Dariye, Nyame’s pardon’ll encourage corruption, SERAP tackles Buhari

Socio-Economic Rights and Accountability Project has urged the President, Major General Muhammadu Buhari (retd.), to urgently review and withdraw the pardon granted to former governors of Plateau State, Senator Joshua Dariye; and Taraba State, Rev Jolly Nyame.

Upholding the pardon, the group argued, would ensure “impunity for corruption continue as long as influential politicians escape justice for their crimes.”

SERAP, in a letter dated 16 April, 2022 and signed by its Deputy Director, Kolawole Oluwadare, and contained in a statement on Sunday, said “the constitutional power of prerogative of mercy ought not to be an instrument of impunity.”

The group also urged Buhari to “propose constitutional amendment to the National Assembly to reform the provisions on the exercise of the prerogative of mercy to make it more transparent, consistent and compatible with Nigeria’s international anti-corruption obligations.”

The PUNCH reports that the National Council of State had on Thursday endorsed the pardon of Dariye, Nyame and 157 other convicts following the recommendation of the Presidential Advisory Committee on the Prerogative of Mercy.

The 12-member committee, inaugurated by the Buhari in 2018, is headed by the Minister of Justice and Attorney-General of the Federation, Abubakar Malami. Dariye and Nyame were jailed for stealing N1.16bn and N1.6bn, respectively.

However, SERAP in the statement on Sunday, said the “pardon power ought to be exercised in a manner that is consistent with the Nigerian Constitution 1999 [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.”

The statement read in part, “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.

“We would like your government to clarify if the pardon granted to Mr Dariye and Mr Nyame would entitle them to the return of the stolen assets already forfeited to the government.

“The pardon also constitutes an interference in the exercise of judicial power. Because the pardon appears to be arbitrary, it undermines the authority and independence of the judiciary, and access to justice for victims of corruption.

“Presidential pardon for corruption cases is inconsistent with the 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.

“SERAP is concerned that while the pardon power is routinely exercised to shield influential politicians and politically exposed persons from justice and accountability, ordinary people who have committed petty offences but with no money or influential politicians to speak for them, languish in prisons and are rarely considered for pardon.

“Mr Dariye and Mr Nyame should have been allowed to complete their jail terms. The exercise of the presidential pardon in their cases would seem to be unfair and undeserving.

“The investigation and prosecution of the corruption cases involving the pardoned former governors Dariye and Nyame reportedly cost over N300 millions of taxpayers’ money. The cases went from the High Court to the Supreme Court of Nigeria.

“The pardon power, if properly exercised, can help to protect citizens against possible miscarriage of justice.

“SERAP therefore urges you to urgently withdraw the presidential pardon granted to Mr Dariye and Mr Nyame, and to propose amendment to section 175 of the Nigerian Constitution that will make the exercise of the power to pardon more transparent and consistent and compatible with the country’s international obligations.

“Any proposed amendment should also empower the citizens to challenge the legality of any arbitrary exercise of the power of prerogative of mercy.”