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Politics Of Presidential Pardon …The Case Of Alamieyeseigha, The Ex-Convict
Since Wednesday, March 13, 2013, the day after the month’s Council of State meeting in Abuja, Nigeria’s federal capital city, where it emerged that some hitherto culpable Nigerians, both living and dead had been granted Presidential pardon, Nigerians have not enjoyed real sleep. All manner of criticism has trailed the constitutional mode of forgiveness not so much for its unconstitutionality but more for a moral burden, that discretion places on serving President Goodluck Jonathan.
The loudest of criticisms hinge on the fact that granting pardon to former governor of Bayelsa State, Chief Diepreye Alamieyeseigha to whom, President Jonathan once served as deputy governor and whose eventual fall, led to Jonathan’s leap to the Presidential seat, undermined government’s avowed resolve to fight corruption and thus, amounts to an abuse of his powers to show mercy.
More importantly, many hold, granting Presidential pardon to an ex-governor who pleaded guilty to money laundry charges, among others, was tried, convicted and jailed, sent a dangerous signal to the war against corruption.
In his own take on the debate, a Senior Advocate of Nigeria (SAN), Lagos Lawyer, Human Rights Advocate and recipient of the Bernard Simons Award of the International Bar Association, Femi Falana wrote in This Day of Tuesday, March 19, 2013, “Those who are opposed to the action of the Federal Government on the matter should be prepared to join the struggle for the establishment of a new legal system which will not recognise sacred cows among criminal suspects and convicted persons”.
But Falana also conceded that while Alamieyeseigha acknowledged his fault, allowed himself to be convicted and indeed faced the indignity of being jailed, “apart from ex-governor Lucky Igbinedion who also pleaded guilty to the charge of money laundering involving billions and was ordered to pay a fine of N3million, others have halted or suspended their trial sine die”.
According to him, “They have not only been walking free in the country, some of them have since become senators, (now) making laws for the people of Nigeria.
Falana was referring to former Plateau State Governor Joshua Dariye who once jumped bail in the United Kingdom, was declared wanted, and who is now a serving senator, adding, “Another ex-governor had earlier got a perpetual injunction to restrain any anti-graft agency from arresting, investigating or prosecuting him before any court of law while ex-governor James Ibori successfully manipulated the local criminal justice system to the extent that the 171-count charge filed against him was dismissed”.
Another contributor, Udo Jude Ilo, in his work titled, ‘Mr. President, What Message Are You Sending Here’, insisted that the exercise of power under the constitution answers to three gods, the god of public good, the god of the letter of the constitution and the god of morality”.
According to him, “the crimes for which Alamieyeseigha was convicted are in a special class. Nigeria has been defaced by corruption. Since the return to civilian rule, corruption has been the bane of our development as a people”. In the light of this, to grant the ex-governor pardon, amounts to “a shamefaced endorsement of corruption”.
All, including those who find nothing wrong in the President’s action agree that it indeed raises a moral question on those expected to fight corruption.
For instance, Sebastine Hon (SAN) while defending President Jonathan’s action as one with sound Historical, Constitutional and Judicial Backing, conceded that it might have excited a moral burden also.
But what is that moral burden this presidential pardon carries that all others in history across the globe lack? Is it on account of the giver or the receiver or the time frame same was given or received? Which moral burden is static?
First what is Pardon? What is Pardonable? Who should pardon, what? When, Why, where from and How? More importantly what is pardon for? The sinner or the righteous?
Falana, in his treatise, quoted the Black’s Law Dictionary as defining the word clemency as “kindness, mercy, forgiveness usually relating to criminal acts”.
According to Falana, the President of Nigeria, protected by the provisions of section 175 of the constitution may:
a. Grant any person concerned with or convicted of any offence created by an act of the National Assembly, a pardon, either free or subject to lawful conditions.
b. Grant to any person a respite, either for an indefinite or for a specific period of the execution of any punishment imposed on that person for such an offence.
c. Substitute a less severe form of punishment for any punishment imposed on that person for such an offence; or
d. Remit the whole or any part of any punishment imposed on that person for such an offence or any penalty or forfeiture otherwise due to the State on account of such an offence.
2. The powers of the President under Subsection (1) of this section shall be exercised by him after consultation with the Council of State.
3. The President, acting in accordance with the advice of the Council of State may exercise his powers under Subsection (1) of this section in relation to persons concerned with offences against the army, naval or air force law or convicted or sentenced by a Court Marshall.
4. Did the President’s action meet these expectations? All say, yes.
Based on the fore-going the following issues require further re-examination and if possible recommend necessary moral, legal or constitutional reprimands needed to make good what has seemingly gone wrong. However, since all agree that none of the two legal gods-those of law and constitution has been desecrated, the only gods left should then be that public opinion and of morality.
That being so, it will be trite to state clearly that former governor Diepreye Alamieyeseigha is an ex-convict and thus, deserving of pardon. All Christians, just like Moslems agree that if a sinner confesses his sins, and repents of them, he shall save his soul. In this case, DSP did not claim to be a saint. He indeed acknowledged his sins and did not end there. He ventured restitution by going to jail rather than hide under his constitutional immunity to truncate his trial. Before God and most religions, President Jonathan should be praised for summoning the necessary courage to pardon DSP Alamieyeseigha.
Secondly, imprisonment of any kind is supposed to make a better citizen out of a criminally-minded person. Is DSP out of prison, a better citizen, humble person, more patriotic, socially proactive and profoundly more statesmanly or not? Government says his new Iife depicts all such qualities and even more.
Thirdly, is it thinkable that Jonathan could single-handedly impose pardon on DSP without the tacit support of a proactive NGF, the opposition state governors, former heads of state, members of the ruling PDP governors forum, and indeed the heads of the National Assembly? As unlikely as that seems, it is still important to ask, did Jonathan act on the recommendation of the Council of State as earlier put forward by the Committee on the Prerogative of Mercy? If it followed same process, shouldn’t it be seen as the position of Nigeria?
Many are quick to forget that the term corruption is a relative term to which we as Nigerians both individually and collectively, can never play saints. Infact, it will not be sacrilegious should one attempt to re-enact the biblical drama in which countless who sat in judgement over a prostitute were challenged to cast the first stone, and how all, not merely fled, but how led to the eventual redemption, forgiveness and spiritual elevation of the prisoner, earlier convicted by the hypocrite god of public opinion.
What in this country can be said to be built off the sands of corruption? The forced amalgamation of the North and South of Nigeria in 1914, the decision to use the legal advantages of majority to subjugate oil-producing minorities to perpetual backwardness, a country where charity is believed to begin abroad hence living by the whims of some foreign benefactors who pardon even worse set of convicts for more bizarre consideration.
For the avoidance of doubt, the pardon granted DSP Alamieyeseigha indeed amplifies the value of true repentance. It is indeed unlike the case of Yakubu Yusuf who admitted his role in the N23billion Police Pension Fund fraud, was later convicted by a criminal court only to be given a ridiculous option of paying N750,000 fine only. DSP, went through it all and deserves commendation for the humble restitution after his conviction and eventual incarceration.
More importantly, Jonathan has committed no offence not even a moral one except that of making it clear that true repentance, service to society and genuine restitution towards a shameful past is indeed rewarding. That Diepreye Alamieyeseigha as governor was President Jonathan’s master does not remove the fact that pardon of any kind, is not for the righteous, but sinners, convicted criminals and even murderers.
It is such a shame that some of the so-called lovers of Nigeria who consider a presidential pardon by Jonathan to DSP, for which the latter had served necessary sanctions, could prefer amnesty for Boko Haram terror elements, as long as it will bring about temporary peace.
My Agony is that should the biblical drama be enacted in the presence of Jesus, the Christ, not one would still have a stone in his possession. And DSP shall be blessed even without their approval. That’s the nature of pardon.
Methinks the Nigerian poor must accept Alamieyeseigha as their kind, one, so poor in spirit that he went the path of every poor. Otherwise, what would be the difference between the many thieving ex-governors who, so rich, prevented their own prosecution as distinct from Diepreye who not merely went to jail, forfeited his property but also reverted quickly to the simple life of the poor, a rare humility that marked him out as a worthy material to broker peace between government and the dejected, poor and disillusioned agitators of the Niger Delta.
That is penitence.!
President Jonathan And Alamieyesigha
Front Pix
DEPLOY YOUR CAPACITY, TECHNICAL KNOWHOW TO REVITALISE SONGHAI FARMS, FUBARA TELLS TASK FORCE
Rivers State Governor, Sir Siminalayi Fubara, has said that diversifying the economy of the State has become inevitable because of the need to solve the problem of food shortages while also providing jobs for the teeming unemployed youths.
These, he said, are the reasons why great care has been taken to critically look at the prospects of revitalising the Songhai Integrated Farms, which is located in Bunu Tai, in Tai Local Government Area of the State.
Governor Fubara insisted that if the problem associated with food shortages is tackled with good intent and purpose, about 40 to 50 percent of current problems of economic hardship plaguing the country and its people would have been solved.
Governor Fubara made the assertion while inaugurating the Chairman, Mr Biedima Oliver, and members of the task force saddled with the responsibility of supervising the revitalization of Songhai Integrated Farms by its partners: Vitalcrop Ventures Limited and Imagine Adama Limited, at Government House in Port Harcourt, yesterday.
Other members of the task force included, the Rivers State Commissioner for Agriculture, Engr Victor Kii; Commissioner for Finance, Barrister Emmanuel Frank-Fubara; Dr Ayebaesin Beredugo; and Mr Maurice Ogolo.
The Governor explained that it took him time to approve the constitution of the task force being inaugurated because of the ugly experience with the previous group that shown such interest.
Governor Fubara stated that a process was initiated and driven halfway into the handing over of Songhai Farms on concession to an interested partner who latter showed a total lack of the needed capacity to undertake such task.
He said, “As a matter of fact, if few of you could remember, we even conceded the place to an investor who came in after he had made his presentation, and we, believing that he has the capacity, we said okay to him, and we had already signed up.
“But something happened. He came back to tell us that he wanted us to give him a N5billion bank guarantee. We then asked him, why? If we have the N5billion, why do we need you to come and even revitalize Songhai Farms? We would have put that N5billion there ourselves. For that reason, we cancelled that arrangement.”
Governor Fubara said now that two separate companies have come together to indicate interest and given the assurance of having the needed capacity to drive the process, he is delighted to see them meeting that expectation.
Governor Fubara pointed to the expectation of the people who want to see the Songhai Farms back on stream on a sustainable basis.
That expectation, he insisted, is also what his administration wants to see actualised within its lifespan.
He noted, “We want to see food sufficiency, because we know when Songhai Farms comes on board, there will be food, which is one of the problems we are having in this country. If we are able to tackle the issue of food, 40 to 50 percent of our problem will be solved.”
Governor Fubara also stated that although he believes in the presentation made by the group and has taken their assurance to heart, but warned that he would not tolerate a repeat of what happened before.
The Governor said, “I hope your story will not be (end) halfway too. I hope you have the capacity and all the technical knowhow to handle it. It is not when we start now, after we had finished inaugurating the task force, you will come back to tell us that you need $2million. If we have $2million, we won’t need you. We will invest it by ourselves.”
Governor Fubara, however, praised the capacity of the Chairman of the task force, Biedima Oliver, saying that incidentally, he was one of the personnel that convinced the then administration to develop the Songhai Farms, and had worked with the Rivers State Sustainable Development Agency (RSSDA) to manage the project.
He said, “He knows and understands the workings of Songhai, and now that we are making you the chairman of the task force, we want to believe that you will make that place come back to life.
“I don’t have any doubt in your capacity. A few things you’ve touched, you turned them to gold. Please, bring it back to what we used to see in Songhai. Bring it back with the help of your committee.”
Governor Fubara assured that his administration will remain committed to providing all the necessary support that they may require to make their assignment a success.
He added, “So, I hereby inaugurate you. Your task is very simple: Do everything within your powers and with our support to make sure that Songhai becomes operational to the benefit, not just the people of Tai, but to the entire Rivers State and Nigeria as a whole”.
In his acceptance speech, the Chairman of the Task Force to Supervise the Revitalization of Songhai Farms with Vitalcrop Ventures Limited and Imagine Adama Limited, Mr. Biedima Oliver, expressed appreciation to Governor Fubara for the opportunity and confidence reposed in them to revive Songhai Farms.
Mr. Oliver assured that they will deliver the expected goal on Songhai Farms, and doing so on time and on target so that the good people of Rivers State can eventually be happy and also benefit from the huge investment.
Rivers State Governor, Sir Siminalayi Fubara, has declared that all the policies and programmes of his administration are tailored towards the protection of interest of Rivers people, especially the youths.
This, he said, is borne out of the importance his administration attaches to youths’ development and empowerment as leaders of tomorrow.
Fubara, according to a statement by his Chief Press Secretary, Nelson Chukwudi, disclosed this when he received the youths of Emohua Local Government Area under the auspices of “Emohua Youths For SIM” on solidarity visit to Government House, Port Harcourt, last Friday.
He said that his administration has put in place modalities that will boost the livelihoods and well-being of Rivers citizens, which youths of Emohua will also benefit when they materialise.
The governor, who spoke through the Rivers State Head of Service, Dr. George Nwaeke, pointed out that the recently awarded Elele-Omudiaga-Egbeda-Ubimini-Ikiri-Omoku Road, the ongoing Emohua-Kalabari Road, reinstatement of illegally sacked workers of Emohua Local Government Area and the approval for electrification of the area, are part of deliberate measures to open up the area to make life conducive and more meaningful for the people.
According to him, “Everything about the governor is putting the interest of Rivers State first. He is looking at and taking action on those things that we need to do to restart the wheels of progress in Rivers State.
“There are many things the governor has planned and is already doing that will boost the life and welfare of every citizen of Rivers State, but most importantly the youths.
“Growing up, I learnt that Egbeda is one of the biggest communities in the whole of Ikwerre, and it’s predominantly an agrarian community. They have food in Egbeda, they have food in Ubimini, they have food in Omudiaga and other natural resources. The whole world is tilting to agriculture, and this is the way to go.
“The Elele-Umudioga-Egbeda-Ubimini-Omoku road, when completed, will open up the area for real development. Your food and everything you produce there will now have value, they will no longer be thrown away. In all these, you the youths are going to be the utmost beneficiaries.”
He added, “Same will be applicable to the Emohua-Kalabari Road which will also, trigger development in the area, and you will be the greatest beneficiaries. When the LGA is also electrified, you will be having 24 or 20 hours of electricity, and those things the youths can do with electricity, you can stay at home and create wealth for yourself and children.
“All the totality of what the governor is doing, when they are completed, or even as some are completed now, the youths are going to be utmost beneficiaries.”
While acknowledging that youths are the true leaders of tomorrow and any government that fails to carry them along in the scheme of things is doomed to fail, the governor assured them of his administration’s commitment to always address issues concerning youths and ensure that they are part of his government.
He commended the youths for toeing the path of truth by identifying with his administration, urging them to sustain the tempo and shun evil, as his government will ensure that the trend whereby politicians turn youths to beggars are over.
He said, “Youths are, indeed, the leaders of tomorrow. The time of youth is a very important time. It a time that your parents or whoever is your leader at that time have to make the greatest investment in you. And any Government that decides to only carry the elderly, chiefs aling and abandon the youths is bound to fail,” he asserted.
“But I am happy that Governor Fubara has concentrated his energy on everything that will benefit the society, especially the youths.
“And based on these, I want to thank you for recognising what is good and calling it good, for shunning what is evil, for saying the Governor is standing for you.
“Let me tell you, you are on the right direction. Let me tell you again, Rivers State is the bride of Nigeria. The whole Nigeria is looking at what will happen here. As they look here and see you standing on the path of truth, this is a very important step that you have taken to right all the wrongs of the past, to make Rivers State stand on the tripod of justice, peace and security. That is what we are going to gain through the governor, taking all the wise actions that he has already initiated.
“The projects the governor is embarking on are meant to prepare nets for the youths to fish and put food on their table, hence you should continue to follow him.
“The SIMplified Movement brought upon by the governor will ensure that Rivers youths stop the habit of going to bow down before politicians, pledging loyalty before they can eat.”
Earlier, spokesman for the Emohua Youths for SIM, Comrade Ovamale O. Ovamale, had said that the visit by youths from the 14 political wards in Emohua Local Government Area was to thank the governor for the award of the Elele-Omudiaga-Egbeda-Ubimini-Ikiri-Omoku road, the approval for electrification of the area and reinstatement of sacked workers of Emohua Local Government Council, of which the youths were mostly affected.
According to him, “Siminalayi Fubara of recent has given Emohua Local Government road that links Elele to Omoku, which comprises over four communities in the local government.”
“Emohua Local Government has also been in darkness for eight years. No community in the local government that has light. But, of recent, because of the passion and love the governor has for the people of Emohua, he has approved the electrification of the local government.
“Also, the illegal sack of Emohua Local Government workers, for which the youths were mostly affected and without the approval of the Local Government Service Commission, the governor, in his compassionate nature, has reinstated them, and that is why we said we must come and thank His Excellency”, he said.
Rivers State Governor, Sir Siminalayi Fubara, has assured that his administration will collaborate and continue to consult widely in delivering a liberated State experiencing enduring peace.
Fubara said, in doing so, he would not operate as a dictator but as a member of a team that has the best interest of the State at heart and determined to leave a lasting legacy that can be celebrated.
The governor spoke during the formal presentation of Certificate of Recognition and Staff of Office to the Amanyanabo of Okochiri Kingdom, King Ateke Michael Tom, as first class tradition ruler, at Government House in Port Harcourt, yesterday.
Fubara stated that, during the Sixth State Executive Council meeting, N80.8billion was approved with 50 percent contract value paid already as the Government awarded the construction of the Elele-Egbeda-Omoku Road.
He said the project will be funded from the savings from Internally Generated Revenue (IGR) to underscore his administration’s prudence without also borrowing to complete the project.
“We are at a crossroad in our State where we all need to stand for what is right. It happens once in a life time. So, for now, be one of those people that will be in the course to liberate and free our dear State.
“And I know strongly that having the support of a peace-loving Amanyanabo of Okochiri Kingdom, having the support of the wonderful Council of Chiefs, having the support of the great people of Rivers State, we will bring peace in our State. We will do those things that are right to develop our State.
“We will continue to consult. We will not act as dictators. We will act as people who know that one day, we will leave, and when we leave, the way we have acted will speak for us. We will not force people to talk good about us. Our legacy will be a signature for how we led”, the governor said.
Fubara explained that he acted within the ambit of the law to upgrade the traditional stool upon which King Ateke Tom sits in recognition of his efforts in promoting peace in Okrika, and indeed, the State, and urged him to continue to do justice to everyone.
In his speech, Commissioner for Chieftaincy and Community Affairs, Hon Charles Amadi, congratulated King Ateke Tom for being formally presented with the Certificate of Recognition and Staff of Office as first class traditional ruler.
Also speaking, former Transport Minister, Chief Abiye Sekibo, thanked the governor for fulfilling his promise of upgrading the traditional stool of Okochiri Kingdom, and pledged the support of Kirike Se people to his administration.
