An Ebonyi State High Court sitting in Abakaliki on Thursday delivered a landmark judgment, discharging and acquitting 24 pro-Biafra agitators who had been standing trial for conspiracy and treason since 2020.
The ruling marks the conclusion of a prolonged legal struggle involving 36 accused persons, all of whom were arrested over alleged secessionist activities.
Presiding over the matter, Justice I.P. Chima ruled in favour of a preliminary objection filed by the defence team, led by human rights lawyer Sir Ifeanyi Ejiofor, who argued that the accused were being subjected to double jeopardy a violation of Section 36(9) of the 1999 Constitution, which guarantees that no individual shall be tried twice for the same offence if previously acquitted.
The case stems from the May 24, 2020 arrest and subsequent incarceration of the activists, many of whom had already been discharged by other courts in Ebonyi State in earlier proceedings. The first group of 12 had been released earlier through separate rulings. The court's latest decision effectively brings to an end a four-year legal ordeal for the remaining 24 defendants.
Court Upholds Autrefois Acquit Principle
Justice Chima, in his judgment, firmly upheld the defence’s contention that the continuous prosecution of the agitators amounted to a clear case of abuse of judicial process. By invoking the legal doctrine of autrefois acquit a Latin term meaning “formerly acquitted” the court emphasized that the Constitution prohibits trying an individual more than once for the same alleged offence if they’ve previously been cleared of the charges.
In delivering his ruling, Justice Chima ordered the immediate release of the 24 detainees from the state correctional facility, instructing the authorities to comply without delay.
Defence Counsel Reacts
Reacting to the court’s decision, lead counsel Sir Ifeanyi Ejiofor, who has represented the interests of many pro-Biafra activists over the years, described the ruling as “a resounding victory for justice, constitutionalism, and the rule of law.”
“This historic ruling affirms the constitutional protection against double jeopardy, as enshrined in Section 36(9) of the 1999 Constitution. It is a bold, fearless, and intellectually sound judgment that restores our faith in the judiciary as the last bastion of hope for the oppressed,” Ejiofor stated.
He criticized the state authorities for what he described as a pattern of repeated arrests and re-arraignments of his clients on similar, baseless charges, despite multiple previous court victories.
Ejiofor extended gratitude to his legal team for their diligence and also acknowledged the cooperation of the Ebonyi State Government’s legal representatives, who he said had pledged to fully comply with the court’s ruling in open court.
A Call for Healing, Rehabilitation, and Reparation
Beyond the legal implications, Ejiofor highlighted the emotional and social toll the prolonged detention had taken on the families of the detainees.
“For four years, many of these men have been cut off from their families. Some have lost loved ones. Wives were left to fend for children alone, and some parents went to their graves without seeing justice done. Today’s victory is not just legal; it is spiritual, emotional, and symbolic of a new beginning.”
He further urged the Ebonyi State Government and relevant agencies to urgently consider putting in place rehabilitation and reparation programmes to help reintegrate the released individuals into society and support their families.
“Justice delayed is justice denied, but thankfully, justice has not been buried. The light of the law has pierced through the darkness of persecution. Let this mark the beginning of healing and unity,” Ejiofor said.
Correctional Service and Government Commitment
According to the defence counsel, the Nigerian Correctional Service authorities have given assurances that the detainees will be released into the custody of their legal team without resistance. The defence has also begun taking the necessary steps to secure their immediate release in line with the court’s directives.
Ejiofor concluded his statement with a note of spiritual gratitude:
“We return all glory to the Almighty Chukwu Okike Abiama who alone made this possible. Without Him, this triumph would not have been achieved. Justice has spoken. Freedom has been restored. A new chapter begins.”
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