TAYLOR, F.J., delivering the judgment of the Court:
The appellant in this appeal, the Commissioner of Police, Western Region, was the complainant in the Court of Trial where the present three respondents were tried and convicted of unlawfully assaulting Police Constable Christopher Oboh while acting in the lawful execution of his duty contrary to s. 356 (2) of the Criminal Code. On appeal to the High Court of the Benin Judicial Division, the Learned Judge allowed the appeal and set aside the conviction and sentences passed on the present respondents by the Senior Magistrate and substituted therefor a verdict of acquittal. It is from this judgment of the High Court that the Commissioner of Police, Western Region, who, being the prosecutor, can appeal only on a question of law in this matter, has appealed to this Court.
The only ground of appeal argued before us was ground 1, which states that:
The Learned Judge of appeal erred in law in holding that the Police Constable Christopher Oboh w…