NG Bar Crim Lit cheat sheet

Nigerian criminal liability requires both actus reus (the prohibited conduct, omission, or state of affairs) and mens rea (the guilty state of mind) concurring at the same time; the prosecution bears the burden of proving both beyond reasonable doubt.

Mens rea gradations under the Criminal Code and Penal Code: intention, knowledge, recklessness, and negligence; the Penal Code (applicable in the north) uses different terminology such as 'intentionally', 'knowingly', and 'rashly' rather than the English common-law terms.

Murder under s.316 Criminal Code requires unlawful killing with malice aforethought, either an intention to cause death or grievous bodily harm; voluntary manslaughter arises where the killing is reduced by provocation or diminished responsibility.

The defence of provocation requires a sudden loss of self-control caused by the deceased's wrongful act or insult, sufficient to deprive an ordinary person of self-control; it is unavailable if the accused acted in retaliation after a cooling-off period.

Self-defence under s.286 Criminal Code requires reasonable force used in defence of person or property against unlawful attack; excessive force reduces murder to manslaughter but does not fully exculpate.

The insanity defence (M'Naghten rules) requires a defect of reason from disease of the mind such that the accused did not know the nature and quality of the act or did not know it was wrong.

Theft under s.383 Criminal Code is the dishonest taking of another's property with intent permanently to deprive; the 'claim of right' defence negates dishonesty where the taking is honestly believed to be lawful.

Inchoate offences: attempt requires an act proximate to the intended offence, conspiracy requires agreement between two or more persons to commit an unlawful act, and incitement requires encouragement or persuasion of another to commit an offence.

Criminal Procedure Act and Administration of Criminal Justice Act (ACJA) 2015 govern arrest, bail, remand, and trial; the ACJA requires police to bring an arrested suspect before a court within a reasonable time, generally 24 to 48 hours.

Land tenure in Nigeria: the Land Use Act 1978 vests all land in the state governor, who holds it in trust for the people; individuals acquire statutory rights of occupancy rather than freehold title.

A customary right of occupancy is granted by a local government over land in non-urban areas, while a statutory right of occupancy is granted by the state governor; both are evidenced by a Certificate of Occupancy.

Deeds of assignment, leases, and mortgages over land must be registered under the Land Instruments Registration Law to be admissible in evidence and to confer priority against subsequent purchasers.

The nemo dat quod non habet rule means a transferor cannot pass better title than he holds; exceptions include sale by a mercantile agent, sale in market overt, and estoppel by representation.

A lease requires exclusive possession for a determinate term at a rent; a licence merely confers permission to occupy and is revocable, and the distinction determines whether statutory security of tenure applies.

Fixtures: items affixed to land with the intention of permanent improvement pass with the land; the degree and purpose of annexation determine whether an item is a fixture or a chattel.

Adverse possession does not run against state land under the Land Use Act; the Limitation Act periods do not extinguish the state's reversionary interest.

Conveyancing steps: contract of sale, investigation of title, preparation and execution of deed of assignment, payment of consent fee, stamping, and registration; failure to obtain governor's consent renders the assignment void.

The Companies and Allied Matters Act (CAMA) 2020 governs incorporation; a company is a separate legal person distinct from its members (Salomon v Salomon), with perpetual succession and limited liability.

Minimum share capital: a private company requires at least N100,000, and a public company at least N2,000,000; at least 25% of the authorised share capital must be allotted at incorporation.

Corporate veil piercing occurs where the company is used as a mere sham or agent, for fraud, or where statute expressly imposes personal liability (e.g., tax defaults, fraudulent trading).

Directors owe fiduciary duties of good faith, loyalty, and avoidance of conflict of interest, plus duties of care and skill; breach renders them personally liable to the company.

A company contracts through its board of directors, whose acts bind the company; the indoor management rule (Turquand) protects outsiders dealing in good faith with the company.

Shareholder remedies for oppression or mismanagement include the derivative action (s.343 CAMA) and the personal action (s.346 CAMA); winding-up on just and equitable grounds is a last resort.

Annual returns and audited financial statements must be filed with the Corporate Affairs Commission; failure to file attracts penalties and can lead to striking off the company from the register.

Meetings: an annual general meeting must be held once every calendar year, with not more than 15 months between meetings; notice of at least 21 days is required for public companies.

The Legal Practitioners Act and the Rules of Professional Conduct 2007 govern Nigerian lawyers; a lawyer owes duties to the court, the client, the profession, and the public, in that order of priority where conflict arises.

Confidentiality: a lawyer must not disclose a client's confidences without consent, except where disclosure is required by law, to prevent a crime, or to defend the lawyer against a client's allegation.

Conflict of interest: a lawyer must not act for two clients with adverse interests in the same matter, nor act against a former client in a substantially related matter without consent.

Client account rules: client funds must be kept in a separate designated client account, and trust funds must not be commingled with the lawyer's own funds; misappropriation is professional misconduct.

Fees must be reasonable and disclosed in advance; contingency fee arrangements are restricted, and a lawyer may not acquire a proprietary interest in the subject matter of litigation.

A lawyer must not communicate directly with a party represented by counsel, and must not knowingly make false statements of fact or law to the court.

Duty to the court: candour requires disclosure of adverse legal authority; a lawyer must not mislead the court, and must withdraw if the client insists on presenting perjured evidence.

Advertising rules permit only dignified, truthful information about the lawyer's practice; touting, in-person solicitation, and misleading claims about success rates are prohibited.

Discipline: the Legal Practitioners Disciplinary Committee (LPDC) hears allegations of professional misconduct; sanctions range from admonition and suspension to striking off the roll.