SERAP asks Buhari to withdraw pardon for Dariye, Nyame
Rights group, the 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.”
Former governors Dariye and Nyame were jailed for stealing N1.16bn and N1.6bn, respectively. However, the National Council of State on Thursday endorsed the pardon of the two former governors and 157 others serving jail terms following the recommendations of the Presidential Advisory Committee on the Prerogative of Mercy.
In a 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.
Formers governors Dariye and Nyame were jailed for stealing N1.16bn and N1.6bn, respectively. However, the National Council of State on Thursday endorsed the pardon of the two former governors and 157 others serving jail terms following the recommendations of the Presidential Advisory Committee on the Prerogative of Mercy.
In a 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.
“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.”
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.