NIGERIAN LAW SCHOOL 2010 BAR FINALS QUESTIONS AND ANSWERS IN PROFESSIONAL ETHICS AND SKILLS
NIGERIAN LAW SCHOOL
BAR PART II EXAMINATION
LAW IN PRACTICE
FRIDAY, 23TH AUGUST 2010 TIME: 3 HOURS
INSTRUCTIONS:
ATTEMPT ALL QUESTION
QUESTION 1
You are a partner in the law firm of Oyoyo & co. a client visited your office in your absence but your junior counsel interviewed the client and made the following notes for you.
The client is a female foreigner who has been in Nigeria for the past two (2) weeks. She is staying at Top Hill Hotel. She was referred to us by a kind policeman she ran into. The clients grandfather died about five years ago and left over 1 million pounds for her in his will. She planned to invest the money and use the yield to invest in charity work in the Sudan. When she was contemplating on investment plan, she received an email from one Chief Udele from Nigeria asking her to provide bank account details to receive about 5million pounds looted by the late military president which Chief Udele kept for the late president under the ministrys name in the central bank but which he cannot use because of new financial rules for public servants in Nigeria. The money was purportedly meant for the payment of a contract for the supply of generators to the ministry and that had earlier been certified done, but before the money could be withdrawn the president died.
Chief Udele had introduced himself to our client as the senior special assistant to the governor of central bank of Nigeria. After some exchange of emails, Chief Udele agreed that our client will keep half of the money if our client took custody of the 5 million pounds. Chief Udele had invited our client to visit Nigeria on his account and our client visited last year. Chief Udele took care of all our clients travel expenses then including her hotels bills. Chief Udele even took our client to a building with central bank inscription and our client was introduced to somebody said to be the central bank governor and other officials. Our client was convinced that the transaction was genuine and she thought of all she could do with 2.5m pounds for the poor in Sudan and provided Chief Udele with her account details. Instead of transferring the money, Chief Udele began to ask our client to pay one tax or another payment to enable him retrieve the fund from the ministrys account. On the whole our client transferred over 300,000 pounds to an account in Nigeria provided by chief Udele. Chief Udele then suddenly stopped communicating with our client.
Our client lodged a report with the police in the United Kingdom and after some series of letters, she was advised that the police in Abuja had taken over the matter and she was advised to visit Nigeria and meet with the police. Our client had seen the commissioner of police who handed over to some officers. The officers told our client that they arrested chief Udele but released him on bail because they found no evidence to prosecute him.
Our client sounds worried and mentioned that her money for her stay in Nigeria is running out. Our client works full time and is on this trip on some sort of leave without pay and she said that if she does not return to work soon, she may lose her job. She has two children she supports. Our client mentioned that she had earlier consulted another firm in Nigeria but the law firm advised her to pay 5000 pounds in addition to their fees to enable them pay the commissioner of police to capture chief udele to get him to co-operate and say where he kept our clients money. Our client believes that the police in Nigeria do not seem to be doing anything further on the matter. Our client seems helpless and doesnt know what to do or what to suggest to the police. Our client says she wants her money back and that she needs to return to her country soonest.
After you have read these notes, please do the following:
a. State the problem in this case in not more than one sentence. Also state in not more than a sentence your clients goal
b. Assuming you need more facts in this case to be able to fully advise your client, list the matters you need the facts or clarification for from your client.
c. Assuming you have agreed to act for the client, what line of action would you take in view of the information from the client that she had contracted another law firm in Nigeria earlier? Support your position with authorities if any.
d. Assuming you decided to contact the earlier law firm, do so by a letter of not more than one page.
e. With the aid of authorities, write an opinion regarding the role of the earlier law firm in demanding 5000 pounds to give to the commissioner of police.
QUESTION 2.
Barrister Uya Abang was briefed by a client, Mr. Idam Akpan to represent him in a matter before Hon. Justice Peter Nkoyo of the high court of Cross rivers state, Calabar judicial division. In the course of the trial, the matter was struck out because barrister Abang was absent from court sittings five (5) times.
At the end of the trial, Barrister Abangs client Mr Akpan lost the matter. Mr Akpan refused to pay Barrister Abang his professional fees on the guard that Barrister Abang was not diligent in prosecuting the matter. After making several demands in writing for payment of his professional fees, Barrister Abang instituted an action for the recovery of his settlement out of court, which request he granted and an agreement was reached
2. a (i) which options are available to Barrister Uya Abang in recovering his professional fees.
ii. List the content of a bill of charges.
Oyebode Susu has been a junior partner in the firm of GLORIA DAVIS & CO. He has put in some twelve years in the firm and has now decided to venture out on his own. He has decided to set up his own law office in Abuja. As a measure of appreciation of his contribution to the firm, the firm gave him the sum of N5,000,000 on the 3rd day of March, 2012 during the send forth ceremony. On the 5th day of March 2010, Oyebode Susu Esq rented one wing of a duplex at Apo District Abuja and paid the sum of 500,000 as rent. On the same day he made the following purchases:
i. Laws of the Federation of Nigeria N20,000
ii. Office furniture N200,000
iii. Computer accessories and hardware N180,000
iv. A brand new Rio Kia car N1,500,000
v. Yearly subscription of Nigerian weekly Law Reports N500,000
2b. Draw up Oyebode Susus cash book and the opening balance in his ledger account
Recently the Chief Judge of Cross Rivers State notified the State Governor of the need to appoint five new High Court Judges for the State.
2(c) In Summary, outline five (5) steps in the procedure for appointment of judges as contained in the Revised National Judicial Council Guidelines and Procedural Rules for the appointment of Judges and Kadis.
Hon Chumba Joba of the Federal House of representatives is worried by the alarming rate of unemployment and youth delinquency in Nigeria. As part of measures to tune down the level of delinquency among youths in Nigeria, Hon Joba plans to sponsor a Bill for an Act to provide compulsory monthly allowance for all unemployed youths in Nigeria and for matters connected thereto. He has engaged the services of Prinibo Abdullahi who was called to the Nigerian Bar in November 2009 to draft the proposed bill. Afraid that he may not be able to handle the brief competently, Abdullahi has approached you for advise and assistance.
2(d) Advise him on the following:
i. Set out briefly the stages Barrister Abdullahi will have to take in drafting the proposed Bill.
ii. Draft the long title of the bill.
iii. Assuming the Minister for Labour and Productivity is charged with the responsibility of deciding when the bill is to come into force, draft the commencement clause.
iv. Mention five sources of materials used in drafting legislation.
Barrister Buggy Boogy wants to get rid of the irrelevant files in his office and has asked his secretary to destroy all files in which he has obtained judgments and the files he opened for a client in respect of the land matter on which the client never completed his instructions even though the client left his title documents with Barrister Buggy Boogy. He asked his secretary to burn them and as an afterthought, asked her to give the files to the Akara seller across the road on order to be in her good will.
2(e). How would you deal with files which matters have been concluded in your law office?
QUESTION 3
The law firm of JKD& Co. wants to begin practice as Arbitrators and mediators and is seeking to employ more lawyers. The Law Firms notice to potential employees put up in the 5th Edition of the Nigerian Bar Journal requests applicants to go to their website. On going to the website you found the requirements for the application, namely, an application in the applicants handwriting, the applicants curriculum vitae and an essay explaining how to challenge and enforce an arbitration. During your search on the internet, you also saw two other Nigerian Law Firms websites with the following on their home pages:
Frontline Leading law Firm in Nigeria with international focus and experience.
Our Vision
KLEM & Partners envisions itself as a frontline leading Law Firm in Nigeria with international focus and experience. Its service delivery model empowers the client by keen focus on clients needs and concerns. Our firm client relationship management strategy emphasises client satisfaction in a timely and efficient manner.
The Firm
The firm of KLEM & Partners is one of the leading firms in Nigeria. Established in 1989 by Chief KLEM, MFR, SAM, the firm has in 18 years developed an enviable portfolio of clients and a wide range of experience in national and international legal services and transactions. The Firms experience spans through the areas of commercial and financial transactions, Capital market Operations, Maritime Law and Oil and Gas Litigation.
In its 18 years of operation, the firm has handled over 1,000 briefs and novel cases that have contributed to legal development and reforms in Nigeria.
“CHIEF BABAJE, SAN & CO.
The firm has produced several judges and fourteen (14) Senior Advocates of Nigeria (Nigerian equivalent of Queens Counsel in England) which is the largest number produced by any law firm in the country.
The Chambers of Chief Babaje & Co. Is one of the leading firms of Barristers and Solicitors in Nigeria and its principal Chief Babaje, SAN has been noticed in reported cases as industrious and masterful in conduct of his clients cases by the Supreme Court of Nigeria, Chief Babajes Chambers is a composite firm of legal practitioners engaged in providing a wide range of legal services to persons and corporate bodies that may require them the firms legal practice areas and services are extensive and all encompassing.
ANSWER THE FOLLOWING QUESTIONS:
(a) Write the application for the employment and your curriculum vitae.
(b) Write the essay (a short one) explaining how to challenge and enforce an arbitration.
(c) Comment on the two postings on the websites of KLEM & Partners and Chief Babaje, SAN & Co.
(d) Write a reflective opinion on In reality, there is no difference between advertisement and solicitation by the lawyer under the Rules of Professional Conduct for Legal Practitioners.
QUESTION 4
Consider the following facts and answer the questions that follow:
Your client Joe has been charged with the murder of his wife. During your fourth interview with him, he broke down in tears and admitted killing his wife while trying to shoot his mother-in-law. When he calmed down, he told you to explore the possibility of a case of mistaken identity. Your own advice which he turned down was that he should plead guilty. For obvious reasons, Joe will not testify at his trial. Your theory of the case is mistaken identity. In opening statement, you told a story of Joes actions on the night of the killing that was consistent with his statement at the Police Station. You knew with certainty that what you told the court was false.
a. i. Explain if what you did violates your professional responsibilities and why.
b. ii. Explain if there is any support for your going ahead with the case in spite of the position of Joe on the matter.
iii. Instead of the opening statement you presented above, state alternative statement or statements or actions that you may have nursed or presented at the opening stage faced with the facts you knew.
At the trial of Charles Taylor before the War Crimes Tribunal for Sierra Leone, Miss. Campbell stated during cross examination that after a dinner hosted by President Mandela, in South Africa, some men she did not know woke her up in the midnight and gave her some stones that she later knew were unprocessed diamonds and that she did not know they came from Charles Taylor. The prosecution lawyer then re-examined Miss. Campbell as follows:
Miss. Campbell, you know that what you have stated before this court is not the truth and you have so testified because you are afraid of the defendant
The defendant Counsel objected to this question.
(b) i. Write your grounds or reasons supporting the objection.
ii. Is there any stage during a trial when prosecuting Counsel could ask the Prosecuting witness this kind of question? Explain briefly.
In a civil litigation Chief John sued the state for a declaration that between 1999 and 2007, he was a member of the State Law Reform Commission. To support this claim, Johns lawyer through John in evidence in Chief tendered a speech marked Exhibit A of the immediate past Attorney-General of the State during the Law Reform Commission Laws of the State Presentation of 2008. The former Attorney-Generals speech read in part as follows:
Your Excellency before this Commission was set up, a Committee headed by Dr. Eke together with Chief Uba and Prof. Oko was set up to review the Pre-1990 imperial Legislation that were still applicable in the State. That Committee worked tirelessly and produced new laws that were enacted into Edicts by Col. Ike Nwosu, the then Military Administrator of the State in May of 1999. The present Commission which was then set up after that Committees work worked from 1999 t0 2007 to produce the laws we are presenting today. The Commission Chairman and members are as follows: Dr. Ume as Chairman, Chief John (Member) and Prof. Dike (Member). As Counsel for the State, the only fact at your disposal is that in May 1999, the Military Administrator of Abia State was Col. Ike Nwosu.
(c) i. What would be your line of cross-examining Chief John and why?
ii. State the question or questions you would ask in cross-examination.
iii. Write a short explanation of the principles and scope of cross-examination.
AUGUST 2010
LAW IN PRACTICE
MARKING SCHEME
QUESTION 1 (a)
The main problem is obtaining money by false pretences, but others include a legal Practitioner violating the law in the course of his duty, that is, demanding £5,000.00 with which to bribe the Commissioner of Police and the modalities to be complied with in taking up a brief when another counsel has already been briefed. (2 marks)
The clients goal is to recover her money and return to her country soonest. (1 mark)
QUESTION 1 (b)
i) Name of the client
ii) Address of the client
iii) Clients bank account details
iv) Details of Chief Udele or the Nigerian Account provider by Chief Udele
v) Bank documents as evidence of the transfer of funds
vi) The exact amount of money transferred by the client
vii) Copy of the report lodged with the police in UK
viii) The letters received by client from UK police on the matter
ix) At which command of the police did the client see the commissioner?
x) Any names of the policemen seen by client
xi) Did the client give any written statement to the police?
xii) The name of the other law firm or lawyers consulted by the client in Nigeria
xiii) The address of the other law firm
xiv) Any outstanding fees with the other law firm
xv) Any information on the name and address of the hotel where the client lodged during the last time she visited Nigeria on Chief Udeles invitation and sponsorship?
xvi) Did the client identify Chief Udele for the police or the person the police released on bail as Chief Udele? (5 marks)
QUESTION 1 (c)
I will comply with Rule 27 (4) RPC as follows:
(1) Give notice to (get in touch with) the former legal practitioner; (1 mark)
(2) Use my best endeavours to endeavour to ensure that the EARNED fees of the former legal practitioner are settled; (1 mark)
(3) On behalf of the client, to collect all (of the client`s) documents in the custody of the former legal practitioner.
See Rules 27 and 29 Rules of Professional Conduct. (1 mark)
QUESTION 1 (d)
The letter drafter by the candidate must contain the following:
i) Appropriate letterhead or the writers address (indicating the name, address, phone number, etc).
ii) Reference
iii) Date (in any of the acceptable formats —- 11 August 2010; August 11, 2010; 11th August, 2010)
iv) Receivers name and address
v) Salutation
vi) Apt Heading
vii) Body of the letter taking into cognizance that 3 paragraph structure of introduction, middle and conclusion, punctuations, spelling, grammar and use of language generally.
viii) Complimentary closure, i.e. Yours faithfully or Yours sincerely
ix) Signature
x) Name
xi) Designation (6 marks)
1e) A lawyer should not advise or assist in the violation of the law. He should also not give advice involving corruption of holders of public office. Rule 15(3)(a) RPC. GOODENOUGH V. SPENCER; MYERS V. ELMERS. (3marks)
QUESTION 2 (a) (i)
(1) To go to court to recover his professional fees
(2) To exercise a lien on the property in his possession, i.e. the clients money or documents
(3) To obtain a charging order in response of property recover or procured by the lawyer. (1 ½ marks)
QUESTION 2 (a) (ii)
Contents of a bill of charges
i) Date on which it was issued
ii) Name and address of the client
iii) Matter to which it relates
iv) Principal items to be charged
v) Particulars of the principal items
vi) Date on which the principal items were incurred
vii) Signature and name of the legal practitioner (2 ½ marks)
(Any five)
QUESTION 2 (b)
OYEBODE SUSUS CASH BOOK
3.3.10 Capital 5,000,000.00
5.3.10 Rent 500,00.00
5.3.10 Law books 20,000.00
5.3.10 Office furniture 200,000.00
5.3.10 Vehicle or car 1,500.00
5.3.10 Law reports 500,000.00
31.3.10 Balance c/d 3,778,500.00
31.3.10 Balance b/d 5,000,000.00
(2 ½ marks) OR
OYEBODE SUSUS CASH BOOK
3.3.10 Capital 5,000,000.00
5.3.10 Rent 5,000,00.00
5.3.10 Law books 20,000.00
5.3.10 Office furniture 200,000.00
5.3.10 Vehicle or car 1,500,00.00
5.3.10 Law reports 500,000.00
31.3.10 Balance c/d 2,280,000.00
31.3.10 Balance b/d 5,000,000.00
(2 ½ marks)
LEDGER
CAPITAL ACCOUNT
Date Particulars Dr Cr
3.3.10 Cash 5,000,000.00
RENT ACCOUNT
Date Particulars Dr Cr
5.3.10 Cash 5,000,000.00
LAW BOOKS ACCOUNT
Date Particulars Dr Cr
5.3.10 Cash 20,000.00
5.3.10 Cash 5,000,000.00
OFFICE FURNITURE ACCOUNT
Date Particulars Dr Cr
5.3.10 Cash 200,000.00
VEHICLE OR CAR ACCOUNT
Date Particulars Dr Cr
3.3.10 Cash 1,500,000.00
(2 ½ marks)
QUESTION 2 (c)
i) The Chairman of the Judicial Service Commission will seek the approval of the Governor starting the number of judges required and send a copy to the Secretary of the National Judicial Council;
ii) Nominations shall be called from Judicial Officers;
iii) Candidates shall be short listed;
iv) Names of short listed candidates are circulated to serving judicial officers and NBA branches;
v) Short listed candidates will then fill the NJC Form A
vi) The Judicial Service Commission will deliberate, screen and select candidates;
vii) The selected candidates names are sent to NBA branches and serving judicial officers for their comments;
viii) The Judicial Service Commission will send the names of selected candidates to the National Judicial Council for recommendation;
ix) The Governor will appoint the judges on the recommendation of NJC subject to the confirmation of the appointment by the State House of Assembly. (3 marks)
QUESTION 2 (d) (i)
i) Taking and understanding instructions
ii) Analysing instructions
iii) Designing a draft
iv) Composing the draft
v) Scrutiny (2 ½ marks)
QUESTION 2 (d) (ii)
(1) Long title:
A BILL FOR AN ACT TO PROVIDE FOR COMPULSORY MONETARY ALLOWANCE FOR ALL UNEMPLOYED YOUTHS IN NIGERIA AND FOR MATTERS CONNECTED THERETO. (½ mark)
QUESTION 2 (d) (iii)
Commencement:
Section 3 This Bill shall become operative on a date to be appointed by the Federal Ministry of Labour and Productivity.
Or
This Bill shall come into operation on such a date as the Federal Ministry of Labour and Productivity may determine by Notice (½ marks)
QUESTION 2 (d) (iv)
Sources of materials for Legislative Drafting:
(1) Party Manifestos
(2) Electoral Promises
(3) Law Reform Commission
(4) Civil Society Advocacy
(5) Government policies
(6) Newspaper editorials and publications
(7) Government White paper
(8) Judicial decisions
(9) Legislative resolutions
(10) Memos from Government departments
(11) International obligations
QUESTION 2 (e)
i) The Legal practitioner is required to keep for at least six (6) years from the date of the last entry in the books, all books and accounts kept by him.
ii) You could move the files to low cost storage where you keep them for a reasonable time before destruction.
iii) The statute of limitation should be considered in determining how long to retain a file before destruction.
iv) Important documents in the file should be removed and returned to the client before destruction. (2 marks)
QUESTION 3 (a) (i)
i) Letter (see structure in 1d above) (2 marks)
ii) Contents of curriculum vitae
iii) Name
iv) Address
v) Date
vi) Permanent home address
vii) Local Government Area and State of origin
viii) Schools attended with dates
ix) Work experience with dates
x) Extra-curricular activities
xi) Professional bodies to which you belong
xii) References
xiii) Signature and date (6 marks)
QUESTION 3 (b)
Enforcement of arbitration, see S. 31, Arbitration and Conciliation Act
(a) By application to the High Court with the following attached:
(1) A duly authenticated original award or a duly certified copy
(2) Original arbitration agreement or duly certified copy
(3) Enforced in the same manner as a judgement of court (3 marks)
(b) Challenge of Arbitration, see S. 29 Arbitration and Conciliation Act
(1) The challenge must be made within 3 months of the date of the award
(2) By way of application to set aside the award, supported with an affidavit (2 marks)
QUESTION 3 (c)
The two of them are adverts.
For Klem and Partners, see Rule 39 (1)(a); 39 (2)(a)(d)
For Chief Babaje SAN & Co., see Rule 39(1)(a); 30(2)(a)&(b) (2 marks)
QUESTION 3 (d)
Advertisement involves furnishing, permitting or inspiring newspaper, radio or television comments in relation to the lawyers practice, making statements about the quality of the lawyers work, the size of success of his practice or his success rate, comparison with or criticism of other lawyers, or professionals or statements likely to diminish public confidence in the legal profession, administration of justice or bring the legal profession into disrepute.
Soliciting involves soliciting employment directly or indirectly by circulars, handbills, or through touts or by personal communication or interview. (5 marks)
QUESTION 4 (a) (i)
It violates the Rules of Professional Conduct. Rule 15(3)(f),(g),(h) RPC. Counsel should not knowingly make a false statement of law or fact. He should not knowingly make a false statement of law or fact. Counsel knows the case is not one of mistaken identity, but he knowingly told the court in his opening statement that it is. He should not take part in putting forward a case he knows is false. Rule 15 (2) RPC
Counsel should keep within the bounds of the law in defence of his client, notwithstanding contrary instructions by the client. Counsel should not have been persuaded by his client to put up a defence of mistaken identity which is a falsehood. (2 marks)
QUESTION 4 (a) (ii)
A confidential disclosure of guilt alone does not require a withdrawal from the case. The plea of not guilty is a forma plea, a challenge to the prosecution to prove his case. The accused is presumed innocent until proved guilty and there is no impropriety in fighting to show that the prosecutions case has fallen short of proof. This is different from putting before the court a positive defence known to be false. Where the prosecuting counsel fails to discharge his duty to prove the accused guilty beyond reasonable doubt, the defence counsel should not hesitate in pointing out the lapse.
Ahmed V COP; Abele V Tiv NA (2 marks)
QUESTION 4 (a) (iii)
Advise the client to enter a plea of not guilty, do not make an opening statement. Let the prosecution to prove his case beyond reasonable doubt, because the law presumes accused innocent until proved guilty. (2 marks)
QUESTION 4 (b) (i)
The question is a cross examination question and not re-examination. Prosecution is not allowed to cross examine during re-examination and also the prosecution cannot cross examine its own witness unless has been declared a hostile witness. It is also a leading question which is not allowed during re-examination. (2 marks)
QUESTION 4 (b) (ii)
Yes, when the witness has been declared a hostile witness. Also, leading questions may be asked in re-examination in respect of introductory, non-contentious matters. (3 marks)
QUESTION 4 (c) (i).
Show that exhibit A should not be relied on. No weight should be attached to it because there is a fundamental error of fact stated on it the wrong name of then Military Administrator. (2 marks)
QUESTION 4 (c) (ii)
Is it correct to say that the Military Administrator of ————– state in May 1999 was Colonel Obi?
What were you doing between 1999 and 2007?
Were you given any letter of appointment indicating that you were appointed to that committee?
Is the name John particularly referable to you alone or could it be applicable to some other person?
(Any 2) (2marks)
QUESTION 4 (c) (iii)
Principles of Cross Examination S. 200 Evidence Act
Cross Examination should aim at
i) Testing accuracy, veracity or credibility of the witness
ii) Discover who he is and what is his position in life or
iii) Shake his credit, by injuring his character.
Scope of Cross Examination
i) The sky is not the limit in cross examination
ii) The question asked must be relevant S. 203 EA
iii) Indecent or scandalous or insulting questions are prohibited unless they relate to facts in issue S. 204 EA (5 marks)
