KING’S BENCH COMPENDIUM ON CLASS OF A THOUSAND QUESTIONS AND ANSWERS.

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KING’S BENCH
COMPENDIUM
ON
CLASS OF
ATHOUSAND
1

, QUESTIONS
CRIMINAL LITIGATION
ESSAY QUESTIONS AND ANSWERS
WEEK 3 & 4: OVERVIEW AND JURISDICTION


QUESTION 1
What is your response to the refusal of an Area Court Judge to grant a right of audience
to counsel in the Area Court?


ANSWER 1
By virtue of S.390 of the CPC and S.28 of the Area courts Edict, 1967, legal
practitioners do not have a right of audience in Area Courts. These provisions have been
declared to be inconsistent with S.36 (6) (c) of the 1999 Constitution (as
amended)which guarantees an accused person the right to defend himself in person or by
a legal practitioner of his own choice. S.390 of the CPC and S.28 of the Area courts
Edict, 1967 are, therefore, void to the extent that they are inconsistent with S.36 (6) (c)
of the 1999 Constitution. See Uzodinma v. Commissioner of Police (1982) (1) NCR 27


QUESTION 2
What is your response to an objection to the trial of Major AB by a High Court on the
ground that he had already been tried and acquitted by a court-martial? Would your
answer be the same if the earlier trial was by the High Court?
2

, ANSWER 2
The trial of civil offences by a court-martial does not oust the jurisdiction of a civil court
to try such offences. However, any civil court that tries a person already convicted by a
court-martial shall in imposing sentence have regard to any sentence already imposed by
the court-martial. See S.170 (2) of the Armed Forced Act. But if the officer was already
tried by a civil court, the court-martial can no longer try him.


QUESTION 3
Can a State High Court try AB (aged 13) and CD (aged 15) on a charge of murder?


ANSWER 3
Where a juvenile is charged with a capital offence, he cannot be tried in a juvenile court
but may be tried by a regular court i.e. a State High Court. See S.8 (2) of the Children
and Young Persons Law Cap. C7, Laws of Delta State, 2008


QUESTION 4
Can a court-martial try Mrs. JK who is accused of embezzling funds belonging to a unit
of the Nigerian Army Officers Wives Association?


ANSWER 4
By virtue of S.130 of the Armed Forces Act 1993,the courts-martial shall have
jurisdiction to try persons subject to service law. A court-martial cannot try Mrs. JK since
she is not subject to service law.


QUESTION 5
How will a court determine the age of a juvenile offender?


3

, ANSWER 5
The age of a juvenile can be determined by (a) adducing direct evidence, (b) oral
testimony as to the age of the accused person by his parents or relations, or (c) medical
examination by a medical practitioner in a government medical institution. See R. v.
Oladimeji (1964) M.M.L.R. 31


QUESTION 6
Comment on the regularity or otherwise of the following: Major PQ of the Nigerian
Army was tried and convicted by a court-martial convened by Colonel GH acting on
behalf of the Chief of Army Staff and constituted by Captain AB and Lieutenants CD and
EF.


ANSWER 6
By virtue of S. 133 of the Armed Forces Act,an officer cannot be tried by a court-
martial constituted by officers of a lower rank. See Okoro v. Nigerian Army Council
(2000) 3N.W.L.R 647 at P.77


QUESTION 7
State the court that has jurisdiction in respect of treason and treasonable felony.


ANSWER 7
The Federal High Court. See S.251 (2) of the 1999 Constitution (as amended)


QUESTION 8
State the court that has jurisdiction in respect of the offence of vandalization of oil
pipelines.


ANSWER 8
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