Ozekhome SAN Faults Buhari, Council Of State On Pardon For Nyame, Dariye Says It’s Illegal

*Says Governors NOT Buhari Have Power To Grant Pardon To Dariye, Nyame

A Senior Advocate of Nigeria (SAN) Mike Ozekhome has faulted President Muhammadu Buhari and the Council of State over the pardon granted jailed ex-Governors Jolly Nyame and Joshua Dariye.

In a statement on Saturday, Ozekhome argued the President and the Council of State goofed and abused their undoubted constitutional powers and privileges in granting pardon to Nyame and Dariye in view of their conduct.

He wondered if Buhari possesses the legal capacity to grant pardon to people prosecuted under state laws.

Ozekhome argued that Buhari’s action was not only a negation of his administration’s anti-corruption stand, it confirms the argument that the president was not committed to the fight against corruption.

He distinguished the pardon granted to the late Bayelsa Governor Diepreye Alamieyeseigha from the current case of Nyame and Dariye.

He said: “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.”

On the negative implication of granting pardon to Nyame and Dariye, Ozekhome said: “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!

“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 rockus,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.”

On the Alamieyeseigha case, Ozekhome said: ” 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.”‎