and control of all activities therein”. Comment on the above statements
with particular reference to the regime of Deep Seabed Mining under the 1982 United Nations
Convention on the Law of the Sea.

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 THE ACADEMIC COMMITTEE, LAW STUDENTS’ SOCIETY. 2017/2018 ACADEMIC SESSION

OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE

FACULTY OF LAW HARMATTAN SEMESTER
2012/2013 SESSION LL. B IV
JPL 401 – LAND LAW 1
INSTRUCTION: Attempt four questions Time: 3 hours

1. Critically examine the customary rules of inheritance under the following circumstances
(a) Marriage conducted under the Matrimonial Causes Act
(b) Marriage under Islamic Law
(c) Marriage under the customary law of the YORUBA and IGBOS
2. “The distinction between void and voidable titles in customary land holding is more apparent than
real”. Discuss.
3. Ade, who is head of Ajayi Family allocated portion of the family land to Ayo a member of his
family. Ayo with the consent of the family built on the land. Ayo died in the year 2000 leaving
behind two children, Olu and Tola who lived in the house till year 2004 when they sold the house
to Awe who took immediate possession. The ******* to the knowledge of Ade and other members
of the family who issued and served Quit notice to Ayo to vacate the premises. On his refusal, they
force him out and erected a fence to prevent him from re-entering the house. Awe wants to institute
an action against Ade and Ajayi family for trespass and a declaration of title. Advise him, would
your advice be different if it was a part or instead of allocation?
4. Critically examine the following:
(a) Laches and acquiescence
(b) Alienation and allotment of family property
(c) Prescription
5. Carefully examine three of the following concepts its relation to Real Property Law
i. Property
ii. Possession
iii. Ownership
iv. Trespass

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 THE ACADEMIC COMMITTEE, LAW STUDENTS’ SOCIETY. 2017/2018 ACADEMIC SESSION

OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE

FACULTY OF LAW HARMATTAN SEMESTER 2013/2014 SESSION LAND LAW JPL (401)

INSTRUCTIONS: ANSWER ANY FOUR (4) QUESTIONS

TIME ALLOWED: THREE (3) HOURS

1. Identify and discuss the various types of Estate under the English law and their relevance to the
Nigerian legal system.
2. Discuss with the aid of decided cases or judicial authorities, the right of individuals in Communal
or family land holding tenure system in Nigeria.”
3. (a) With the aid of decided cases, examine the various ways of determining family property.
(b) Daniel desires that all this property be converted to family property after his death so that
members of this family may have equal access and benefit to the properties. Advise him.
4. With the aid of decided cases distinguish between void and voidable disposition of family property.
5. (a) Critically appraise with the aid of judicial authorities the customary rules of inheritance
applicable in Yoruba and Igbo communities.
(b) Discuss the rules of inheritance applicable to parties married under the Act where either of the
parties died intestate.
6. Comment, with the aid of decided authorities, the constitutionality or otherwise the customary rule
of inheritance that disentitles a female from inheriting her deceased father’s estate.
7. Identify and discuss the distinguishing features of the two types of Co-ownership known to
Nigerian Law. Is it true that Equity leans in favor of Tenancy in Common?
8. (a) How can a Lease be determined?
(b) Discuss the essential characteristics of a lease.

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 THE ACADEMIC COMMITTEE, LAW STUDENTS’ SOCIETY. 2017/2018 ACADEMIC SESSION

OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE

FACULTY OF LAW
HARMATTAN SEMSTER 2011/2012 SESSION
LLB IV. PUL 401 – LAW OF EVIDENCE
SECTION A
1. All admissible facts are relevant, but not all the relevant facts are admissible. “Discuss?
2. Because trials before native courts are not strictly governed by the Common Law rules of Evidence
or other evidentiary rules but are the same time subject to judicial review, there is created the courts
of Appeal, the problem on reviewing native courts decisions without the relatively definite
standards of the Common law rules of Evidence or those rules incorporated in the evidence law.
This situation created a difficult role for Appeal courts… Smith (1968) Bostom University Law
Review p. 65 – Discuss?
SECTION B
3. In criminal proceedings, the fat that the accused person is of bad character is generally irrelevant.
With the aid of statutory and judicial authorities, discuss the circumstances when evidence of bad
character of an accused will be relevant?
4. With the aid of statutory and judicial authorities examine the powers of police to institute criminal
proceedings in Nigeria courts.
SECTION C
5. A rule by which a party to Litigation is disallowed from asserting or denying a fact which other
party believed and has acted upon is referred to as estoppels.
(a) Highlight different kind of estoppels.
(b) Discuss in details, Estoppels per Rem Judicata and the conditions for its successful plea?
6. As general rule, the opinion of a person is irrelevant, excluded and inadmissible in proof of a fact
in issue except as provided for in the Evidence Act: Discuss
SECTION D
7. What is the specific content of the provisions of section 5 of the Evidence Act, cap. E 14 laws of
the federation of Nigeria, 2004?
(b) Examine the relevance of the section to the application of Rebuttable and irrebutable
presumptions in the “Nigeria Law of Evidence.
8. Address your examiner on relevant issues bordering on the meaning, categories and relationship
between Presumptiones juris and presumptione’s hominis vel facit?
(b) What are debatable problems relating to the subject of presumptions in the Law of Evidence?

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 THE ACADEMIC COMMITTEE, LAW STUDENTS’ SOCIETY. 2017/2018 ACADEMIC SESSION

OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE

FACULTY OF LAW
HARMATTAN SEMESTER 2012/2013 SESSION
LLB.IV PUL 401 – LAW OF EVIDENCE

SECTION A
1. It is tempting to assume that because the Evidence Acts does not as a general rule apply in the
customary court, justice cannot be done in these courts. However, a close examination of the
workings of the courts wills that not only is substantial justice being done but the courts are also
free from the technicality which characterizes the rules contained in the Evidence Act. Comment.
2. Lover boy is standing trial for the murder of his wife, Pretty-face, at the Ile-Ife High Court 4.
Presided over by Justice Fairdeal. Part of Loverboy’s defence is that, though he had been on bad
terms with Prettyface, there has been reconciliation facilitated by Chief Maje Obaje, his uncle
before her death. The prosecution intends to tender a letter writing by Pretty face to Loverboy, in
which she stated that she would be seeking police intervention from Loverboy and would be filing
for divorce. Examine the admissibility of the letter.
3. Hardwork is an employee of Balubalu Engineering Company. He has filed an action for negligence
against the company at the Lagos High Court, claiming damages for the injuries he sustained as a
result of being seriously exposed to certain machine in the course of his employment. Immediately
Hard work was injured, few bruises were visible on his body and he was still going to work for
three months after the incident. He broke down as a result of the injury. Mr. Selfish, the Managing
Director of Balubalu Engineering Co. filled the report of the accident in which he stated that hard
work was negligent and that if he had been reasonably careful, the injury would have been avoided.
He signed the receipt book for payment of treating work received the sum of N25.000.00l. for
treating Hardwork and that the cause of the injury was the exposure to the machine. He signed the
receipt book. Before the commencement of trial of the case Dr. Get well and Mr. Selfish died.
Balubalu Engineering Company intends to tender in evidence the report prepared by Mr. Selfish
while Hardwork intends to tender in evidence the entry of Dr. Getwell. Examine the admissibility
of both documents in evidence.

SECTION B
4. A Reliance that the Nigerian courts usually place on the provisions of section 28 of the Evidence
Act 1990 (determination or voluntariness or otherwise of a confession to make it relevant and
admissible against the maker will no longer be necessary in view of the enactment of Evidence Act
2011. DISCUSS
5. Two conflicting propositions are contained in Lord herschell’s Principle in Makin v. The Attorney-
General of New South Yales for admitting or rejecting evidence of an accuser’s bad character or
prejudicial evidence based on similar facts. How do you reconcile the conflicting propositions?
6. Generally, evidence that an accused has committed some other offences on other occasions is not
allowed to be tendered in proof of the offence charged.” With the aid of statutory provision and
judicial authorities examine the exceptions permitted by the Evidence Act. 2012.

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SECTION C
7. State the Four most important categories of estoppels; find their relevant sections in the Evidence
Act E14: Laws of the Federation of Nigeria. 200.
(b) With the aid of relevant statutory and judicial authorities, examine Estoppels by Record and
the Two Rem Principles which underline its application?
8. The relevance of Section 5 of the Evidence Act. Cap E 14, Laws of the Federation of Nigeria
2004 can be glossed over when discussing issues of Presumptions.
(i) Attempt a scholarly rendition of the section?
(ii) What is the relevance of the section to the practical application of Rebuttable and Irrebuttable
Presumption in the Nigerian Law of Evidence?

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 THE ACADEMIC COMMITTEE, LAW STUDENTS’ SOCIETY. 2017/2018 ACADEMIC SESSION

OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE, NIGERIA

FACULTY OF LAW
2013/2014 HARMATTAN SEMESTER
LL. B PART IV FINAL EXAMINATIONS
PUL 401: LAW OF EVIDNECE 1

Instruction: Attempt four (4) Questions from each section

SECTION A
1. It is tempting to assume that because the Evidence Act does not a general rule apply in the
customary courts; justice cannot be done in these courts. However, a close examination of the
workings of the courts wills that not only is substantial justice being done but the courts are also
free from the technicality which characterizes the rules contained in the Evidence Act. Comment.
2. Y’s corpse was discovered very close to Gbajugbaja highway which is very close to Odaran village
on the 4th of February, 2013. Five days after the wife lodged a report of his sudden disappearance at
the police station in Odaju medical examination revealed that he died a result of being strangulated.
Y and C at the name of Y’s disappearance were quarrelling over a parcel of cocoa farmland at
Odaran village and several attempts by the village elder of the village to resolve the quarrel proved
abortive. At the last meeting to resolve the matter which took place on the 8th of February 2013, C
told everyone present that he would deal with Y in a manner that would “beat the imagination of
everyone”. C was arrested and for further investigation, was charged with murder of Y. One of the
facts C intends so adduce before the court is that he was in Lagos throughout the period Y
disappeared and later found dead. Consider the admissibility of this fact.
3. “The rationale for the admission of dying declaration as an exception to the hearsay rule cannot be
justified in Nigerian in relation to section 40 of the Evidence Act”. Discuss
SECTION B
4. Ade and Olu were charged with the offences of conspiracy to commit a felony and stealing before
a Chief magistrate’s court, Ile – Ife. After their plea had been taken and two witnesses had given
detailed evidence, the counsel opposed the application.
5. The retraction of or resiling from a confessional statement or denial by an accused person of his
having made such a statement does not ipso facto render it inadmissible in evidence.” Alarape v.
State (2001) P (t41) 18*72.
6. Discuss circumstances in which “a confession made by an accused person will be irrelevant and
inadmissible in evidence in Nigeria.

SECTION C
7. Attempt a smart rendition of the provisions of section 145 of the Evidence Act 2011?
(b) What are the major distinctions between Presumptions of Facts and Presumptions of Law?
(c) Examine the issues involved in irrebuttable Presumptions?
8. (a) Set out the provisions of section 169 of the Evidence Act. 2011?
(b) In ordinary grammatical usage and by virtue of the judgment in the case of Graham v. Asbury,
attempt a working definition of estoppels?
(c) Write a scholastic and explanatory note on Estoppel by Record?

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 THE ACADEMIC COMMITTEE, LAW STUDENTS’ SOCIETY. 2017/2018 ACADEMIC SESSION

FACULTY OF LAW
OBAFEMI AWOLOWO UNIVERSITY ILE-IFE
HARMATTAN SEMESTER 2012/2013 SESSION EXAMINATION
JPL 403 – EQUITY AND TRUST I
TIME ALLOWED: 2 HOURS 45 MINS

SECTION A
1. “The Doctrine of this court ought to be well settled and made as uniform, almost as those of the
common law, laying down fixed principles but taking care that they are applied according to the
circumstances of each case. I cannot agree that the doctrines of this court are to be changed by
every succeeding judge. Nothing would to inflict on me greater pain quitting this place than the
recollection that I had done anything to justify the reproach that the equity of this court varies like
the Chancellor’s Court. “Per Lord Elden in Gee v Pritchar (1818) @ Swanst 402 at 414. Discuss
the above statement taking into consideration the nature, origin, evolution, contribution and
criticism and reception of equity in Nigeria.
2. Using relevant statutory and judicial authorities as well as copious Nigeria proverbs and popular
saying critically discuss the following:
a. (i) Equity will not suffer a wrong to be without a remedy
(ii) In what situation(s) would equity allow a wrong to be without remedy?
b. (i) Where the equities are equal, the first in time prevails.
(ii) in what situation (s) would equity not allow the first in time not to prevail
(c) (i) Equity follows the law.
SECTION B
3. The nature of equitable rights and interests is buried in the interstices of the maxim. “Equity acts
in personam”. The implication of this is that an equitable decree is directed against the person and
that it only binds the person to obedience, it does not operate upon the subject matters. Critically
discuss the above statement.
4. With the aid of statutory provisions and decided cases, critically examine the importance of the
doctrine of conversion and the circumstances in which the doctrine is operative. In what situation
can reconversion be effected?
SECTION C
5. It is most disturbing that the use of ex-parte injunction by some judges cannot be supported: in any
measure either on the applicable principle or on the facts. They do not seem to advert to the need
for caution in the exercise of that extraordinary jurisdiction. They appear to give impression that
the discretion is so personal that it does not matter if others see it as a means of inflicting undeserved
punishment and hardship on another part or other persons. It has again become necessary to issue
a reminder that even where everything points favourably to the granting of an ex-part injunction,
there is always this need to make its life very short, and indeed for an undertaken by the person
who obtains it" Uwaifo JCA in Okechukwu v.Okechkwu (1989) 3 NWLR (Pt 10S) 234
Discuss how the disturbing phenomenon of abuse of exparte orders can be addressed in the
Nigerian courts.
6. Write comprehensive notes on the following:
(a) Interim and Interlocutory injunction
(b) Mareva and Anton Pillar Injunction
(c) Quia timet injunction

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 THE ACADEMIC COMMITTEE, LAW STUDENTS’ SOCIETY. 2017/2018 ACADEMIC SESSION

7. (a) Comprehensively comment on the equitable remedy of Specific Performance including the
conditions under which the court would grant or refuse to grant the order.
b. Write short notes on the following:
(i) Delivery up and cancellation of documents
(ii) Laches and Acquiescence as equitable defenses

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 THE ACADEMIC COMMITTEE, LAW STUDENTS’ SOCIETY. 2017/2018 ACADEMIC SESSION

OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE

FACULTY OF LAW HARMATTAN SEMESTER
2012/2013 SESSION LL. B IV
JPL 401 – LAND LAW 1
INSTRUCTION: Attempt four questions Time: 3 hours

1. Critically examine the customary rules of inheritance under the following circumstances
(a) Marriage conducted under the Matrimonial Causes Act
(b) Marriage under Islamic Law
(c) Marriage under the customary law of the YORUBA and IGBOS
2. “The distinction between void and voidable titles in customary land holding is more apparent than
real”. Discuss.
3. Ade, who is head of Ajayi Family allocated portion of the family land to Ayo a member of his
family. Ayo with the consent of the family built on the land. Ayo died in the year 2000 leaving
behind two children, Olu and Tola who lived in the house till year 2004 when they sold the house
to Awe who took immediate possession. The ******* to the knowledge of Ade and other members
of the family who issued and served Quit notice to Ayo to vacate the premises. On his refusal, they
force him out and erected a fence to prevent him from re-entering the house. Awe wants to institute
an action against Ade and Ajayi family for trespass and a declaration of title. Advise him, would
your advice be different if it was a part or instead of allocation?
4. Critically examine the following:
(a) Laches and acquiescence
(b) Allneation and allotment of family property
(c) Prescription
5. Carefully examine three of the following concepts its relation to Real Property Law
i. Property
ii. Possession
iii. Ownership
iv. Trespass

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 THE ACADEMIC COMMITTEE, LAW STUDENTS’ SOCIETY. 2017/2018 ACADEMIC SESSION

OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE

FACULTY OF LAW HARMATTAN SEMESTER 2013/2014 SESSION LAND LAW JPL (401)

INSTRUCTIONS: ANSWER ANY FOUR (4) QUESTIONS

TIME ALLOWED: THREE (3) HOURS

1. Identify and discuss the various types of Estate under the English law and their relevance to the
Nigerian legal system.
2. Discuss with the aid of decided cases or judicial authorities, the right of individuals in Communal
or family land holding tenure system in Nigeria.”
3. (a) With the aid of decided cases, examine the various ways of determining family property.
(b) Daniel desires that all this property be converted to family property after his death so that
members of this family may have equal access and benefit to the properties. Advise him.
4. With the aid of decided cases distinguish between void and voidable disposition of family property.
5. (a) Critically appraise with the aid of judicial authorities the customary rules of inheritance
applicable in Yoruba and Igbo communities.
(b) Discuss the rules of inheritance applicable to parties married under the Act where either of the
parties died intestate.
6. Comment, with the aid of decided authorities, the constitutionality or otherwise the customary rule
of inheritance that disentitles a female from inheriting her deceased father’s estate.
7. Identify and discuss the distinguishing features of the two types of Co-ownership known to
Nigerian Law. Is it true that Equity leans in favor of Tenancy in Common?
8. (a) How can a Lease be determined?
(b) Discuss the essential characteristics of a lease.

LLB 4
 THE ACADEMIC COMMITTEE, LAW STUDENTS’ SOCIETY. 2017/2018 ACADEMIC SESSION

OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE

FACULTY OF LAW HARMATTAN SEMESTER
2012/2013 SESSION LL.B IV
JPL 401 – LAND LAW 1
INSTRUCTION: Attempt four questions Time: 3 hours

1. Critically examine the customary rules of inheritance under the following circumstances
(a) Marriage conducted under the Matrimonial Causes Act
(b) Marriage under Islamic Law
(c) Marriage under the customary law of the YORUBA and IGBOS
2. “The distinction between void and voidable titles in customary land holding is more apparent than
real”. Discuss.
3. Ade, who is head of Ajayi Family allocated portion of the family land to Ayo a member of his
family. Ayo with the consent of the family built on the land. Ayo died in the year 2000 leaving
behind two children, Olu and Tola who lived in the house till year 2004 when they sold the house
to Awe who took immediate possession. The ******* to the knowledge of Ade and other
members of the family who issued and served Quit notice to Ayo to vacate the premises. On his
refusal, they force him out and erected a fence to prevent him from re-entering the house. Awe
wants to institute an action against Ade and Ajayi family for trespass and a declaration of title.
Advise him, would your advice be different if it was a part or instead of allocation?
4. Critically examine the following
(a) Laches and acquiescence
(b) Alienation and allotment of family property
(c) Prescription
5. Carefully examine three of the following concepts its relation to Real Property Law
i. Property
ii. Possession
iii. Ownership
iv. Trespass

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 THE ACADEMIC COMMITTEE, LAW STUDENTS’ SOCIETY. 2017/2018 ACADEMIC SESSION

OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE

FACULTY OF LAW HARMATTAN SEMESTER 2013/2014 SESSION LAND LAW JPL (401)

INSTRUCTIONS: ANSWER ANY FOUR (4) QUESTIONS

TIME ALLOWED: THREE (3) HOURS

1. Identify and discuss the various types of Estate under the English law and their relevance to the
Nigerian legal system.
2. Discuss with the aid of decided cases or judicial authorities, the right of individuals in Communal
or family land holding tenure system in Nigeria.”
3. (a) With the aid of decided cases, examine the various ways of determining family property.
(b) Daniel desires that all this property be converted to family property after his death so that
members of this family may have equal access and benefit to the properties. Advise him.
4. With the aid of decided cases distinguish between void and voidable disposition of family property.
5. (a) Critically appraise with the aid of judicial authorities the customary rules of inheritance
applicable in Yoruba and Igbo communities.
(b) Discuss the rules of inheritance applicable to parties married under the Act where either of
the parties died intestate.
6. Comment, with the aid of decided authorities, the constitutionality or otherwise the customary
rule of inheritance that disentitles a female from inheriting her deceased father’s estate.
7. Identify and discuss the distinguishing features of the two types of Co-ownership known to
Nigerian Law. Is it true that Equity leans in favor of Tenancy in Common?
8. (a) How can a Lease be determined?
(b) Discuss the essential characteristics of a lease.

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 THE ACADEMIC COMMITTEE, LAW STUDENTS’ SOCIETY. 2017/2018 ACADEMIC SESSION

FIRST SEMESTER EXAMINATION 2011/2012 SESSION

COURSE TITLE: LAW OF EQUITY & TRUST 1

INSTRUCTION: ANSWER ANY FOUR QUESTIONS

1. The exercise of equitable jurisdiction by the Court of Chancery was based upon certain general
principles, many of which are now embodied in the Maxims of Equity. These maxims have
played an important part in the development of equity in the past and if properly handled can still
play an important role in the development of equity in the future.” (J.O Fabunmi Equity & Trust
in Nigeria 1966 P.11 citing with approval Keeton in Introduction to Equity” 1969.
In the light of the above, critically examine the following equitable maxims.
(a) Equity will not suffer a wrong to be without a remedy”
(b) “Where the Equities are equal, the first in time prevails”.
(c) “Vigilant bus Non Dormientibus Jura Subveniunt.”
2. The general result of the fusion of Common Law and equity has been not to alter substances of law
but merely to alter and simplify procedure.”
Discuss the statement and consider whether it may be taken as accurate.
3. The Lord Chancellor has been described as “The keeper of the King’s conscience” Discuss this
statement and illustrate your answer with reference to the jurisdiction of the Courts of Equity. (You
may ignore the emphasis)
4. An equitable interest in a property is enforceable against the whole world except a bonafide
purchaser for value of the legal estate in the property without notice of the existing equitable
interest.
Highlight and discuss the nature of notice that may affect a subsequent legal estate.
5. To what extent do general principles and discretionary factors govern the award of equitable
remedies.

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 THE ACADEMIC COMMITTEE, LAW STUDENTS’ SOCIETY. 2017/2018 ACADEMIC SESSION

FACULTY OF LAW
OBAFEMI AWOLOWO UNIVERSITY ILE-IFE
HARMATTAN SEMESTER 2012/2013 SESSION EXAMINATION
JPL 403 – EQUITY AND TRUST I
TIME ALLOWED: 2 HOURS 45 MINS

SECTION A
1. “The Doctrine of this court ought to be well settled and made as uniform, almost as those of the
common law, laying down fixed principles but taking care that they are applied according to the
circumstances of each case. I cannot agree that the doctrines of this court are to be changed by
every succeeding judge. Nothing would to inflict on me greater pain quitting this place than the
recollection that I had done anything to justify the reproach that the equity of this court varies like
the Chancellor’s Court. “Per Lord Elden in Gee v Pritchar (1818)@ Swanst 402 at 414.
Discuss the above statement taking into consideration the nature, origin, evolution, contribution
and criticism and reception of equity in Nigeria.
2. Using relevant statutory and judicial authorities as well as copious Nigeria proverbs and popular
saying critically discuss the following:
a. (i) Equity will not suffer a wrong to be without a remedy
(ii) In what situation(s) would equity allow a wrong to be without remedy?
b. (i) Where the equities are equal, the first in time prevails.
(ii) in what situation (s) would equity not allow the first in time not to prevail
c. (i) Equity follows the law.

SECTION B
3. The nature of equitable rights and interests is buried in the interstices of the maxim. “Equity acts
in personam”. The implication of this is that an equitable decree is directed against the person and
that it only binds the person to obedience, it does not operate upon the subject matters. Critically
discuss the above statement.
4. With the aid of statutory provisions and decided cases, critically examine the importance of the
doctrine of conversion and the circumstances in which the doctrine is operative. In what situation
can reconversion be effected?

SECTION C
5. “It is most disturbing that the use of ex-parte injunction by some judges cannot be supported: in
any measure either on the applicable principle or on the facts. They do not seem to advert to the
need for caution in the exercise of that extraordinary jurisdiction. They appear to give impression
that the discretion is so personal that it does not matter if others see it as a means of inflicting
undeserved punishment and hardship on another part or other persons. It has again become
necessary to issue a reminder that even where everything points favorably to the granting of an ex-
part injunction, there is always this need to make its life very short, and indeed for an undertaken
by the person who obtains it" Uwaifo JCA in Okechukwu v.Okechkwu (1989) 3 NWLR (Pt 10S)
234. Discuss how the disturbing phenomenon of abuse of exparte orders can be addressed in the
Nigerian courts.
6. Write comprehensive notes on the following:
(a) Interim and Interlocutory injunction
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 THE ACADEMIC COMMITTEE, LAW STUDENTS’ SOCIETY. 2017/2018 ACADEMIC SESSION

(b) Mareva and Anton Pillar Injunction

(c) Quia timet injunction
7. (a) Comprehensively comment on the equitable remedy of Specific Performance including the
conditions under which the court would grant or refuse to grant the order.
(b) Write short notes on the following:
i. Delivery up and cancellation of documents
ii. Laches and Acquiescence as equitable defenses

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 THE ACADEMIC COMMITTEE, LAW STUDENTS’ SOCIETY. 2017/2018 ACADEMIC SESSION

OBAFEMI AWOLOWO UNIVERSITY, NIGERIA

FACULTY OF LAW
2013/2014 HARMATTAN SEMESTER EXAMINATIONS
JPL 403: EQUITY AND TRUST HARMATTAN

INSTRUCTION: ANSWER FOUR QUESTIONS IN ALL WITH AT LEAST ONE

QUESTION FGFROM EACH SECTION.
TIME ALLOWED: 3 HOURS
PART ONE

1. Equitable interests are manifest in different legal relations, but given the nature of such interests as
well as the types of rights or benefits they confer on their holders, the consequences are often, if
not always, the same, whenever they collide with a legal interest for value and without notice.
Discuss at least three types of legal relations where equitable interests are manifest as well as the
nature of such interests or rights conferred on their holders.
2. DJ and Jimmy are neighbor DJ owns a brand new Toyota Camry car which he loves so much.
Jimmy in his will devices DJ’s Toyota Camry car to Jatts and bequeaths a fairly and Range Sport
SUV to DJ in the same will. Jimmy’s will is admitted to probate and how about to be read. Now,
both DJ and Jatts have approached you as a learned person to give advice on the options available
to them under Jimmy’s will. Advise them.
(b) Briefly explain the three essential elements of the equitable doctrine of election.
3. The categories of choses in action known to English Law are enormously wide. However,
assignment of chooses in action can be either equitable or statutory. But modern authorities appear
to suggest that the thin line of demarcation between equitable and statutory assignment of choses
in action is exaggerated. Critically discuss this statement.

PART TWO
4. (a) Chop and Die Construction Company Limited (hereafter called the “company”) entered into an
80km road construction with Smart Community (hereafter called: The Community”) An agreed
sum of #50,000:000 (fifty million naira) over a period of six (6) months and the agreement was in
writing duly signed by both parties. Part of the terms of the agreement is that the community will
pay an advance sum of N20,000,000: 00(twenty million naira) and the company would move its
equipment to site and commence work within 2weeks. Also that another #20,000,000:00 (twenty
million naira) installment payment will be paid to the company upon completion of 60km out of
the 80km road and balance payable after one month of the successful and satisfactory completion
of the entire 80km. It was also agreed that the original copy of the agreement will be in possession
of the company and also that the company shall not move any of its equipment from site unless and
until the community indicates their satisfaction in writing to the company that is satisfied with the
completed road project. Midway into the completion of 50km of the road, the construction company
sought to negotiate the agreed contract – sum with the community the community refused. The
company has stopped work and planning to relocate to another country and the community has
approached you. Advise the parties.
(b) What are the defences available to the relief that may be sought by any of the parties in (a) above.
5. Equity follows the law critically discuss the equitable remedy of part performance, rescission and
rectification.
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PART THREE
6. “The doctrine of this court ought to be settled and made as uniform, almost as those of the common
law. Laying down fixed principles but taking care that they are applied according to the
circumstances of each case. I cannot agree that the doctrine of this court is to be changed by every
succeeding judge. Nothing would inflict on me greater pain quitting this place than the recollection
that I had done anything to justify the reproach that the equity of this court varies like the
Chancellor’s foot”. Lord Eldon in Gee v. Pritchard (1818) 2 Swans’ 402 p.414. Critically examine
this statement against the backdrop of the factors that molded the principles of Equity.
7. “The exercise of equitable jurisdiction by the Court of Chancery was based upon certain principles,
many of which are now embodied in the maxims of equity. These maxims have played an important
part in the development of equity in the past and if properly handled can still play an important role
in the development of equity in the future” – J.O Fabunmi, Equity and Trust in Nigeria 2nd ed. P
13. Discuss this statement with specific reference to two maxims of Equity.
8. Write full notes on any of the following
(a) The Judicature Acts 1873 -1875
(b) The Earl of Oxford’s case and the development of Equity.

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OBAFEMI AWOLOWO UNIVERSITY ILE-IFE

FACULTY OF LAW; MARITIME LAW 2, RAIN SEMESTER 2012/2013 SESSION
INSTRUCTIONS: ANSWER ANY FOUR (4) QUESTIONS
Time Allowed: 3 hours
SECTION A
1. “The Coastal and Inland shipping Act 2003, i.e. the Cabotage Act, was, designed to empower
Nigerians to own vessels and develop capacity in various sphere of shipping which for years have
been dominated by foreign interests. By the legislation, all vessels operating in the country’s
territorial water are expected to be Nigerian owned, crewed by Nigerians, maintained in Nigeria
and built in Nigeria. But since the country, at present does not have the capacity build ships the law
provides for a waiver in this regard”. With these observations in mind critically examine the
provisions of the Cabotage Act, highlighting in the process the various restrictions and protection
available under the law, the waivers provide and most importantly, constraints in the effective
implementation of the Sabotage regime in the maritime industry in Nigeria
2. “While the problems of protecting the marine environment in particular and the human environment
in general from pollution is basically a matter to the natural sciences to tack legal regulation is also
important for the simple reason that a successful solution to the can only be achieved if state take
concerted action to prevent marine pollution caused direct or indirectly by the increasing intensive
use of the sea areas and marine resources, and by human activities. This is where international law
comes in. Intensive shipping, the extraction of mineral resources from the sea-bed and the
utilization of the seas as a place for discharging and burying industrial and household waste
products have all led to the serious pollution of the marine environment in many areas of the world
ocean. The emerging picture is a serious one. In the light of the foregoing, comment exhaustively
on the international legal measures for the protection of the marine environment bringing out in the
process, the problems and challenges involved.
3. “Cargo vessels are usually under contracts by which the ship owner in return for a sum of money,
the freight, agrees to carry goods by sea, or to furnish the services of a vessel for the purpose of
such carriage. Such contracts, commonly called contacts of affreighment, encompass a
heterogeneous mass of maritime agreements comprising such differing types of contracts for the
lease of a vessel (bareboat or demise charters) voyage and time charter parties and bill of lading”.
Discuss with particular emphasis on the three types of CHARTER PARTY.
4. “The Nigerian Marine Insurance Act, has been an invaluable asset not only to marine indemnities
but also to importers and exporters. But “senility” is its present problem although it is now wearing
a new garment by an update of its birthday. If our international trade is to survive in order that our
civilization and standard of living could be maintained or improved the laws regulating marine
insurance and other maritime activities should be redesigned so as to accommodate the peculiarities
of our maritime community but within accepted structure of international conventions”. Discuss,
bringing out the essentials of valid marine insurance contract and highlighting the challenges,
particularly those posed by maritime frauds and other related crimes in the Nigerian maritime
industry which are undermining the effectiveness of the law of marine insurance.
5. In Nigeria, oil constitutes the primary source of pollution to marine environment. Pollution
occasioned by the activities at the exploration stage during which explosives or the drilling
method may be employed." It does also occur at the production stage during which oil is tapped
and unused derivatives such as gas may be flared into the atmosphere with dire consequences for

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the environment, Pollution also not unknown at the state of transporting crude oil ocean-going
vessels. Finally, at the refining stage wastes and effluents are discharged into atmospheric places.
What has been stated above presents a critical situation. Do you consider the legal policy
responsible to the situation in Nigeria adequate?
6. “Carriage of goods by sea is carried out on the basis of contract of carriage between the consignor
and the carrier.” The contract is evidenced by a transport document issued after the Goods have
been delivered to the consignor. A contract for the carriage of goods by sea is called the contract
of affreightment”.
(a) What are the function of a bill of lading in a contract of affreightment?
(b) In what way is a contract O.B different from a C.I.F. contract?
(c) Highlight the responsibilities, immunities and rights under;
i. The Hague Rule
ii. The Hague –Visby Rules
7. Critically examine the legal significance of ship management contract
8. Write full note on any of the following:
(a) Contract of Pilotage
(b) Maritime Salvage
(c) Ship building contract
(d) Contract of towage
9. Comment exhaustively on the provisions of the Nigerian Merchant Shipping Act on wages,
discipline and the discharge of seamen,

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OBAFEMI AWOLOWO UNIVERSITY ILE-IFE

NIGERIA FACULTY OF LAW
2013/2014 RAIN SEMESTER EXAMINATIONS MARITIME LAW (INL 406)

INSTRUCTIONS: The Question in Section A is compulsory, it carries 25 marks. Answer and three (3)
questions in Section B. Each carries 15 marks. Time Allowed: 3 Hours

Section A
1. (a) “A cargo owner who wants to transport his cargo from one port to another would usually enter
a contract of carriage known under the name “affreightment”. This may be one of two forms,
namely Charter Party and Bill of landing”. With this observation in mind, comment exhaustively
on:
i. The three types of Charter Party (5 marks); and
ii. The function of a Bill of Lading (5 marks)
(b) What are the essential features of a C.I.F contract? In what ways is a contract F.O.B different
from a C.I.F contract? (5 marks)
(c) Discuss the Duties of (i) the seller (and (ii) the buyer under (1) a C.I.F Contract; and (2) an
F.O.B Contract (5 marks)
(d) Highlight the carrier’s responsibilities, Immunities and Rights under the Hagues Visby Rules
and the Hamburg Rules (5 marks)

Section B
2. “The Coastal and Inland Shipping Act, also generally known as the Cabotage is certainly one of
the most far reaching politicizes taken by Government to give effect and form to the development
of local capacity in the industry. The cabotage regime is intended to leverage local interests, content
and participation to optimal threshold in the domestic trade, while preserving free enterprises
through creative partnership with foreign interests. There are indeed informed expectations that the
Cabotage regime shall systematically enhance and accelerate the growth of indigenous capacity in
all segments of the maritime trade, and effectively impact on the development of Nigerian economy
through the interactive process that will link shore-based and off-shore economic activities”.
Discuss, bringing out in the process, the essential provisions and features of the Cabotage Law, the
opportunities in Cabotage and the problems/challenges of the Cabotage regime in Nigeria.
3. “The protection of the environment of the world ocean and its resources has emerged as one of the
chief concept of modern international law. The rationale for this, which has a compelling force in
the present context, is the increasing worldwide concern for our common environment, a concern
that accentuated by several perturbations, including acid precipitation resulting from
industrialization, ozone layer destruction, gradual global warming, sea level rise, threatening
coastal lowlands, multiplicity of human and animal carcinogens disrupted food chains and mineral
cycles, extinction of plant and animal species on a large scale as well as the incidence of debris on
coastal and marine environment. While the problem of protecting the marine environment in
particular and the human environment in general from pollution is basically for the natural sciences
to tackle, legal regulation is also important in the simple reason that a successful solution to the
problem can only be achieved if states take concerted action to prevent marine pollution caused
directly or indirectly by the increasing intensive use of sea areas and marine resources, and by other

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human activities. This is where International Law comes in”. Discuss with particular emphasis on
International Legal responses to the challenges of marine environmental pollution.
4. “A contract of Marine Insurance is a contract whereby an insurer undertakes for a premium, to
indemnify the assured to the extent agreed against losses incident to a marine adventure. Such
marine insurances are usually on ships, goods, freights or profits, and they protect the assumed to
the extent agreed against maritime perils suh as perils of the seas, fire, war perils, pirates, thieves,
captures, seizures, restraint of princes and peoples, jettison, barratry, and other perils”. Discuss,
bringing out clearly the essentials, the legal requirements and the problems associated with Marine
Insurance in Nigeria.
5. “Marine pollution has become one of the most acute concerns of the global community. The reasons
for this are not difficult to perceive. The world shares a single environmental system of which the
oceans alone not only account of about 71.4% of the earth surface but are indeed crucial to the life-
support system on this planet. Nigeria’s maritime environment has not been spared its share of
pollution from various sources. The law is however not indifferent to the problem”. In the light of
the foregoing, critically examine the problem of oil pollution in Nigeria marine environment,
discuss the policy and legal responses to the problems, and highlight the shortcomings/deficiencies
of these responses.
6. “What may appear to be two subjects can be combined into one, for the one compelling reason that
whether it is the sale of an existing vessel in the commercial market involving transfer of ownership
from one person or corporate entity to another, or whether it is a contract for the construction and
eventual sale of a vessel when completed, there is still a sale at the end of the day. Accordingly,
shipbuilding contract commonly have special terms written into them concerning the passing of
property, commonly in stages during the process of construction”. Discuss, with specific reference
to shipbuilding contracts.
7. “The role of the salvor is of great significance in the shipping industry. Were salvage services not
available, the sea transport industry would be seriously diminished in its effectiveness, if not forced
to grind to a halt. The theory of salvage is one strictly based upon the concept that he who
successfully resUES and preserves another from danger at sea deserves a reward; such reward is
based upon a contractual right to a pre-agreed fixed amount of money”. Comment with reference
to the legal regime of maritime salvage.
8. “The rights and liabilities of the owners of the tug and of tow are government by the terms of the
towage contract they have entered into… A towage contract is essentially a contract of service, the
service rendered being “the employment of one vessel to expedite the voyage of another, when
nothing more is required than the accelerating (of) her progress”. The operation could indeed entail
the “holding, pushing, pulling, moving, escorting or guiding of or the standing by the Hirer’s
vessel.” Discuss with particular reference to the towage contract.

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OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE

FACULTY OF LAW RAIN SEMESTER
2011/2012 SESSION LLB IV
JPL 402 – LAND LAW II

Instruction: Answer Question One (1) and any other three (3) Questions.
Time Allowed: Three (3) Hours
1. (a) What are the objectives behind the enactment of the Land Use Act 1978?
(b) Under what circumstances would it be lawful for the governor to revoke a right of occupancy.
(c) What are the rights and privileges associated with grant of Statutory right of occupancy?
(d) A Deemed right of Occupancy is an “apparent right’. Discuss
2. The vesting of ownership of petroleum in its natural state in strata in the Federal Government of
Nigeria irrespective of the rule of capture on an individual’s land runs contrary to the principles
of ownership under land law. Comment.
3. Nigeria is blessed with abundant deposit of mineral resources both at regional and international
levels. The country has not been ranked as a producing nation. What could have accounted for the
slow pace of mining the solid minerals in Nigeria?
4. The Land Use Committee organizing a National Workshop on the following sub-themes. Write a
position paper on any TWO of the following:
i. Exploring forest resources in Nigeria: problems and prospects
ii. Water resources management: Strength and weaknesses
iii. Settlement of Boundary Dispute: Cameroun v. Nigeria in focus
iv. Guidelines on the registration of land instrument and titles in Nigeria
5. (a) Discuss the essential features of a valid – lease.
(b) Examine in details the creation and determination of a valid lease
(c) Distinguish between a legal mortgage and equitable mortgage
(d) Enumerate and discuss the rights of a mortgagor and mortgagee in a mortgage.
6. With the aid of decided cases, write a brief note on the following:
(a) Statutory tenancy
(b) Tenancy at will
(c) Tenancy at sufferance
(d) Periodic tenancy

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FACULTY OF LAW RAIN SEMESTER

2012/2013 SESSION LLB IV
JPL 402 – LAND LAW II

1. (a) Examine the rationale behind the promulgation of the Land Use Act in 1978.
(b) To what extent has the Land Use Act succeeded as a legislative instrument for equity and
sustainable land reform in Nigeria?
2. Critically examine the legal regime for the management and control of Land in Urban and non-
Urban areas in Nigeria.
3. The alienation either by way of conveyance, mortgage or sale of Statutory Right of Occupancy or
a Customary Right of Occupancy without the requisite consent is void; discuss with the aid of
relevant judicial authorities.
4. Possession of certificate of Occupancy presupposes title in favor of the holder. Critically examine
this statement.
5. Nelson Agoro finished his studies at the Department of Estate Management, Obafemi Awolowo
University, Ile-Ife, the knowledge he acquired in land law and his personal experience gathered
during NYSC, service year at an oil company in Warri has fired his interest in mineral exploration
and mining business. His father has demanded from him a comprehensive write up on the law
regulating the control of property in mineral, the agency of Government to deal with his business
interest and the step by step procedure of how to realize his ambition. “Make a draft for Nelson
Aigoro to present to his father.
6. Write short but comprehensive notes on any four on the following
i. Interest of government and registered land
ii. Mining cadastre office
iii. Mining cadastre Registers
iv. Mining Lease
v. Reconnaissance permit.
7. Critically examine the legal framework for the creation and determination of leases in Nigeria.

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OBAFEMI AWOLOWO UNIVERSITY

FACULTY OF LAW
LAND LAW JPL 402:2013/2014
RAIN SEMESTER LLB EXAMINATION
INSTRUCTION: ANSWER – ANY FOUR QUESTIONS
TIME ALLOWED: 3 HOURS

1. Analyze with the aid of decided cases the effect of alienation of and either: by way Conveyance,
sale or mortgage of land without the Governor’s consent first had and obtained under the Land Use
Act, 1978.
2. Ayomide claims ownership of an expanse of land at Oshogbo in Osun State allegedly compulsorily
acquired by the government on the revocation of the deemed grant of right of occupancy in his
favour to establish a community hospital. The government is relying on section 28 of the Land Use
Act, while Ayomide contends that no notice of revocation was served on him. Advise the Parties.
3. Section 1 of the Land Use Act’ 1978, which vest control of land comprised in each territory of the
state in the state governor includes mineral resources. Do you agree?
4. Distinguish between a deemed grant and a grant of statutory and customary rights of occupancy
under the Land Use Act. To what extent is valid revocation of a right of occupancy granted under
the Land Use Act subject to the payment of compensation to the occupier or holder?
5. With aid of statutory and judicial authorities, highlight and discuss the essential features of a lease.
How can a lease be created and terminated in Nigeria?
6. Neither Common law nor Equity recognized any right on the mortgage property even if the date
fixed for the repayment has passed unless the power was expressly inserted. Even then, the power
enabling the mortgagee to sell out of court must be carefully drafted so as to only allow the
mortgagee take only what was due to him out of the sale proceeds otherwise equity would intervene
more so when the power is not properly exercised. The power to sell was a statutory invention first
introduced into mortgage made by deed by the Lord Cranworth’s Act 1860, though in a very narrow
form. The power however does not become exercisable until one of certain events has occurred.
Critically examine this statement in the light of statutory and judicial authorities.
7. The Common-Law recognized a limited number of rights, which one Landowner could acquire
over the land of another and these rights were called Easements and Profits. An easement is a
privilege without profit. Discuss the distinguishing features of these rights, their acquisitions,
extinguishment and remedies for infringements.
8. Write shot but critical notes on the following:
- Reversionary lease
- Equity of redemption
- Foreclosure
- Pledge, Lien and Charge

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OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE, NIGERIA

FACULTY OF LAW
2011/2012 RAIN SEMESTER
LL. B PART IV FINAL EXAMINATIONS
PUL 402: LAW OF EVIDENCE
Time allowed: 3 hours
SECTION A
1. After long negotiations, out prejudice to settle a dispute between Mr Dabaru and Alhaji Kola
Kalokalo’s Solicitor, Amofin Esq., write to Mr Dabaru’s solitor Alaroye: “: “My client is prepared
to claim on the basis once your client’s damages have been assessed” Amofin neglected to, “out
prejudice". Alaroye replied” Mr Dabaru accepts your client’s offer to pay half his damages, the
only matter – left now is the question of quantum. We will shortly send you a detailed – account".
Alhaji considers the ensuing figures inflated and declines to settle. Mr Dabaru now sues for half
his damages and reasonable assessment of these. Alhaji Kalokulo who has now changed his
solicitor, says that he is not to pay either amount and that the letters between Amofin and Alaroye
are inadmissible; Alhaji Kalokalo call Amofin to give evidence and to produce Alhaji Kalokalo’s
letters to him in order to show that he has no authority to make any such compromise on his behalf.
DISCUSS distinction between admission and confession in the Law of Evidence in Nigeria.
Discuss

SECTION B
2. Discuss the view that the basis on which an appellate court would affirm, set aside, or order a re-
trial based on the wrongful rejection or admission of a piece of evidence is based on the provision
of the law since affidavit evidence carries the same weight like oral evidence, the legal prerequisite
for the validity of evidence strictly follows the provisions of the Nigerian Evidence Act. DISCUSS.
3. Ade has instituted an action for Trespass to land against Ola who raised the defense of ownership
of land. Exhaustively consider the admissibility of the following documentary evidence on behalf
of each party.
a. A photocopy of the sale of land purchase receipt issued by his acclaimed vendor, Chief
Ipaye.
b. A copy of the registered Deed of Transfer executed between Ipaye and Olu.
Is there any difference between competence and compellability of a witness?
4. A Board of Enquiry was set up to look into the loss of one ship of chemicals from Canada to
Nigeria, Counsel to the Board wants to subpoena a former Nigerian President and the Canadian
High Commissioner in Nigeria who were signatories to the contract as well as one Christopher who
is the cook of the High Commissioner and Allen, a brother to Christopher, who played an active
role in the incident, to testify in the matter. Advise the Board, making use of statutory and judicial
authorities, whether this is possible.
5. What is the relevance of section 36 (5) of the Constitution of the Federal Republic of Nigeria 1999,
to the: Burden of Proof in the Law of Evidence? Giving the relevant sections of the Evidence Act
and various cases, explain the fundamental principle of Criminal Law in Nigeria and certain
exceptions permissible.
6. With reference to certain provisions of the Evidence Act and other judicial authorities, discuss the
issues burden of Proof, shifting of Burden and Standard of Proof?

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OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE, NIGERIA

FACULTY OF LAW
2012/2013 RAIN SEMESTER
LL. B PART IV FINAL EXAMINATIONS
PUL 402: LAW OF EVIDENCE
INSTRUCTIONS: Attempt Four of the Questions out of which at least One question must be chosen
from each section.
TIME ALLOWED: THREE (3) Hours

SECTION 1

1. (a) “There are no degrees of secondary evidence”. Discuss

(b) Jackie has instituted an action for breach of contract against Yoman to which Yoman has
raised the defence of lack of contractual capacity. Consider the admissibility of the following
documents at the trial.
i. A Photocopy of Yoman’s Baptismal Certificate at Revival Fire Church.
ii. The original of Yoman’s JSS Certificate recording his age as 16.
2. Toksy is an employee of Chop and Quench Plc, a company located at the Ilupeju Industrial estate
that specializes in the production of Spaghetti. While on afternoon shift one day he injured his
hand in the process of operating a machine. He sued his employer for negligence. At the trial,
Toksy gave evidence about the machine’s mechanism while the defendant called an expert
witness to say that the accident could not have happened in the way Toksy alleged. The judge
decided to inspect the machine himself at Chop & Quench Plc factory to see it in operation. In
giving judgment for the plaintiff he said he preferred the evidence of this own eyes to that of the
defendant’s expert witness. Chop & Quench Plc has filed an appeal. Discuss.
3. A critical consideration in admitting computer generated evidence is the reliability of the
computer in the same way that witnesses giving oral evidence are required to satisfy tests of
competence to testify, so is the computer’s integrity and its reliability crucial as a foundation to
rendering evidence generated by it.
Yemi Osinbajo, "Admissibility of computer generated evidence under the Nigeria Law" (1990)
Jus. Vol. 1 No. 1 p 11. In the light of the above statement critically examine the provisions of the
New Evidence Act on admissibility of computer generated evidence.

SECTION 2
4. Kunle, Olufemi Tunji agreed to rob Barclays Bank in Ile-Ife and they each carried a toy gun with
a prior agreement to use the gun to frighten the bank official and customers. Unknown to others.
Tunji was carrying a real sub-machine gun. In the course of the robbery, Tunji shot the Bank
Manager dead. Unknown to the others. Femi was a police detective who had been sent from the
C.I.D. headquarters when the police received information on the proposed robbery. At the trial of
some of the accused for the murder of the Bank Manager, Kunle testifying for himself denied
participating in the crimes and put the whole blame on Tunji. Olu, in respect of whom a nolle
prosequi has been entered, testified for the prosecution and put the blame on both Kunle and Tunji.
Toyin and eleven-year-old school boy, who was present in the Bank at the time of the robbery,

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gave unsworn evidence implicating Tunji. Toyin’s evidence was subsequently confirmed by his
elder sister, Dupe who was thirteen years old at the time Tunji has been convicted of the murder of
the Bank Manager. Assuming you are appearing for Tunji on appeal, argue the appeal on the issue
of corroboration.
5. “The struggle between the Executive and the Judiciary in Nigeria on the issue of State Privilege is
essentially a question of who should have the last word and its seems appropriate that the Judiciary
should, for obvious reasons, have the last word, in fact the judiciary has successfully established
its claim in this regard.”. Discuss with reference to the law of state Privilege in Nigeria.

SECTION 3
6. With reference to certain provisions of the Evidence Act and other judicial authorities discuss the
issues of Burden of Proof, Shifting of Burden of Proof and Standard of proof?
7. Given the provisions of section 155 (1) of the Evidence Act. Cap E14. L.F.N 2004: explain the
fundamental problem arising from the competence and compellability of every person to testify
before a court of Law? Address your examiner on the rules relating to the competence and
compellability of children to give evidence in any judicial proceeding?

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 THE ACADEMIC COMMITTEE, LAW STUDENTS’ SOCIETY. 2017/2018 ACADEMIC SESSION

OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE, NIGERIA

FACULTY OF LAW
2013/2014 PART IV LL.B. DEGREE RAIN SEMESTER FINAL EXAMINATIONS
LAW OF EVIDENCE II (PUL 402)

Instructions: Attempt four of the Questions out which at least One Question must be chosen from each
section.
Time Allowed: Three (3) Hours

SECTION 1
1. (a) There are no degrees of secondary evidence.” Discuss
(b) In what circumstances, if any will opinion evidence of a non-expert witness be admitted?
(c) who and what decides’ whether a witness is an expert?
2. What is the difference, if any, between accepting evidence from an expert witness and taking
judicial notice in fact after enquiry?
3. In 2004, Fashy acquired a valuable oil painting from a dubious source. Last year, he sent it to
Master & Co. the Art restorers for cleaning. When Fashy got it back, he found it had deteriorated
considerably. Fashy wrote demand explanation and received a scribbled note from Bungle, the art
assistant who did the work, saying. “It is possible that I used too strong a solvent’. Fashy is now
suing the Masters & Co for damages. They denied any on their part. Bungle has left them and
cannot be traced. Fashy however has misplaced the scribbled note Bungle wrote to him but he could
find the photocopy he made. Advice Fashy on evidence.

SECTION 2
4. Kunle, Olu, Femi and Tunji offered to sell Jide; a kidnapped 11-year old boy to Awojingbinni, a
native doctor. Awojingbinni informed the D.P.O. Area `C’ Divisional Ile-Ife and he detailed
Corporal Dorcas, a police detective who pretended as a buyer that needed the boy for money-
making rituals. After selling the boy to the buyer for N200.000 all of them were arrested. At the
trial of some of the accused for conspiracy, kidnapping and trading human beings, Kunle and
corporal Dorcas testifying for themselves denied participating in the crime. Kunle put the whole
blame on Tunji who is the uncle of Jide as the master mind. Corporal Dorcas gave evidence that
Tunji was the one that collected the money. Olu for whom a nolle prosequi has been entered
testified for the prosecution and put the blame and Tunji. Femi, testifying on behalf of the
prosecution, denied involvement in the crime and put the blame on both Olu and Tunji. Jide gave
unsworn evidence that it was Tunji that came to take him from school to an unknown destination.
Jide’s evidence was confirmed by Banjo, his classmate who was 14 years old at the time. Tunji has
been convicted of all the charges. Advise the appellate court on uses of corroboration.
5. After long negotiations to settle a contractual dispute between Chief Owoike and Chief Ajenifuja,
Chief Oke’s Solicitor, Imodofin Esq. wrote to Solicitor to Chief Ajenifuja, A.A Alausa Esq as
follows “My parent is prepare to settle him on a 50/50 basis once your client’s damages have been
assessed”. Imodofin (failed to mark this letter “Without Prejudice” Chief A.A. Alausa writing
behalf of his client, responded follows: “Chief Ajenifuja accepts your client’s offer to pay half of
his damages. Detailed account shall be awareded soonest”. Chief Owoike considered the figures
sent hereafter initiated and he declined to pay. Chief Ajenifuja has sued, claiming half of his damage
from Chief Owoike. Chief Owoike who has changed his solicitor, claimed that he was not bound
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to pay that amount and that the letters exchanged between the two solicitors were inadmissible.
Chief Owoike wishes to call Imodofin Esq. to give evidence in the matter. Discuss.

SECTION 3
6. Write the Provisions of Section 175(1) of the Evidence Act, 2011. Relate this section to the
competence or otherwise of children to give evidence before a court of law or any judicial tribunal
established by law?
7. Subject to relevant statutory and judicial authorities, discuss the fundamental principles governing
the burden of proof in criminal cases. What are the major exceptions under the 1999 Constitution
and the Evidence Act?

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OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE

FACULTY OF LAW
RAIN SEMESTER 2012/2013 SESSION EXAMINATION
JPL 404 EQUITY AND TRUSTS II

1. (a) Trace the origin, history and reception of trust in Nigeria

(b) Critically discuss the concept of trust with the concept of family property under customary
law in Nigeria
(c) Would your position still be the same in respect of family ownership of land considering the
provision of the Land Use Act 1978.
2. Critically discuss the differences and similarities between the following concepts:
(a) Trust and contract
(b) Trust and Bailment
(c) Trust and Agency
(d) Trust and personal representatives
3. Equity will not aid a volunteer’. With the aid of decided cases and statutory – provisions where
applicable, critically discuss the foregoing with reference to the significance of the distinction
between completely and incompletely constituted trusts, (b) Discuss the rule in donationmortis
causa.
4. (a) Critically discuss the formal requirements of creating a trust
(b) Write secret Trust
(c) Half Secret Trust
(d) Trust of Imperfect obligations
5. With the aid of decided cases and statutory authorities critically discuss the following
(a) Private Trust
(b) Express public/Charitable trust
(c) What are the requirements of a trust to be considered charitable?
6. (a) Critically discuss the ways in winding trusteeship could be brought to an end
(b) what are the remedies for breach the contract?
(c) What are the defenses available in an action for breach of trust?
7. (a) With the aid of statutory and judicial authority critically discuss the formal and informal
requirements of valid a will.
(b) What are the applicable laws governing the making of statutory wills in Nigeria?

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OBAFEMI AWOLOWO UNIVERSITY, ILE-IFE

FACULTY OF LAW
2013/2014 RAIN SEMESTER EXAMINATIONS
JPL 404: EQUITY AND TRUST II
INSTRUCTIONS: ANSWER FOUR (4) QUESTIONS IN ALL. ONE QUESTION MUST BE
TAKEN FROM EACH SECTION
TIME ALLOWED: 3 HOURS
PART 1
1. Mr Gregory has appointed Claurus (15 years), Horsefail (15years), Bucknor (40 years), Tania (22
years) Johan (84 years) and Qin (37 years) as trustee of his settlement and transferred legal title of
his two acre of land and twelve buildings on Bourdillon road, Lagos to them on 25 April, 2012.
Meeting of trustees were called and held on 25 May 2012, 25 June 2012, 25 August 2012, 25
September 2012 and 25 October 2012. Qin never attended any of the meetings nor took any steps
to perform his duties as a trustee. By a letter dated 25th may 2012, JanTa informed the other trustee
that her tight office schedules coupled with frequent travels would not make her available to do any
“PP”, or act as a trustee and that she should be excused as a trustee. Claurus feels since he never
missed any of the meetings, he should be assigned to act as trustee to dispose of two of the buildings
on Bourdillion Road, Lagos but the other trustees feel otherwise. Johan could not attend most
meetings or act as trustee as a result of old age and other trustees feel it is of no use having him as
a trustee. Horsefail who attended the meetings of 25 May 2012 and 25 June 2012 has been in the
UK since 25 June 2013 till date. Advise Mr Gregory and all the parties.
2. Trustees are held for anything suffered to a trust estate. With the aid of relevant statutory judicial
authorities, critically, discuss this assertion

PART 2
3. Wills are the best wishes of the testator about how he wished things are done when he has died”.
With the above in mind, critically discuss the formal and informal requirements of making a will
and the termination of a will using decided cases and statutory authorities to back up your positions.
4. Consider the validity of the following:
(a) A will found in the drawer in the room of the testator
(b) Bola (21) a single girl but getting married in about 3 months from now made a Will today
(c) Chinyere (14) about to be airlifted to Maiduguri by the Military authorities to fight Boko
Haram
(d) Mr Bayo (41) made Will bequeathing his property to his two natural children and his adopted
son.

PART 3
5. Cash Madam who died testate in 2011 was a successful business tycoon. She was survived by 2
children namely, Monday and Sunday. In her Will which was read at the Lagos State Probate
Registry, she bequeathed two different choice properties in Lagos to each of her children. In the
same Will she also made a declaration that. “I give Mrs Pepeye, my bosom friend, the 5 Bedroom
Duplex at VGC Lagos, to be held upon such trust as I have declared to her”. Meanwhile, Cash

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Madam had in her lifetime discussed with and obtained consent of Mrs Pepeye concerning the
property and the beneficiary. Furthermore, Cash Madam had also in the same Will declared thus:
“I give all the funds in my current account with Agbonmagbe Bank, Ibadan Branch to my
beloved church, the Heaven’s Sake Oke Padi, Ibadan for the promotion of the gospel of our
Lord”. However, because of the road expansion project of the Oyo State Government the
Heaven’s Sake Church was pulled down shortly the will was read. Now the children of Cash
Madam are bickering over the house given to Mr. Pepeye claiming that their beloved mother
could not have given the choicest of her properties to her friend. They also claim that the fund in
Agbonmagbe Bank Account was too much to be given to the church alone. Parties have now
approached you for succinct legal advice on the following issues:
(a) What is the nature and validity of the property given to Pepeye?
(b) What is the nature of the funds given to the Heaven Sake Church and given the fact that the
Church was no longer in a distance what becomes of the fund?
(c) Assuming the Heaven’s Sake Church are not pulled down and the executors of the will agree
with the children concerning the fund can the church then by itself proceed to court to claim the
funds?
(d) If Jona were the undisclosed beneficiary of the property given to Mrs. Peyeye and also one of
the witness to the execution of the will, will the fact that he (Jona) witnessed the execution of the
will deprive him of his entitlement to the property.
(e) Assuming C.3sh madam only spoke with Mrs pepeye on Phone that “I would come and
discuss something with you concerning my “Will” but she never really did before she died. Can
Mrs Pepeye simply claim the property for herself and what happens then to the property?
(f) Assuming Monday had witnessed the execution of the Will, will that have any effect on his
legacy and what becomes of the legacy?
6. According to Handbury and Maudsley, the learned authors of Modern Equity, the classification of
trusts into completely constituted and incompletely constituted trusts is “irrational”. With the aid
of Judicial authorities and due to reference to relevant principles such as the rule in Strong v Bird,
Discuss your understanding of these two classifications of trusts

PART 4
7. While a trust may be deliberately created by a settler or imposed by the operation of the law, there
are however some similar concepts or legal relations which look like trusts but are not really trusts
and in fact, have legal consequences different from trusts. Define a trust properly so called and
discuss at least four other concepts or legal relations that are not really trusts but merely look like
trusts.
8. “Trust is assuming greater importance in the socio – economic life of Nigerians. With the gradual
disintegration of the concept, of family property as individuals now acquire properties, set up
businesses and become wealth trust becomes a veritable vehicle for management of these wealth
for the benefits of familiar and individuals”. (J.O Fabunmi, Equity and Trusts in Nigeria 2nd ed. Ile-
Ife: Obafemi Awolowo University Press Ltd, 2006), P. 194 Discuss
9. With aid of relevant authorities analyze and synthesize both statutory and equitable

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