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CaseLaw
On Lazarus Omeke was arraigned in the High Court in a two-court information. The first count is attempting to strike with intent contrary to section 288(b) of the Criminal Code. The second is conduct likely to cause a breach of the peace contrary to section 247(d) of the same Cod. Omeke pleaded not guilty.
Five witnesses gave evidence. The learned trial Judge discharged and acquitted the accused. He however bound over the accused and five other persons.
He ordered inter alia as follows:
“The parties involved in the case, that is to say Joseph Ugwu (2) Lazarus Omeke (3) Innocent Ezema (4) Emmanuel Ajibo (5) Moses Atangwu and (6) Chibueze Asadu are hereby bound over to be of good behaviour and maintain and keep peace in and around Nsukka Motor Park Taxi Section in particular; for a period of one year or in default go to prison for a period of three months”.
The first person in the above order, Joseph Ugwu, is not satisfied with the order. He has therefore appealed to this court.