The Senseless Pardon Of Former Governors Dariye And Nyame

By Kunle Edun

The President of the Federal Republic of Nigeria, Mohammadu Buhari; the Attorney General of the Federation, AbubakarMalami, SAN and members of the Council of State (which includes the 36 States’ Governors and Ministers) all swore to an oath of allegiance to abide by and uphold the provisions of the Constitution of the Federal Republic of Nigeria. The APC government campaigned vigorously on the platform of a three-point manifesto: to fight against corruption, check insecurity and improve the economy. Section 15 (5) of the Constitution of the Federal Republic of Nigeria, 1999 provides unequivocally that “The State shall abolish all corrupt practices and abuse of power”.

The State in this context includes the three different arms of Government: the Executive, the Legislature and the Judiciary. Corruption in public places in Nigeria is very endemic; in fact it is now a pandemic. The President of the Federal Republic of Nigeria has violated the sacred provisions of the Constitution that he swore to uphold by granting pardon to the former States Execs who were convicted for stealing more than N2.5billion naira of public funds.

The Supreme Court of Nigeria while appreciating the pandemic nature of corruption amongst public officials admonished all Nigerians and entities to join in the fight against corruption when it refused to allow sheer technicalities to derail the war and held per MuhammaduLawalUwais (former CJN) in the case of A.G. ONDO STATE v. A.G. OF FED & ORS (2002) LPELR-623(SC) that “Section 15 subsection (5) directs the National Assembly to abolish all corrupt practices and abuse of power. The question is how can the National Assembly exercise such powers? It can only do so effectively by legislation. Item 67 under the exclusive legislative list read together with the provisions of Section 4, subsection (2) provide that the National Assembly is empowered to make law for the peace, order and good government of the federation and any part thereof. It follows, therefore, that the National Assembly has the power to legislate against corruption and abuse of office even as it applies to persons not in authority under public or government office. For the aim of making law is to achieve the common good. The power of the National Assembly is not therefore residual under the constitution but might be concurrent with the powers of State House of Assembly and local government council, depending on the interpretation given to the word “state” in Section 15 subsection (5) of the Constitution… “

Femi Falana, SAN, a leading rights activist remarked that the prosecution of the two former Chief Executives of Plateau and Taraba States from the trial High Court to the Supreme Court where their convictions where affirmed by the Appellate Courts, might have caused tax payers nothing less than N300,000,000.00. The effect of the pardon is that they are deemed not to have committed the offences for which they were originally charged to court. They cannot be called ex-convicts. In fact, the APC-led Federal Government may even appoint either of Dariye or Nyame as the Governor of the Central Bank of Nigeria, or the Minister of Finance or as our Ambassador to the United Nations. Corruption has never been so romanced and glorified in Nigeria. A country where public hospitals are grossly ill-equipped (medical doctors leaving Nigeria in droves), bad roads everywhere, dilapidated schools, lack of adequate power supply even in the Capital City, Abuja, dead oil refineries where staff are still being paid huge salaries, lack of jobs for the teeming un-employed Nigerian millions –all caused by the blind looting and mismanagement of public funds by those elected and appointed into public offices should; should be annoyed with itself. Thievery, thuggery and dishonesty are now the seeming criteria for appointing persons into sensitive public offices while honest Nigerians wallow in poverty and rejection. National Honours are now bestowed on persons with questionable characters who achieved “success”. Patriotism has long taken a flight. Loot and you will be pardoned. That is now the new normal.

Granting pardon to convicts is not illegal but the law requires that such must be done in the interest of the public, not the personal interest of one person or group of persons or a political party. PDP committed same blunder under President Jonathan when he granted pardon to late DipreyeAlamieseigha, the former Governor of Bayelsa State. Sadly, Taraba, Plateau and Bayelsa States are amongst the poorest States in Nigeria and cannot fend for themselves without federal allocations. The President swore to carry out the functions of his office without fear or favour, ill-will or affection. This he has failed to do. What he did tends towards abuse of power. The Attorney General of the Federation and the members of the Council of State that were present at the meeting when the inglorious decision was taken and did not dissent are equally culpable.

It is a truism that when it comes to corruption, all the politicians from the different divides quickly forget their differences. Corruption seems to be a leveler. Granting pardon to Dariye and Nyame who the Supreme Court directed must return the billions of naira they stole back to their States is a betrayal of the trust Nigerians had in this government. These former Governors will no longer return the loots.

It is time that the National Assembly passed a law or amend Sections 175 and 212 of the Constitution which confer on the President and the State Governors the power to grant pardon, by ensuring that the exercise of such functionshall not extend to persons convicted of corruption, rape, armed robbery. Also, the exercise of the power of entering nolle by the Attorneys General in criminal trials should be curtailed because of the seeming rampant abuse by the politicians without regards to the public interest.