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 standing trial while remanded in prison custody for conspiracy and treason
The accused persons had been detained since May 24, 2020,
when they were arrested, charged in court and remanded into prison custody awaiting trial.Their discharge and acquittal followed 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.
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., Justice Chima ordered that the defendants be released from the correctional centre with immediate effect.
Reacting to the development, the visibly elated 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.
Describing the charges as frivolous and unfounded, the IPoB lead counsel declared: “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”.
“In a bold, fearless, and intellectually profound ruling, His Lordship, Hon. Justice I. P. Chima, upheld our arguments in their entirety and lent judicial weight to the cause of justice. We salute the learned Judge’s exceptional courage, depth of reasoning, and unwavering commitment to the sanctity of the Constitution. His erudition and moral clarity have restored faith in the judiciary as the last hope of the common man”.
“Above all, we return all glory, honour, and adoration to the Most High God -Chukwu Okike Abiama—our eternal rock, fortress, and deliverer. This is another unprecedented victory, made possible only by His mighty hand. We acknowledge that without Him, this milestone would not have been possible”.
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