LEWIS,J.S.C.
In this appeal from the decision of Hague Ag. J. in MD/36C1967 in the Makurdi High Court on 28th August, 1967 in which he found the accused guilty of an offence contrary to section 115 (1) of the Penal Code, the point taken by Mr. Thanni on behalf of the appellant is that the learned trial judge failed to comply with sections 268, and 269 of the Criminal Procedure Code which read as follows-
“268 (1) The judgment in every trial in a court shall be in writing and shall be pronounced, and the substance of it explained in a language under-stood by the accused in open court either on the day on which the hearing terminates or at some subsequent time of which due notice shall be given.
(2) If the accused is in custody he shall be brought up to hear judgment delivered; if he is in custody he shall be required to attend to hear judgment delivered; If he is not in custody he shall be required to attend to hear judgment delivered unless his presence is dispensed with by the court.
(3…