An Ebonyi State High Court discharged and acquitted the last 24 out of 36 pro-Biafra agitators held in the state for conspiracy and Treason.
The Biafran agitators, before the judgement, were standing trial and awaiting sentencing since May 24, 2020, when they were arrested and charged in court. The Court Judgement followed a preliminary objection raised by the defence counsel, which raised what they termed a blatant violation of the fundamental rights of the detained agitators.
The objection focused particularly on the constitutionally guaranteed protection against double jeopardy, as enshrined under Section 36(9) of the 1999 Constitution (as amended).
The defence counsel to the agitators 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.
The High Court, presided over by Justice I. P. Chima, ordered that the defendants be released from the correctional centre immediately following the prime defense mechanism of the leading counsel to the Indigenous People of Biafra, IPoB, Sir Ifeanyi Ejiofor Esq.
“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
“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.” He Added.
The Biafra agitation, driven by activist groups like the Indigenous People of Biafra (IPOB), seeks secession of Nigeria’s southeast region from the rest of the country.
Marginalization and poor representation at the national from form the bulk of issues fuelling the agitation. Nigerian authorities under the government of President Buhari and Tinubu cracked down on members, arresting leader Nnamdi Kanu and detaining him since 2017.
Over 700 deaths and numerous arrests, including the newly released 24 Biafran detainees acquitted in Ebonyi yesterday, stem from protests and sit-at-home orders.
Simon Ekpa, an IPOB Faction leader, was detained in Finland for planning a Biafra referendum and leading an online mob.
The Nigerian government labels IPOB a terrorist group, alleging violence, while IPOB insists on peaceful self-determination.
