As wide condemnations continue to trail the state pardon granted to some convicted Nigerians by President Goodluck Jonathan a rights group, the Socio-Economic Rights and Accountability Project (SERAP), has called on the President to immediately rescind without further delay the pardon granted to former Bayelsa State Governor, Diepreye Alamieyeseigha, and the former head, Bank of the North, Shettima Bulama, saying the said pardon is a fundamental breach of the country’s constitution and international anti-corruption obligations.
The Senior Special Assistant to the President on Public Affairs, Dr. Doyin Okupe, said Wednesday that the state pardon given by the Federal Government to some of the convicted felons was not a unilateral action of President Jonathan but a decision considered and approved by the Council of States which is constitutionally empowered by the 1999 constitution to do so.
But many Nigerians and rights activists including Barrister Festus Keyamo, Bamidele Aturu, Femi Falana, Shehu Sanni and former Governor of old Kaduna, Balarabe Musa, had also condemned the granting of the pardon to some the beneficiaries. They questioned the rationale behind the pardon for those who corruptly enriched themselves while in office saying it would have made more sense to grant pardon only to those who were convicted for crimes other than financial corruption.
SERAP, in a statement issued Wednesday, threatened “national and international legal actions to challenge this flagrant abdication of legal and moral responsibility to combat corruption, which can only ensure that high ranking corrupt officials profit from their crime.”
The group recalled that Alamieyeseigha was detained in London on charges of money laundering while he was governor in September 2005. He escaped from the UK in December 2005. He, however, pleaded guilty in court to a six-count charge in July 2007, and was sentenced to two years in prison on each count charge. Bulama was investigated and later prosecuted for corruption by the Economic and Financial Crimes Commission (EFCC).
The statement signed by SERAP’s Executive Director, Adetokunbo Mumuni said: “this shows without doubt that this government lacks the necessary political will to tackle high-level official corruption and sends a wrong message that corruption pays and those who loot and stash the country’s wealth and resources in foreign banks will enjoy absolute impunity.
“This culture of impunity is responsible for the pervasive and systemic corruption and the associated violations of the basic economic and social rights of millions of Nigerians. “The granting of pardon also amounts to an arbitrary exercise of powers, which can only continue to weaken the rule of law, deny justice to the victims of corruption, and entrench a culture of impunity of the country’s leaders.”
The organization maintained that the action of the President could only continue to cast doubt on the seriousness of the Nigerian government to deal with high level corruption and impunity of perpetrators. “Impunity arises and thrives when there is a lack of accountability among high ranking government officials, whether past or present. A widespread culture of impunity under which leaders’ abuses receive state pardon will continue to leave victims without effective remedies.
“Under the Constitution, the President and other high ranking state officials have the obligation to prevent the exploitation of Nigeria’s human and natural resources for any reasons other than for the good of the community and to eradicate all corrupt practices and abuse of power. Similarly, human rights law requires that those responsible for human rights violations include acts of corruption, will be judged and that the victim will obtain a remedy for damage suffered. This right to a remedy is one of the basic pillars of the rule of law and democratic society,” the group further stressed while adding that the granting of state pardon to those who engage in corrupt acts is incompatible and inconsistent with these core values and principles.
SERAP said it was therefore calling on the Nigerian government to immediately rescind the supposed state pardon granted corrupt officials and ensure the full recovery of any stolen money to address the gross under-funding and inadequate management of the health services and the deteriorating infrastructures in the educational system. “SERAP has consistently expressed concern that incidents of high level corruption and impunity of perpetrators is deepening poverty in the country, contributing to the systematic violations of internationally recognized social and economic rights of the citizens, including the rights to food, health, and education,” the group said.
