PROPHET MALIM SHERIFF KAJOLA V. COMMISSIONER OF POLICE

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): In appeal No. LD/25CA/72 before Taylor, CJ., in the High Court, Lagos State, the accused/appellant appealed against the judgment of the Acting Senior Magistrate, Apapa, in which he had been convicted and sentenced to two years imprisonment with hard labour on the following charge:

"That you Prophet Malim Sheriff Kajola on the same day, time and place, unlawfully assaulted P.C. No. 24281 Sunday Ugbodu while in the execution of his lawful duty and thereby committed an offence punishable under Section 356 subsection 2 of the Criminal Code."

The main ground of appeal was as follows:

"That the learned trial magistrate erred in law in failing to comply with the requirements of Section 287 subsection 1 (a) and Section 288 of the Criminal Procedure Act.'

Now, Section 287, subsections 1 (a) and (b) of the Criminal Procedure Act provides as follows:

"At the close of the evidence in support of the charge if it appears to the court that a pri…