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Nyame SERAP tells Buhari uphold oath of office Withdraw pardon for Dariye

Withdraw pardon for Dariye, Nyame, uphold oath of office, SERAP tells Buhari

 

Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to use his “good offices to urgently review and withdraw the pardon granted to former governors of Plateau State, Senator Joshua Dariye, and Taraba State, Rev Jolly Nyame who are serving jail terms for corruption.”

 

SERAP is also urging him to “propose constitutional amendment to the National Assembly to reform the provisions on the exercise of the prerogative of mercy to make the provisions more transparent, and consistent and compatible with Nigeria’s international anti-corruption obligations.”

 

Mr Dariye and Mr Nyame were jailed for stealing N1.16bn and N1.6bn, respectively. However, the National Council of State last week endorsed the pardon of Mr Dariye, Mr Nyame and 157 others serving jail terms following the recommendations of the Presidential Advisory Committee on the Prerogative of Mercy.

 

In the letter dated 16 April, 2022 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “Impunity for corruption will continue as long as influential politicians escape justice for their crimes. The constitutional power of prerogative of mercy ought not to be an instrument of impunity.”

 

SERAP 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.”

 

SERAP also said, “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.”

 

According to SERAP, “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.”

 

SERAP said, “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.”

 

The letter, copied to the Conference of the States Parties to the United Nations Convention against Corruption, read 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 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.”

 

“While there is no doubt that Section 175 of the Constitution vests wide discretionary power in the Nigerian president to grant pardon, it does not stipulate the conditions under which such power should be exercised.”

 

“However, when section 15(5) of the Constitution is read together with the oath, it would seem to impose some ethical conditions on you to ensure that the exercise of the discretionary power of prerogative of mercy is not such that it will encourage corruption or impunity of perpetrators.”

 

“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.”

 

“Section 15(5) of the Nigerian Constitution provides that ‘The State shall abolish all corrupt practices and abuse of power.’ Similarly, article 26 of the UN Convention against Corruption requires your government to ensure ‘effective, proportionate and dissuasive sanctions’ in cases of grand corruption.”

 

“Article 26 of the convention complements the more general requirement of article 30, paragraph 1, that sanctions must take into account the gravity of the corruption offences.”

 

“SERAP notes that in your inaugural speech on May 29, 2015 you stated that, ‘We are going to tackle pervasive corruption head on. Nigerians will not regret that they have entrusted national responsibility to us.’”

 

“However, the latest Transparency International’s Corruption Perception Index shows that Nigeria scored 24 out of 100 points, and ranked 154 out of 180 countries surveyed, falling back five places from the rank of 149 in 2020. This places Nigeria as the second most corrupt country in West Africa.”

 

“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.”

 

 

 

 

Kolawole Oluwadare

SERAP Deputy Director

17/4/2022

Lagos, Nigeria

Emails: info@serap-nigeria.org; news@serap-nigeria.org

Twitter: @SERAPNigeria

Website: www.serap-nigeria.org

For more information or to request an interview, please contact us on: +2348160537202

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OLOROGUN DAVID EDEVBIE IS THE BEST PERSON FOR DELTA STATE GOVERNORSHIP JOB SAYS UPU

OLOROGUN DAVID EDEVBIE IS THE BEST PERSON FOR DELTA STATE GOVERNORSHIP JOB, SAYS UPU

 

 

The leadership of Urhobo Progress Union (UPU) on Sunday endorsed Olorogun David Edevbie for the Delta State 2023 governorship election.

The endorsement was contained in a communiqué signed by Olorogun Moses Oghenerume Taiga, President-General, Chief Capt. (Dr.) Anthony Onoharigho, 1st Deputy President-General, Chief Godwin Notoma,Chairman  Forum of Presidents-General of the 24 Urhobo Kingdoms, Dame Chief (Mrs.) Christy Siakpere, President, UPU Women Wing and Comrade Ovie Ebireri, President, UPU Youth Wing.

The UPU leaders hinged their position on the need for Urhobo nation to present a common front to ensure that Delta Central produces the next Governor of the state, stressing, however that the other aspirants are also qualified and fit persons but pleaded with them to consider the collective interest of the Urhobo nation above personal ambitions and support the decision

‘’Only one person will occupy the position’’.

The UPU also urged Governor Ifeanyi Okowa to forgive Edevbie for any wrong for which he may have been angry with him and allow the Urhobo nation to present the best and preferred choice in the overall interest of the development of the state.

In the statement titled “Delta State Governorship 2023: Our Stand; Our Choice,” the UPU said the choice of Edevbie was based on a rigorous engagement with all Delta Central PDP aspirants for the Governorship position from which Edevbie emerged as the best.

“After thoroughly examining and analysing all the aspirants, we have, however, reached the consensus that Olorogun David Edevbie is the best person for the job at this time. Over time he has acquired impressive public sector experience, both locally in Delta State and Federal Governments, and prior outstanding international development finance experience,” the statement said.

“We hereby sincerely plead with all our sons and prevail on them all to support and collaborate with the consensus choice of UPU Worldwide for the collective interest of our dear Urhobo Nation. We ask for their understanding at this critical and trying time in the history of the Urhobo Nation.”

Its action, the UPU said, is in fulfillment of defending, protecting and safeguarding the interests of the Urhobo nation while promoting unity and good relations with other parts of Delta State.

“We need to take note of the current political atmosphere in Delta State and the seeming attempt to deliberately undermine the interest of the Urhobo people in the 2023 Governorship race.

“In this regard, the Government of the Urhobo Nation, the UPU, is under obligation, at all times and in all circumstances to defend, protect and promote the interest of the Urhobo Nation and her people. The UPU is unequivocally committed to the emergence of an Urhobo person as the next Governor of Delta State in 2023.”

Explaining the selection process, the body said all the aspirants were taken into confidence on the need to promote a common front and commended them on the friendliness and peacefulness in which they have conducted their consultations.

“To present a united front in the forthcoming primaries of the Peoples Democratic Party (PDP), the UPU had a brainstorming session with each of the Urhobo aspirants. All the aspirants who presented themselves before the UPU in the four-day interactive session performed brilliantly. We acknowledge that they are all eminently qualified and suitable for the job, and each has what it takes to occupy the office of the Governor.

‘We wish to recall admonishing each of the aspirants in the cause of our meeting with them that “the UPU will, in conjunction with all stakeholders, ensure that the Urhobo Nation produces the Governor in 2023. We shall be firm on this and 2023’’

‘’We shall be fair and just to all the aspirants because we know that you all are eminently qualified for the office. It is just that only one person can go per time.”

The choice of David Edevbie is consistent with their position in the 2014 primaries in which they also endorsed him as their best and sole candidate.

The UPU particularly pleaded with Governor Ifeanyi Okowa to accept their choice of David Edevbie, assuring him of their continued mutual friendship and brotherhood.

“We want to appeal to our Governor, His Excellency, Sen. Dr Ifeanyi Okowa, to forgive Olorogun David Edevbie for any perceived transgression. To forgive is divine. No individual is perfect.

“Your Excellency, we also urge you to allow the Urhobo Nation to choose the candidate of its preference please. We can assure Your Excellency that if considered necessary, we, as Urhobos, will act as sureties of Olorogun David Edevbie while in the office if, by the grace of God, he wins the Governorship general elections in 2023.”

On otation of power by senatorial districts, the union  thanked various stakeholders of the state especially the traditional rulers and leading political class for keeping with the arrangement.

“The UPU commends all our Royal Fathers across the State and all well-meaning Deltans who have given their support to the rotational policy on Senatorial basis, as against ethnic nationality.

“The UPU has absolute faith in the rotation of the Governorship position among the three Senatorial Districts of the State, which, of course, has gone round, having started with Central in 1999 and rounding up now with the North. This rotational policy has brought about peace, mutual respect among the diverse ethnic groups and tranquility to the State in the last 22 years, paving way for the growth and development that have been witnessed so far in the State. The policy must, therefore, be encouraged and sustained by all the ethnic nationalities in the State to guarantee the prevailing peace, and prevent the unnecessary rancour, acrimony and violence often associated with campaigns and elections.”

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