| Abstract: | Section 356 (2) of the Nigerian Criminal Code regarding the offence of assaulting, resisting or obstructing a police officer in the execution of his duty, does not contain any words importing mens rea. Is a person guilty of this offence if he had no reason to believe that the person assaulted was a police officer acting in the execution of his duty? Nigerian case law with regard to the offence under discussion appears to have been influenced by English decisions. Sections of the article: English cases - Nigerian cases - Australian cases - Three possible views - Mistake of fact - Unintentional assaults - Conclusion. Ref. |