Withdraw pardon for Dariye, Nyame, uphold constitutionalism, SERAP urges Buhari

Despite amnesty, ex-gov’s influence on Plateau politics weakened, says Akuns

Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to urgently withdraw the pardon granted former governors of Plateau and Taraba states, Joshua Dariye and Jolly Nyame, who are both serving jail terms for corruption.

The group also implored the Nigerian leader to propose constitutional amendment to reform the provisions on the exercise of the prerogative of mercy to make the provisions more transparent, consistent and compatible with the nation’s international anti-corruption obligations.

Dariye and Nyame were jailed for stealing N1.16 billion each. However, the National Council of State, last week, endorsed the pardoning of Dariye, Nyame and 157 others serving sentences following the recommendations of the Presidential Advisory Committee on the Prerogative of Mercy.

In a letter dated April 16, 2022 and signed by the deputy director, Kolawole Oluwadare, SERAP argued that impunity for graft would subsist, as long as influential politicians escape justice.

The constitutional power of prerogative of mercy ought not to be an instrument of impunity, it added. The organisation said: “The pardon power ought to be exercised in a manner that is consistent with the 1999 Constitution (as amended), particularly the provisions on oath of office by public officers, and Section 15 (5), which requires your government to abolish all corrupt practices and abuse of power.

“Indeed, the presidential pardon power must be exercised in good faith, and in line with the provisions of Chapter 4 of the Nigerian Constitution on fundamental rights.”

The Lagos-based group charged Buhari to clarify if the pardon granted to the ex-governors would entitle them to return the stolen assets already forfeited to the government.

According to the body, the reprieve “constitutes an interference in the exercise of judicial power because the exercise appears to be arbitrary and undermines the authority and independence of the judiciary and access to justice for victims of corruption.”

The correspondence, copied to the Conference of the States Parties to the United Nations Convention against Corruption, reads in part: “The pardon is clearly inconsistent and incompatible with the requirements of the Nigerian Constitution, and the country’s international obligations, including under the UN Convention against Corruption.

“Presidential pardon for corruption cases is inconsistenthe rule of law, and the public interest, as it undermines the principle of equality before the law. It will undermine public confidence in your government’s fight against corruption and the justice system.”

IN a related development, the Galadima Dafo and governorship aspirant on the platform of Peoples Democratic Party (PDP), Jonathan Sunday Akuns (JSA), has stated that though Dariye’s release from prison by reason of amnesty would boost the confidence of his associates, he added quickly that it would not alter the political equation in Plateau State.

He noted that the sense of guilt established against Dariye by the court “is a stigma enough capable of stifling the efficacy of any political move from him.”

Speaking to The Guardian on the implications of the erstwhile governor’s pardon on Plateau politics, Akuns stressed that Dariye’s associates would no doubt be fully engaged in politicking towards the 2023 election cycle with full determination.

The gubernatorial aspirant added: “However, hitherto, the on-ground presence of Dariye was the only missing link. His political enterprise, the zeal of his associates and jobbers were whittled by the sense of his incarceration on corruption-laden criminal charges that were proven in court through rigorous trial process at the High and Appeal Courts, which crystallised in the verdict of the Supreme Court.”