Double Jeopardy

Now, double jeopardy is a procedural defence that prevents an accused person from being tried again on the same or similar charges and on the same facts, following a valid acquittal or conviction – see Wikipedia. The doctrine of double jeopardy prohibits a person being tried or punished twice for the same offence with same set of facts, and this principle is also enshrined as a fundamental right in Nigeria under Section 36(9) & (10) of the 1999 Constitution, which provides-
(9) No person who shows that he has been tried by any Court of competent jurisdiction or Tribunal for a criminal offence and either convicted or acquitted shall again be tried for that offence or for a criminal offence having the same ingredients as that offence save upon the order of a superior Court.
(10) No person who shows that he has been pardoned for a criminal offence shall again be tried for that offence.
In Nigerian Army V. Aminun-Kano's case, I.T. Muhammad, JSC, said
It is never in doubt that the Court below found that the Respondent had been condoned by his commanding officer for the offences for which he was tried. The Court below, applying Section 171 of the Act and the case of Asake v. Nigerian Army (supra), held that the condonation in law is a bar to subsequent prosecution. The Court below then applied the provision of that law rightly in my view, to hold that once an offence has been condoned, any subsequent trial of the same offence(s) would amount to double jeopardy.

PML (NIGERIA)