(Delivering the Judgment of the Court)
This is an appeal from the judgment given by the High Court of the Northern Region on the 9th March, 1960, which dismissed the appeal from the decision on the 20th November, 1959, of a Magistrate convicting the appellant of an offence under section 355 of the Criminal Code, on a charge that he, on the 24th August, 1959, at Sokoto, unlawfully assault James Bandele Ogedengbe and caused him harm.
There is a preliminary point to mention first, which was raised on the respondent’s behalf when this appeal first came on for hearing; it was that the appeal had not been brought in proper form and could not be entertained. It was based on the fact that no rules have been made and no forms provided for a further appeal from a decision of a High Court on an appeal from a Magistrate. We have already held in Nwobiala v. Inspector General of Police, F.S.C. 235/1960, that the point is without substance.
The appellant pleaded not guilty, so the issue was: did he unl…