By Mike Ozekhome

THE MORAL IMPLICATIONS OF THE PRESIDENTIAL PARDON (continues)

INTRODUCTION
The recent presidential pardon made by President Muhammadu Buhari, in favour of two high profile politically exposed convicts in the persons of former Governors Joshua Dariye of Plateau State and Jolly Nyame of Taraba State had stirred the hornest’ nest and ruffled political and moral feathers across Nigeria. Unexpectedly, this is due t the fact that both men were convicted for offences allegedly committed between November 2000 and May, 2007, after full trial that ran for many years. Most Nigerians believe that both men, having been properly convicted after full trial using State resources from taxpayers’ money, ought to have been made to serve their full punishment in accordance with our criminal justice and penal systems of justice delivery. They (including my humble self) believe that the presidential pardon amounted to a presidential endorsement of criminality and stealing of our public funds by persons entrusted with managing such funds for the good of their people who voted them into office.

WHAT PRESIDENTIAL PARDON MEANS
In strict constitutional jurisprudence, the exercise of pardon power amounts to an interference by the executive with the exercise of judicial power. This is in breach of the hallowed doctrine of separation of powers ably espoused in 1748 by the great French Philosopher, Baron de Montesquieu. However, such interference is permitted where it is authorised by this same Constitution that provides for the doctrine of separation of powers. Today, we shall conclude our discourse on this vexed issue that has enlisted public interest, outrage, hoopla and ruckus.

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Pardon is however an exercise that should be exercised sparingly after due consideration of the fuller implications and after full contrition and penance on the part of the offender. For example, during the military junta, some human rights activists were prosecuted unfairly and executed, some under retroactive laws. Such was the unforgettable grieving fate of the trio of Bartholomew Owoh (26), Lawal Akanni Ojulope (30) and Benard Ogedegbe (29), who were accused of drug peddling, but whose execution was sanctioned by Major General Muhammadu Buhari (rtd) as military ruler. This, notwithstanding the intervention the heart-rending pleas by Play writes Wole Soyinka, Chinua Achebe and J.P Clarke. Granting pardon to people should be viewed by the society as a recognition of a cause worth celebrating, not offensive and fouling the air.

This brings us to the case of Senators Joshua Dariye and Jolly Nyame, both former Governors, who had been convicted and imprisoned for stealing billions of naira from the coffers of their state treasuries and thus impoverished the very people they were elected to govern. These individuals were the Chief Executives of their states. They had sworn oaths of office and allegiance to the Federal Republic of Nigeria and vowed that they would govern their states with utmost good faith. However, they betrayed their people by stealing from them. They breached the trust reposed in them. None of them admitted their guilt or wrongdoings until the courts found them guilty, up to the Supreme Court. As a matter of fact, Joshua Dariye was a sitting Senator when the Supreme Court affirmed the 10 year jail term earlier passed on him. What then is the basis for granting pardon to these individuals in a country where corruption is the bane and struts around imperiously like a peacock?

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I had noted severally since 2013 (after my release from a 3 week horrific ordeal in the hands of kidnappers), that we must kill corruption which had become the 37th richest and most potent state in Nigeria, before it kills us. By granting pardon to these treasury looters, Buhari is reviving, nurturing and watering corruption with State powers.

When former Bayelsa State Governor, Diepreiye Alamieyeigha (DSP) whom I had defended throughout his State-sanctioned ordeal was granted pardon by former president Goodluck Ebele Jonathan, I wrote and justified it. I did so for the following reasons: DSP had fully served his term of imprisonment after his conviction. He had earlier been pardoned by late president Yar’Adua who later died before consummating the pardon, until Jonathan succeeded him under the “doctrine of necessity”. As noted by former Attorney General, Mohammed Bello Adoke, at page 62 in his 270 page book, titled “The Burden of Service”, DSP had also shown contrition, remorse and repentance. He had also earlier been pardoned by Yar’Adua, though not gazetted before his death. DSP had also helped greatly in brokering the peace process that led to amnesty in the restive Niger Delta region that halted oil production. This in turn led to stability in the area and reduce pipeline vandalism, kidnapping of expatriates, and thus improved oil production which had plummeted to a state of nadir, leading to national ruckus and impoverishment. He had evidently demonstrated that he believed in one stable Nigeria.

Perhaps more significant is the fact that Alamieyeigha was gravely ill with life-threatening ailment, from which he later died barely 2 years after the pardon was granted him.DSP had thus earned the state pardon after the Council of State recommended approved it. The same cannot be said of these two Governors who were still serving their jail terms.

Thus, the act of granting amnesty or pardon though discretionary, this discretion must be exercised judiciously and in the best interest of the country, so as not to create doubts in and dampen the confidence of, the citizenry in the national moral fabric, and in the fight against corruption.

So, when the Council of State recently authorized the pardon of 159 convicts, including Senator Joshua Dariye of Plateau State and ex-Governor Jolly Nyame of Taraba State, who were both imprisoned for stealing N1.16 billion and N1.6 billion respectively, many Nigerians justifiably showed anger, because these two political leaders had been duly tried and convicted for stealing money belonging to their respective states. The courts in Nigeria were unanimous in their verdicts that they were corrupt and had corruptly enriched themselves while serving as governors of their respective states. They were still serving their sentences.

These men had betrayed the trust their people reposed in them by stealing money meant for the development of their respective states while serving as their chief executives.

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Many Nigerians thus viewed the action of Mr president in granting them pardon as recommended by the Council of States, which is a body peopled mostly by friends and political benefactors or allies of the convicts, as an action taken in bad faith. This is more so that President Buhari had assumed office on the goodwill of the Nigerian people, largely fuelled by his avowed commitment to fight corruption in all its ramifications, to a standstill.

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.

A constitutional issue as volatile as this could have been better managed if the minders of the president had told him the embarrassment this could cause the government in the estimation the comity of nations. And it is doing just that.

This brazen abuse of power will definitely ricochet and erode the confidence of our international partners in the fight against corruption. It will also dampen the morale of the agencies fighting corruption, such as EFCC, the Nigeria Police Force, and the ICPC, amongst others.

This singular ill-advised act of abuse of power will also definitely embolden political thieves and unrepentant pilferers of our national commonwealth. It shows that once you are a friend of the President or a member of his political party, or his acolyte and supporter, you can get away with any crime. In other words, in Nigeria, corruption surely pays!

NOW THIS

With this action, the fight against corruption appears forlorn and a mirage. What is the essence of spending scarce resources in the name of fighting corruption if at the end of the day the convicts will be pardoned and stroll into their palatial homes in splendour in this ugly manner?

Granted that the constitution gives the President and the Governors the power of prerogative to pardon criminals in deserving circumstances, must it be done in the vulgar way and manner the instant case was handled?

In fairness to the president, not all the 159 convicts and ex-convicts granted presidential pardon are politicians. But, the most prominent of them are the two former Governors. That is what has led to the national ruckus, bedlam and hoopla. This is because it could be argued ( and rightly too), that the main essence of the last meeting of the Council of State was to give imprimatur to, and grant pardon to the two political heavy weights, while making up the number with some insignificant lightweight ones, using garnished veneer and sleight of hand .

The president by so doing has certainly violated the provisions of the Constitution and his oaths of office and allegiance to defend the Constitution. This recent pardon, in my humble view, is the worst way to fight corruption. It will further water, nurture and elevate corruption to a fundamental objective and directive principle of State policy. It is so sad and counterproductive.

AND THIS

CRACK YOUR RIBS

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THOUGHT FOR THE WEEK

“Until the great mass of the people shall be filled with the sense of responsibility for each other’s welfare, social justice can never be attained”. (Helen Keller).

LAST LINE
God bless my numerous global readers for always keeping fate with the Sunday Sermon on the Mount of the Nigerian Project, by humble me, Chief Mike Ozekhome, SAN, OFR, FCIArb., LL.M, Ph.D, LL.D. kindly, ride with me to next week’s exciting conversation.