University of Jos Evidence Past Questions

These past questions are simply compiled here fore academic purposes. we do not own copyrights to the respective questions

1st Semester, 2003/2004

• Bala, Femi, Charles and Olu conspired together to kill Ngozi. Immediately after the attack, Ngozi shouted, "Bala and Femi has killed me." She was rushed to the Jos University Teaching Hospital (JUTH) and given medical treatment. She subsequently responded to treatment and narrated in detail how she was attacked by Bala, Femi, Charles and Olu to JUTH medical personnel and her relations. Femi and Olu were picked up by the Village head and as a result of the respect they had for him, agreed to their complicity in the offence. The four of them were subsequently arrested by the police and after a thorough interrogation and torture, Femi, Charles and Olu made confessional statements. Bala refused to say anything despite the torture, but all the three other suspects implicated him in their statements. Ngozi later died and the four suspects were charged for murder before the Jos High Court. Consider the legal issues involved.

• Sometime in 1979, the Egbe family sued the Ajaegbu family before a District Court in Jos for a declaration in title in respect of Blackacre on the ground that by traditional history, they were entitled to the said Blackacre as well as other adjoining land thereto. The Ajaegbu family on the other hand claimed that they are entitled to the said Blackacre as a result of inheritance from their grandfather. the latter contention was rejected and the land was confirmed to the Egbe family in line with their contention. In 1989, Mr. Joseph Ajaegbu, the family head of Ajaegbu family sued the Egbe family before a Jos High Court claiming ownership of the same parts of Blackacre and all other adjoining lands. The Egbe family contended that the matter had been decided by the District Cour in 1979 and tendered the judgement of the District Court signed by the trial District Judge, Mr. John Dalang as proof. Mr. Joseph Ajaegbu on the other hand doubted the authenticity of the judgement as the certified copy was not tendered and therefore called on the Registrar of the district court to give oral account of the proceeding of 1979. He contended further that the subject matter in 1979 suit was different from the present one and that even if they were  the same, the judgement of 1979 was void for want of jurisdiction. The trial judge while rejecting the judgement tendered accepted Mr Joseph Ajaegbu's contention relying on the evidence of the Registrar to hold that the subject matter is different and held further that quite apart from the Registrar's evidencem it was convinced that the District COurt had no jurisdiction. COnsider whether:
• From the facts stated, the judgement of the District Court could have operayed as estoppel and if so, to what extent?
• The rejection of the judgement tendered by the defendant and the acceptance of the Registrar's evidence was valid.
• The trial judge was wrong to have annulled the judgement of the District Court for want of jurisdiction.
  

• Bisi was attacked by armed robbers at his house at 4, Katako Road, Jos on the 5th of May, 2004 where his Mercedes Benz with Registration number ABB 145 RYM was stolen from his house. On the 10th of May 2004, the vehicle was recovered at Gangare Jos driven by Musa in company of Emeka and Bala. The three were arrested and arraigned before a Jos High Court and they were convicted of armed robbery based on their possession of the vehicle. They appealed to the Court of Appeal Jos and the court confirmed the decision. The accused persons has further appealed to the Supreme Court on the grounds that:
• Their conviction based on the possession of the vehicle was wrong
• the prosecution has called only two witnesses out of five originally listed in the proof of evidence at the trial and that failure to call the three other witnesses was fatal to the case of the prosecution. Discuss the issues raised and the possibility of success.
• Define the term Affidavit, and what must an Affidavit contain?
• Ajayi Obe and Ngozi are disputing a piece of land. Ngozi has been in possession for 5 years when suddenly Ajayi Obe trespassed on the land. Ngozi has brought an action against Ajayi Obe claiming declaration of the title to the land, damages for trespass and an injunction. Meanwhile, Ajayi Obe has been encroaching in the land despite the pendency of the suit. Ngozi consults you to bring an application for interlocutory injunction restraining Ajayi Obe from further trespassing on the land pending the determination of the substantive suit. Draft the Affidavit to support the motion.
  

•  Consider the impact of the judges rules in the administration of Justice in Nigeria
• Discuss the scope of S5a of the Evidence Act Cap 62 LFN 1990

• Discuss the issues provided in the following cases:
• Emeka, a police officer was convicted of the offence of official corruption having received reward beyond his proper pay. He appealed on the grounds that there was no proof of what his proper pay and emolument is.
• Ejiga was charged with the offence of culpable homicide punishable with death. He confessed to have killed the deceased Okoro his first son on the grounds that his wife poisoned him and that he did not want his first son to suffer after his death. At the trial, he averred that the son was killed  by armed robbers. He was convicted and sentenced to death. he appealed on the ground that the trial judge did not consider the fact that he could not have the capacity to know that what he was doing was wrong.
  

• Write notes on any 3 (three) of the following:
• Presumption of legitimacy
• Informal Admissions
• The facts and the law in Ogbunniya v. Okudo (1990) 7 SCJN 29
• The inconsistency rule (Egboghonome v. State (1993) 7 NWLR (Pt 306) 838)