…say it Negates Buhari’s Anti-graft Stance
More knocks have continued to rise against the state pardon announced for two ex-governors, Senator Joshua Dariye; and Taraba State, Rev Jolly Nyame, who were convicted for corruption.
Among those who have kicked against the pardon are The Socio-Economic Rights and Accountability Project (SERAP), Nyesom Wike, governor of Rivers State, and Mike Ozekhome, a Senior Advocate of Nigeria, and Father Mathew Kukah.
The pardon for the duo was announced at the end of the Council of State meeting on Thursday, but the decision has been greeted by an avalanche of criticism by human rights activists and religious leaders.
The Socio-Economic Rights and Accountability Project (SERAP) has asked President Muhammadu to withdraw the pardon granted to former governors of Plateau State, Senator Joshua Dariye, and Taraba State, Rev Jolly Nyame.
Both men are serving prison terms after being convicted of corruption bothering on embezzlement of state funds,
The Council of State, under the chairmanship of President Buhari, granted a presidential pardon to 159 convicts on Thursday, under its prerogative of mercy.
But in a statement on Sunday, SERAP in a statement issued by its deputy director, Kolawole Oluwadare, asked Buhari to use his “good offices to urgently review and withdraw the pardon granted to former governors of Plateau State, Senator Joshua Dariye, and Taraba State, Rev Jolly Nyame who are serving jail terms for corruption”.
SERAP asked Buhari to “propose constitutional amendment to the National Assembly to reform the provisions on the exercise of the prerogative of mercy to make the provisions more transparent, and consistent and compatible with Nigeria’s international anti-corruption obligations”.
“Impunity for corruption will continue as long as influential politicians escape justice for their crimes. The constitutional power of prerogative of mercy ought not to be an instrument of impunity.”
“The pardon power ought to be exercised in a manner that is consistent with the Nigerian Constitution 1999 [as amended], particularly the provisions on oath of office by public officers, and section 15[5] which requires your government to abolish all corrupt practices and abuse of power.”
“Indeed, the presidential pardon power must be exercised in good faith, and in line with the provisions of Chapter 4 of the Nigerian Constitution on fundamental rights.”
“We would like your government to clarify if the pardon granted to Mr Dariye and Mr Nyame would entitle them to the return of the stolen assets already forfeited to the government.”
“The pardon also constitutes an interference in the exercise of judicial power. Because the pardon appears to be arbitrary, it undermines the authority and independence of the judiciary, and access to justice for victims of corruption.”
The letter continues: “The pardon is clearly inconsistent and incompatible with the requirements of the Nigerian Constitution, and the country’s international obligations including under the UN Convention against Corruption.”
“Presidential pardon for corruption cases is inconsistent with the rule of law, and the public interest, as it undermines the principle of equality before the law. It will undermine public confidence in your government’s fight against corruption, and the justice system.”
“SERAP is concerned that while the pardon power is routinely exercised to shield influential politicians and politically exposed persons from justice and accountability, ordinary people who have committed petty offences but with no money or influential politicians to speak for them, languish in prisons and are rarely considered for pardon.”
“While there is no doubt that Section 175 of the Constitution vests wide discretionary power in the Nigerian president to grant pardon, it does not stipulate the conditions under which such power should be exercised.”
“However, when section 15(5) of the Constitution is read together with the oath, it would seem to impose some ethical conditions on you to ensure that the exercise of the discretionary power of prerogative of mercy is not such that it will encourage corruption or impunity of perpetrators.”
“Mr Dariye and Mr Nyame should have been allowed to complete their jail terms. The exercise of the presidential pardon in their cases would seem to be unfair and undeserving.”
“The investigation and prosecution of the corruption cases involving the pardoned former governors Dariye and Nyame reportedly cost over N300 millions of taxpayers’ money. The cases went from the High Court to the Supreme Court of Nigeria.”
“Section 15(5) of the Nigerian Constitution provides that ‘The State shall abolish all corrupt practices and abuse of power.’ Similarly, article 26 of the UN Convention against Corruption requires your government to ensure ‘effective, proportionate and dissuasive sanctions’ in cases of grand corruption.”
“Article 26 of the convention complements the more general requirement of article 30, paragraph 1, that sanctions must take into account the gravity of the corruption offences.”
“SERAP notes that in your inaugural speech on May 29, 2015 you stated that, ‘We are going to tackle pervasive corruption head on. Nigerians will not regret that they have entrusted national responsibility to us.’”
“However, the latest Transparency International’s Corruption Perception Index shows that Nigeria scored 24 out of 100 points, and ranked 154 out of 180 countries surveyed, falling back five places from the rank of 149 in 2020. This places Nigeria as the second most corrupt country in West Africa.”
“The pardon power, if properly exercised, can help to protect citizens against possible miscarriage of justice.”
“SERAP therefore urges you to urgently withdraw the presidential pardon granted to Mr Dariye and Mr Nyame, and to propose amendment to section 175 of the Nigerian Constitution that will make the exercise of the power to pardon more transparent and consistent and compatible with the country’s international obligations.”
“Any proposed amendment should also empower the citizens to challenge the legality of any arbitrary exercise of the power of prerogative of mercy.”
“To tell you the truth, this APC government has deceived us a lot. This is a government that said they’re fighting corruption. They handpick people and jail them after they have gone through all court processes up to the Supreme Court,’ Nyesom Wike, the governor of Rives State, said during a visit to Niger State on Saturday.
“Then they turned around to release from prison those people that they said are corrupt. What country and what a government?
“Doing it for political reasons because the elections are coming and they want (Joshua) Dariye to help their party in Plateau State. They want (Jolly) Nyame to help them in Taraba State. Why don’t they give pardon to James Ibori for example?
Wike is a frontline member of the opposition Peoples Democratic Party and currently a presidential aspirant on the platform of the party.
“Look at how they have made the Economic and Financial Crime Commission (EFCC) to prosecute and spend so much money. Then at the end of the day you played politics with it. How will the international community look at us? It’s so shameful.”
Mike Ozekhome, a Senior Advocate of Nigeria, dabbed the actin a negation of the Buhari administration’s anti-corruption stand, but a confirmation of the argument that the president is in fact not committed to the fight against corruption.
“There is the more worrisome legal conundrum in the entire presidential pardon as it pertains to the two governors.
“This is whether the president could have legally granted pardon to former governors Joshua Dariye and Jolly Nyame of Plateau and Taraba states respectively, having regards to the fact that both men were convicted for offences allegedly committed between November 2000 and May 2007.
“The offences under which they were tried and convicted fall under state laws which took place after the promulgation of the1999 Constitution during which time they were governors.
“Specifically, they were tried and convicted under sections 115,119 and 309 of the Penal Code Act, Cap 532, LFN, 1990, obviously an existing State law within the meaning, import and true purport of sections 315(1)(b) and 318 of the 1999 Constitution.
“This Act which became effective as a state law is applicable to the FCT and the northern states. This Penal Code Act ,not being a federal legislation of the NASS, became an existing state law deemed duly enacted by the 19 Northern States by virtue of section 315(1)(b) of the 1999 Constitution.
“It becomes clear therefore that only the governors of Plateau and Taraba States could have legally and rightly granted pardon to Dariye and Nyame, invoking section 212 of the Constitution; and not Mr President under section 175 of the Constitution.”
“The purpose of criminal prosecution is to secure justice, not only for the accused, but also for the victims of crimes and the state; and to some extent get reparation and restitution for the victims, while deterring others from going the same route.
“Where lies the justice for the impoverished people of Plateau and Taraba states who will now watch their tormentors stroll out with red carpet treatment?
“The government budgets huge sums of money for the prosecution of such accused persons from the tax players’ sweat; and if after the rigorous period of trial and subsequent conviction, the guilty are simply let off the hook in such a brazen manner, the little remaining lean hope the citizens have in the system is further diminished.
“I dare say that in these two instances, both the President and the Council of State goofed and abused their undoubted constitutional powers and privileges.
Also speaking in his Easter Message on Sunday, the Bishop of Sokoto Dioceses, Rev, Father Matthew Kukah, also condemned the pardon granted to terrorists and former governors Dariye and Nyame.
“We need to start thinking of a Nigeria beyond banditry and kidnapping and the endless circles of violence that have engulfed our communities and nation. We cannot continue to pretend that there are no religious undertones to the violence in the name of God that has given our religions a bad name.
“The way out is for the state to enforce the secular status of the Nigerian state so as to give citizens the necessary freedoms from the shackles of semi-feudal confusion over the status of religion and the state in a plural Democracy. We must be ready to embrace modernity and work out how to preserve our religions and cultures without turning religion into a tool for tyranny, exclusion, and oppression.
“I cannot be against a repentant sinner or criminals changing their ways. After all, the doors of forgiveness must always remain open. However, in this case, Nigerians have very little information as to the entire rehabilitation process. Have these terrorists felt the heat or have they seen the light or, is their repentance a mere strategic and tactical repositioning? So far, we have no evidence that these terrorists have been able to confront their victims not to talk of seeking forgiveness from them. Something is wrong.
