The appellant was tried in the Egba Grade “A” Customary Court, Abeokuta, on two counts, which read as follows:
1. That you Abiodun Olalekan on the 25th day of May, 1961, at Ijaiye, Abeokuta in the jurisdiction of Ake Grade `A’ Customary Court Area, unlawfully did grievous harm to Emmanuel Odejimi, and thereby committed an offence punishable under Section 274 of the Criminal Code, Cap. 28, Vol. 1, Laws of the Western Region of Nigeria, 1959.
2.That you on the 25th day of May, 1961, at Emmanuel Odejimi’s Bar, Ijaiye, Abeokuta, conducted yourself in a disorderly manner, and at the same time refused to be ejected out by the said Emmanuel Odejimi a licensed person, and thereby committed an offence contrary to section 41(1) and punishable under section 41(2) of Liquor Laws, Cap.65, Vol.III, Laws of the Western Region of Nigeria, 1959.”
He was found guilty by the President and accordingly sentenced. It should be pointed out that at no stage of the trial was any point raised as to any…