An Ebonyi State High Court presided over by Justice I. P. Chima, on Thursday, discharged and acquitted the last batch of 24 out of 36 Biafran freedom fighters who have been in prison custody and standing trial for conspiracy and treason.
DAILY POST recalls that the acquitted persons had been detained since May 24, 2020, when they were arrested, charged in court and remanded in prison custody to await their trial.
Their discharge and acquittal comes after a preliminary objection raised by the defence counsel, which highlighted what they termed a blatant violation of their fundamental rights, particularly the constitutionally guaranteed protection against double jeopardy, as enshrined under Section 36(9) of the 1999 Constitution (as amended).
The defence counsel further pleaded that this secret principle, autrefois acquit, stipulates that no person shall be tried again for an offence in respect of which they have been previously acquitted.
Justice Chima, in his judgement, based on the superlative defence mechanism adduced by the leading counsel to the Indigenous People of Biafra, IPoB, Sir Ifeanyi Ejiofor Esq., ordered that the defendants be released from the correctional centre with immediate effect.
Reacting to the development, Ejiofor who described Justice Chima as a bold, fearless and intellectually profound legal icon, lamented that the defendants whom he identified as innocent citizens, had endured years of prolonged, unconstitutional detention under recycled and repackaged allegations/charges, even after being severally discharged and acquitted on the same facts by not less than five respectable High courts in Ebonyi State.
“Today’s historic ruling followed our preliminary objection which powerfully highlighted the brazen violation of their fundamental rights: particularly the constitutionally guaranteed protection against double jeopardy, enshrined under Section 36(9) of the 1999 Constitution of the Federal Republic of Nigeria (as amended). This sacred principle, autrefois acquit, stipulates that no person shall be tried again for an offence in respect of which they have previously been acquitted.
“Justice delayed but not denied. Today marks the end of a painful four-year ordeal. The light of justice has finally pierced through the dark clouds of oppression. Once again, to the Almighty God be all the glory; it can only be Him. With God, we have conquered. Justice has spoken. Freedom is restored. A new chapter begins”;.
