Connect with us

Politics

Ozekhome Carpets FG Over Dariye, Nyame’s Pardons

Published

on

The Federal Government, Saturday, received more knocks for the pardons granted to former Governors of Plateau State, Joshua Dariye and Taraba State, Jolly Nyame, convicted for corruption.
A frontline Senior Advocate of Nigeria (SAN), Mike Ozekhome, has flayed the gesture, describing it as an act capable of ridiculing the country in the international community.
The Tide source learnt that Dariye shed tears of joy on learning about his pardon. Officials of the Kuje facility who broke the news of their pardon to them also noticed that they were suddenly thrown in high spirits as if the doors of the facilities would be opened just immediately.
However, our source learnt that the duo were still awaiting their release from the Kuje facility located at the Federal Capital  Territory,  Abuja, as at the time of filing this report.
Officials of the facility who confided in our source said Dariye, on being told of the pardon was surprised and speechless for some moments, only for tears of joy to roll down his cheeks immediately.
“He embraced some of us in excitement and expressed appreciation to the Council of State, and President Muhammadu Buhari,” one of the officers said.
Ozekhome in a statement on Saturday, argued that both the President and the Council of State goofed and abused their undoubted constitutional powers and privileges in granting pardon to Nyame and Dariye in view of their conduct.
He wondered if Buhari possesses the legal capacity to grant pardon to people prosecuted under state laws
For Ozekhome, Buhari’s action was not only a negation of his administration’s anti-corruption stand, but a confirmation of the argument that the president was not committed to the fight against corruption.
He distinguished the pardon granted to the late governor of Bayelsa State, Diepreye Alamieyeseigha from the current case of Nyame and Dariye.
He said: “There is the more worrisome legal conundrum in the entire presidential pardon as it pertains to the two governors.
“This is whether the president could have legally granted pardon to former governors Joshua Dariye and Jolly Nyame of Plateau and Taraba states respectively, having regards to the fact that both men were convicted for offences  allegedly committed between November 2000 and May 2007.

“The offences under which they were tried and convicted fall under state laws which took place after the promulgation of the1999 Constitution during which time they were governors.
“Specifically, they were tried and convicted under sections 115,119 and 309 of the Penal Code Act, Cap 532, LFN, 1990, obviously an existing State law within the meaning, import and true purport of sections 315(1)(b) and 318 of the 1999 Constitution.

“This Act which became effective as a state law is applicable to the FCT and the northern states. This Penal Code Act ,not being a federal legislation of the NASS, became an existing state law deemed duly enacted by the 19 Northern States by virtue of section 315(1)(b) of the 1999 Constitution.
“It becomes clear therefore that only the governors of Plateau and Taraba States could have legally and rightly granted pardon to Dariye and Nyame,invoking section 212 of the Constitution; and not Mr President under section 175 of the Constitution.”
On the negative implication of granting pardon to Nyame and Dariye, Ozekhome said: “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.
“I dare say that in these two instances, both the President and the Council of State goofed and abused their undoubted constitutional powers and privileges.
“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. And it is doing just that.
“This brazen abuse of power will definitely ricochet and erode the confidence of our international partners in the fight against corruption.
“It will also dampen the morale of the agencies fighting corruption, such as EFCC, the Nigeria Police Force, and the ICPC, amongst others.
“This singular ill-advised act of abuse of power will also definitely embolden political thieves and unrepentant pilferers of our national commonwealth.
“It shows that once you are a friend of the President or a member of his political party, or his acolyte and supporter, you can get away with any crime. In other words, in Nigeria, corruption surely pays!
“With this action, the fight against corruption appears forlorn and a mirage. What is the essence of spending scarce resources in the name of fighting corruption if at the end of the day the convicts will be pardoned and stroll into their palatial homes in splendour in this ugly manner?.

Continue Reading

Politics

Reps Seeks To Retain Immunity For President Only

Published

on

On Wednesday, the House of Representatives passed, through a second reading, a bill seeking to retain immunity for the Office of the President and remove immunity from the Vice President, the Governors and the Deputy Governors.
The bill was one of the 42 considered and passed through the second reading stage during plenary presided over by the Deputy Speaker, Mr Benjamin Kalu, in Abuja.
Sponsored by Hon. Solomon Bob (Rivers PDP), the bill is seeking the amendment of Section 308 of the 1999 Constitution to guard against abuse of office and to ensure transparency in governance.
The long title of the proposed legislation read: “A Bill for an Act to alter the Constitution of the Federal Republic of Nigeria, 1999, to qualify the immunity conferred on the President, remove the immunity conferred on the Vice President, the Governors and their deputies, in order to curb corruption, eradicate impunity and enhance accountability in public office and for related matters.”
Key amendments include changes to Section 308 of the Constitution, which currently grants immunity to the president, vice president, governors, and deputy governors while in office.
The proposed bill will amend subsection 3 to ensure that immunity only applies to the President and the vice president when acting as President under Section 145 of the Constitution.
Additionally, a new subsection 4 will be introduced to make the immunity clause inapplicable if the office holder is acting in an unofficial capacity, engaging in actions beyond the powers of the office, or involved in criminal conduct.
“The bill seeks to foster transparency and strengthen the fight against corruption by making public officials more accountable for their actions, both in and out of office.”
“Section 308 of the principal Act is amended by:(a) substituting a new subsection (3) as follows: “(3) This section applies to a person holding the office of the President of the Federal Republic of Nigeria and the Vice President only when acting as President, in line with Section 145 of this Constitution.
Creating sub section (4) thereto as follows:”(4) The foregoing provisions of this section shall be inapplicable where the person to whom this section applies is acting in an unofficial capacity or where the conduct of the person is beyond the powers of his office or the conduct is criminal in nature.
“This Bill may be cited as the Constitution of the Federal Republic of Nigeria (Alteration) Act 2024.
The bill is currently awaiting further debate and consideration by the National Assembly.

Continue Reading

Politics

Recall From NASS: INEC Confirms Petitioners’ Contact Details Receipt, Notifies Natasha

Published

on

The Independent National Electoral Commission (INEC) has written to notify Natasha Akpoti-Uduaghan, the senator representing Kogi Central, about the petition by constituents seeking her recall from the national assembly.
INEC said it has also received the contact details of the petitioners.
“Pursuant to section 69 of the constitution of the Federal Republic of Nigeria 1999, as amended, I write to notify you of the receipt of a petition from representatives of registered voters in your constituency seeking your recall from the senate.
“The notification is in line with the provisions of clause 2 (a) of the Commission’s Regulations and Guidelines for Recall 2024.
“This letter is also copied to the presiding officer of the senate and simultaneously published on the commission’s website. Thank you”, the letter read.
The letter was signed by Ruth Oriaran Anthony, secretary to the commission.
Meanwhile, in a statement issued on Wednesday, INEC said it has now received the updated contact details from representatives of petitioners seeking to recall the senator.
In the statement, Sam Olumekun, INEC’s National Commissioner and Chairman of Information and Voter Education, said a letter notifying the senator of the petition has been delivered to her official address, copied to the senate presiding officer, and published on the commission’s website.
“The next step is to scrutinise the list of signatories submitted by the petitioners to ascertain that the petition is signed by more than one half (over 50%) of the registered voters in the constituency. This will be done in the coming days.
“The outcome, which will be made public, shall determine the next step to be taken by the Commission. We once again reassure Nigerians that the process will be open and transparent”, Mr Olumekun said.
Sen. Akpoti-Uduaghan had recently accused Senate President Godswill Akpabio of sexually harassing her.
The allegation came in the wake of seating arrangement related altercation between Senator. Akpabio and the Kogi Central senator at the red chamber
She was subsequently suspended from the senate for six months for “gross misconduct” over the incident.
The constituents behind the recall move also accused her of “gross misconduct, abuse of office, and deceitful behaviour”.
The senator has denied wrongdoing and called the recall effort a “coordinated suppression” of her voice.

 

Continue Reading

Politics

Bill To Upgrade Lagos LCDAs To LGAs Pass Second Reading

Published

on

The House of Representatives on Wednesday passed the second reading of a bill to upgrade the Lagos State 37 Local Council Development Areas (LCDAs) to full-fledged Local Government Areas (LGAs ).
The bill, was sponsored by James Faleke, Babajimi Benson, Enitan Badru, and 19 other lawmakers.
The bill is titled “A Bill for an Act to Alter the Constitution of the Federal Republic of Nigeria, 1999 (as amended) to Accommodate the Thirty-Seven (37) Development Area Councils of Lagos State as Full-Fledged Local Government Areas, Increasing the Total Number of Local Government Areas in the Federation to Eight Hundred and Eleven (811), and for Related Matters (HB. 1498),”
Once fully enacted, Nigeria’s total number of LGAs will rise from 774 to 811, with Lagos overtaking Kano and Katsina, which currently have 44 and 34 LGAs, respectively.
Proponents of the bill argue that granting full LGA status to the LCDAs would bring governance closer to the people. The 37 LCDAs were created by President Bola Tinubu in 2003 when he was governor of Lagos State.
However, it’s worth noting that the Lagos State House of Assembly has been working on a bill to replace the 37 LCDAs with newly designated administrative areas.

Continue Reading

Trending