Three Senior Advocates of Nigeria, Chief Mike Ozekhome, Mr. Femi Falana and Mr. Jibrin Okutepa, have faulted the state pardon granted to former Governors Joshua Dariye of Plateau State and Jolly Nyame of Taraba State, and called on President Muhammadu Buhari to pardon other thieves in prison.
The former governors, who were jailed for corruption, were pardoned alongside 157 others at the Council of State meeting presided over by President Buhari on Thursday.
The action by the government, has however come under strong criticisms by many Nigerians, including Ozekhome.
Ozekhome, in faulting the action of the president queried the basis for granting the pardon when the charge of corruption upon which they were convicted is not only a bane in the country but “struts around imperiously like a peacock”.
In a statement titled: ‘Legal and Moral Implications of Granting Pardon to Ex-convicts and Serving Prisoners,’ the senior lawyer was of the opinion that the decision to free the two governors who are still serving their jail terms was not in the interest of the people and capable of dampening the confidence of the citizenry in the national moral fabric, and in the fight against corruption.
He said: “By granting pardon to these treasury looters, Buhari is reviving, nurturing and watering corruption with state powers”.
“So, when the Council of State recently authorised 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”, he said.
The senior lawyer maintained that 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”, he added.
While stating that both the president and the Council of State goofed and abused their undoubted constitutional powers and privileges, Ozekhome explained that 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 of the comity of nations.
Similarly, Falana, speaking during the one year remembrance programme for the late Publicity Secretary of the Pan-Yoruba socio-political organisation, Yinka Odumakin, described the release of the former governors as discriminatory.
He stressed that it was wrong to grant state pardon to the two of them who were convicted for stealing state funds.
Falana said under the 1999 constitution, there is equality for all citizens, adding that the state pardon has to be extended to all thieves and criminals serving jail terms in various prisons.
He said, “My reaction is that all criminals, all thieves and criminals in our prisons should be released.
“Because Section 17 of the Constitution says there shall be equality, equal rights for all citizens and section 42 said there shall be no discrimination on the basis of class, gender, whatever, so you can’t take out two people and leave the rest there. It’s illegal.”
He said he might be forced to ask lawyers whose clients are still in prison to go to court and challenge the discriminatory treatment.
Falana suggested that the 1999 constitution should be referred to as decree 24 of 1999 as “it was not duly signed.”
He said: “What the National Assembly has continued to do is to amend illegality. The so-called 1999 constitution is really decree 24 of 1999. When you see the so-called constitution, you will not see the signature of the man who signed the law, that’s the fraud.
“When you see a law, the name of the person who signed it should be there with the date.
“Decree 24 of 1999 was promulgated by General Abdulsalami Abubakar on the 5th of May 1999 but today you will not see his name on it. It’s a fraudulent document.
“The decree was imposed on us by the last set of military dictators in Nigeria headed by Gen. Abubakar and because that document is okay for members of the ruling class regardless of their political parties, ethnic, regional or religious inclination, they are all comfortable with the document so they can’t do anything about it including all those we are campaigning today to be President.
“It is to retain the status quo and perhaps adjust it here and there, that is the only thing they are saying, so those who are contesting particularly on the platform of the ruling party are saying we are going to continue the programme of the Buhari administration that has put our country in problem.
“Nigeria has become a huge joke in the committee of nations and so for any set of people to say they want to package his rickety vehicle and begin to panel beat it, it’s not going to move.”
On his part, Okutepa faulted the presidential pardon granted to Dariye and Nyame.
He wondered why president Buhari granted the pardon despite his lamentations that corruption is affecting Nigeria’s growth.
While speaking during an interview, he said: “We are all aware of the reasons they were arraigned and found guilty by the Supreme Court. They are politically exposed people in our society.
“One of the greatest things that has retarded the growth of Nigeria today is corruption. It is the best enterprise in Nigeria today. So, when I heard that Buhari agreed to pardon the ex-governors, I weep for this country. The reason is that the mantra for which this person came to power is that of corruption.
“The duty of the Nigerian government is to fight and eradicate corruption. Corruption has become so cancerous and all hands must be on deck to fight it. I am so upset by the decision because the ex-governor of Plateau State has his appeal dismissed in March 2021 by the Supreme Court.
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