An Ebonyi State High Court, presided over by Justice I. P. Chima, on Thursday discharged and acquitted the remaining 24 out of 36 individuals identified as Biafran freedom fighters who had been standing trial for conspiracy and treason.
The group, detained since May 24, 2020, had been in prison custody for over four years following their arrest, arraignment, and remand.
Their release followed a preliminary objection raised by the defence, which argued that the prolonged detention constituted a grave violation of their constitutional rights.
The defence team cited Section 36(9) of the 1999 Constitution (as amended), which guarantees protection against double jeopardy. They invoked the legal doctrine of autrefois acquit, which prevents an individual from being tried again for an offence for which they have already been acquitted.
In his judgment, Justice Chima upheld the defence’s objection and ordered the immediate release of the defendants from the correctional centre. The ruling marked a significant legal victory for the defence, led by Sir Ifeanyi Ejiofor Esq., a counsel to the Indigenous People of Biafra.
Reacting to the ruling, Ejiofor commended Justice Chima, describing him as “a bold, fearless and intellectually profound legal icon.” He decried the prolonged incarceration of the defendants, whom he called innocent citizens subjected to repeated legal persecution.
“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,” Ejiofor said.
He further expressed relief and gratitude, stating: “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.”
