The provisions of Sections 252 and 355 of the Criminal Code Law as regard the offence of unlawful assault
"The first issue it may be recalled, is whether the offence of causing harm was proved beyond reasonable doubt against the Appellant. The High Court had found the Appellant guilty of assault contrary to Section 355 of the Criminal Code Law which provides thus:- "355. Any person who unlawfully assaults another and thereby does him harm is guilty of a felony, and is liable to imprisonment for three years." Section 252 of the code defines assault as follows:- "252. A person who strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly, without his consent, in such circumstances that the person making the attempt or threat has actually or apparently a presentability to effect his purpose, is said to assault that other person, and the act is called an assault." Then section 257 provides that:- "253. An assault is unlawful, and constitute an offence unless it is authorized or justified or excused by law." From a community reading of the above provisions, an unlawful assault causing harm punishable under the provisions of Section 355 of the code would simply mean a strike, touch or application of any kind of force, directly or indirectly, by one person on another which is not authorized, justified or excused by law and which causes that other person, harm." In AJOR ENEJI v. THE STATE Suit No; CA/C/65C/2012 Per GARBA, J.C.A (Pp 15-16,Paras E-D)