C.O.P. WESTERN REGION V. IGWE & ORS

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C.O.P. WESTERN REGION V. IGWE & ORS.

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C.O.P. WESTERN REGION V. IGWE & ORS.

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COMMISSIONER OF POLICE, WESTERN

10 REGION

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APPELLANT

V

1.

ALOYSIUS IGWE

2.

AGUGO NWAGA

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RESPONDENTS

3.

DANIEL UNUOMA

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SUIT NO. FSC 236/1960

FEDERAL SUPREME COURT.

ADEMOLA,

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C.J.F.

BRETT,

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F.J.

TAYLOR,

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F.J.

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9th January, 1961.

Criminal Law - Assault on Police Officer while acting in the execution of his

duty - Criminal Code S. 356 (2).

25 ISSUE:

1. Whether knowledge that a police officer is executing his duty is a necessary

ingredient to the offence of Assault on a police officer while acting in the lawful

execution of his duty.

FACTS:

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Three constables in plain clothes proceeded in company of other persons to

the house and premises of the 1st respondent in order to execute a search war-

rant. One of the constables, P.W.4 had, the previous month, had occasion to visit

the 1st respondent in the latter's house in connection with stolen property, so that

the 1st respondent was known to him. On arrival one of the constables, P.W.3

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proceeded to read the search warrant to the 1st respondent in the course of which,

a lady, the 4th accused in the trial Court (there discharged) entered the house of

the 1st respondent who was her husband. As she did so the 1st respondent told

her in the Ibo language to throw away a certain bag, whereupon she got hold of

the bag and started to run away with it. P.W.3 pursued her and they were followed

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by the three respondents and the two other constables. The lady threw the bag

over the fence into the bush and as P.W.3 tried to climb the fence the respondents

set upon him beat him and tore his clothes. The other constables were also as-

saulted by a crowd which had gathered at the scene.

The three respondents were tried and convicted of unlawfully assaulting P.W.3

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while acting in the lawful execution of his duty. The trial Magistrate held that the re-

spondent knew that the policemen were in fact policemen even though they were

in plain clothes at the time of the assault.

On appeal to the High Court, the learned trial Judge, reversing the decision

held that because the name on the search warrant was not that of the 1st respond-

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ent, the constable did not infact have a search warrant to be executed on his

premises and that on the evidence it was doubtful as to whether the 1st respond-

ent believed that P.W.3 and others were constables. He held further that if P.W.3

did not have a search warrant in respect of the 1st respondent's premises then he,

the 1st respondent, was entitled to defend his rights if the police wanted to force