Justice Chris Ezeh of Ebonyi State High Court has discharged and acquitted 36 members of the Indigenous People of Biafra (IPOB) who have been in custody since 2020.
The Judge gave the directive while delivering ruling on a No Case Submission filed by IPOB members.
But the Lead Lawyer to Mazi Nnamdi Kanu and IPOB, Ifeanyi Ejiofor, told journalists that the officials of the Nigeria Correctional Services refused to allow them to go home, on the ground that there is another charge pending against them before the High Court.
The case has HAB/59c/2022 Between State V Ebube Ivom & 35 Others as its Charge Number.
Ejiofor therefore called on Governor Francis Ogbonna Nwifuru of Ebonyi State whose administration obviously inherited the case, to prevail on his Attorney-General and Commissioner for Justice, to invoke the constitutional powers inherent in him, to put a stop to the obvious charade and mockery of judicial process.
He said, “However, and unprecedentedly, the Prison officials, refused to allow these innocent Biafrans who have been acquitted by the court for the third time, to go home, on the ground that there is another charge pending against them before the Ikwo High Court.
“It is very obvious and needs no gainsaying, that someone somewhere, does not want these innocent Biafrans to regain their freedom despite being repeatedly given clean bills of health by courts of competent jurisdiction. It simply connotes that judicial process is being called in aid in gross violation of the rights of innocent Biafrans.
“May I most humbly at this juncture, respectfully appeal to the Executive Governor of Ebonyi State His Excellency Rt. Hon. Francis Ogbonna Nwifuru , whose administration obviously inherited this case, to prevail on his Attorney-General and Commissioner for Justice, to invoke the constitutional powers inherent in him, to put a stop to this obvious charade and mockery of judicial process, which is capable of portraying the State in a very bad light before the civilized world.
“It is disheartening to note that these innocent citizens who are all indigenes of Ebonyi state were arrested since 2020, and consequently detained on allegations of committing various offences, and more devastating to also state, that during this period of incarceration, now proceeding to four years plus, they have on three consecutive occasions, been effectively discharged and acquitted of all these unfounded allegations by Ebonyi State High Courts.
“Still, the State did not deem it proper to allow these innocent citizens who have been punished enough for crimes they never committed, to go home. We are of the optimistic view that the requisite but prompt intervention of His Excellency, will resolve this seeming mockery of democratic institutions.
“In conclusion, may I personally extend my sincere and deep appreciation to my noble colleagues in chambers; the dexterity and hardwork of Udoka Nwanku, Esq., Chukwudi Nwancho, Esq, and other erudite colleagues who were always in court with me, in ensuring that we secure justice for these 36 innocent Biafrans.
“Biafrans should be rest assured that we will not rest on oars until these innocent Biafrans who were, again, today, discharged and acquitted by the court, regain their total freedom.”
Ejiofor recalled that the 36 Biafrans who are all indigenes of Ebonyi State, were arrested and detained since 2020, and initially charged before the High Court of Ebonyi State sitting in Abakaliki, with the offence of murder in Charge No: HAB/29c/2021.
According to him, upon the close/conclusion of the prosecution’s case, IPOB filed a No Case Submission, predicated upon the fact that the legions of the witnesses called by the prosecution in proof of the ludicrous charge, were unable to prove the alleged case of murder.
On September 27 2022, the court delivered ruling on their application after taking argument from their counsel, and consequently upheld their No Case Submission and accordingly discharged and acquitted the defendants.
Ejiofor’s statement said, “Rather than release the defendants who had been discharged and acquitted by the court, the prosecution proceeded to arraign them before the same court in Charge No: HAB/43c/2022, on a six count charge, namely; unlawful possession of firearms, robbery, unlawful association, arson, conduct likely to cause breach of peace, and carrying out war-like undertaking.
“The trial was subsequently commenced on the second charge HAB/43c/2022. The prosecution fielded a number of witnesses in proof of the second charge and closed their case, upon the conclusion of the evidence.
“Upon the close of the prosecution’s case, we filed a No Case Submission, again, and requested the court to discharge the Defendants, for the woeful failure of the prosecution to prove the frivolous allegations.
“On December 22 2023, His Lordship delivered another landmark ruling on our No Case Submission, after taking arguements from both counsel, and consequently discharged all the defendants, again.
“It is very pertinent to observe that while the second charge was pending before the court, the prosecution yet again, filed another charge before another court, in Charge No: HAB/59c/2022 bordering on armed robbery against the same defendants.
“Owing to the pendency of the third charge, the defendants who were discharged for the second time by a court of competent jurisdiction, were forced back to prison by the prison officials, insisting that another charge had been filed and served on them, as such, they would not obey the positive order of court.
“Full trial in the third Charge No: HAB/59c/2022 commenced, and the prosecution called a number of witnesses, who all testified and were subjected to the fire of cross examination.
At the close of the prosecution’s case, we again, for the third time, filed a No Case Submission.”
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