– Sagay, Azaiki Laud Jonathan Over Action
THE dust over the presidential pardon granted some Nigerians, particularly former governor of Bayelsa State, Chief Diepreye Solomon Peter Alamieyeseigha, is not about to settle.
More Nigerians and the international community, including the United States (US) and Transparency International (TI), a global anti-corruption organisation, have queried the action. Indeed, the United States expressed “deep” disappointment while TI urged President Goodluck Jonathan to rescind the pardon for Alamieyeseigha, who was convicted of money laundering.
In just two, but weighty sentences, the US, through its embassy in Abuja, Nigeria’s capital, thumbed down the decision to grant a state pardon to Alamieyeseigha.
Using its Twitter account (under the US Mission in Nigeria mast), the US government twitted: “We are deeply disappointed. We see this as a setback in the fight against corruption.”
The tweet, which was a response to other twitter messages asking for a US’ reaction to Alamieyeseigha’s pardon, as well as further action from America, is already generating considerable heat in and around Nigeria, with international news organs, such as Fox News, already feasting on it.
Other following tweets, as can be seen in the US Mission tweeter page (#USG and # Nigeria), also spoke of possible sanctions.
Officials of the Public Affairs Section (PAS) of the US embassy Friday, which directed The Guardian to its Tweeter account, said they were not authorised for now to give any further details.
But the federal government yesterday summoned the Deputy US Embassy Chief of Mission, to protest a statement credited to the spokeswoman of the Embassy, Deb MacLean, on the Embassy’s Twitter account.
The Ministry expressed the hope that “the Embassy of the United States of America would henceforth desist from making unwarranted comments on Nigeria’s internal affairs, which are capable of undermining the friendly relations that exist between both countries.”
According to a late night statement from the ministry, Nigeria deplores the use of the words “deeply disappointed” over the pardon and “a setback in the fight against corruption” in Nigeria.
In the protest conveyed via a diplomatic note, the Ministry of Foreign Affairs strongly condemned the comment from the US Embassy in Abuja, which it described as undue interference and meddlesomeness in the internal affairs of Nigeria.
It pointed out that this was not the first time a government in Nigeria or elsewhere would grant state pardon to individuals who have committed one crime or the other.
The ministry further stressed that the pardon granted is entirely consistent with the provisions of the Nigerian constitution.
TI, in a statement by its Vice Chairman, Akere Muna, said: “This decision undermines anti-corruption efforts in Nigeria and encourages impunity.
“If the government is serious about uprooting public corruption, sanctions against those who betray the public trust should be strengthened, not relaxed.”
Similarly, a lecturer in the Faculty of Law, Bayero University Kano, Ahmed Rabi’u, described the action regarding Alamieyeseigha as improper, untimely and political.
He said though Jonathan has every constitutional right, as the President of the country and Chairman of the National Council of State, to grant pardon to any ex-convict, there are fundamental things for him to consider before doing so in the best interest of the country.
“There are three things to look at- morality, politics and law. The President has every legal right to grant pardon to any ex-convict, but granting such to Alamieyeseigha contradicts morality, because of the political undertone involved,” he stated.
Former Chairman of the Ikeja branch of the Nigeria Bar Association (NBA), Adebamigbe Omole, said the intendment of the drafters of the constitution could not have been that the provision for state pardon be used to grant pardon to treasury looters and economic saboteurs.
He said: “It is not disputable that the President, in the exercise of his constitutional power, can grant pardon to felons, but in granting such, the President must act reasonably, responsibly and in the overall interest of the nation.
“Thus in a situation where state pardons are granted to those convicted of looting the treasury of their states, criminal breach of trust, embezzlement of depositors and shareholders fund and coup plotting, the conclusion to be drawn by any reasonable man is that the President, acting on the advice of the Council of State, if any, has not acted reasonably and in the best interest of the country, especially with the position of the country on global corruption index.”
For Lagos-based rights lawyer, Malachy Ugwummadu, the action is a confirmation that the fight against corruption in Nigeria has ended.
“Note that there was not a single ordinary Nigerian convicted for stealing handset or tubers of yam that was pardoned.
“But by far more, the poverty of the situation is that all the state resources, energy and public resentment that went into the processes before Alamieyeseigha’s conviction have now come to naught, because as at today, he can pick up PDP form to vie for a seat in the Senate come 2015, which is where they all want to be and push further for immunity.
“Nigerians must be united in condemning this reckless, insensitive perfidy. Even the international community will become very circumspect in their embrace for direct foreign investment,” Ugwummadu said.
But some Nigerians saw it differently. Prof Itse Sagay (SAN) believed the pardon was in order, considering that Alamieyeseigha had been tried and convicted, with his property seized, whereas there are thousands of corruption cases in court that are not being followed up.
He commended Jonathan for granting the ex-governor pardon, adding: “There is one particular case of a man that got perpetual injunction at the High Court level to stop his probe and trial and nothing has happened about it till today. What type of corruption are we still fighting?
“There is nothing relevant between Alamieyesiegha and corruption anymore. The government should stop running after its wrong enemies. There are those corrupt government officials that are walking freely. These are the people that the government should go after. Alamieyesiegha deserved to be pardoned.”
Prof Steve Azaike said much as it is true that Alamieyeseigha made some mistakes, but he was a victim of political manipulation, because of his strong position on resource control, fair distribution of our oil wealth, with special consideration to those who produce the oil.
Azaiki, who was the Secretary to the State Government (SSG) when Alamieyeseigha was governor, disclosed: “Only yesterday, two members of the Bayelsa State House of Assembly said they were forced to sign documents to impeach Alamieyeseigha. It is in the wisdom of the President and the National Council of State to give pardon. It is not the first in history.”
He added: “What the President and the National Council of State have done is morally and politically correct. The pardon will give Alamieyeseigha a second chance to contribute to the progress, peace and development of our country.”
National Chairman of United Peoples Party (UPP), Chief Chekwas Okorie, said that it was the constitutional power conferred on Jonathan that he exercised in granting the pard
on, more so since nobody among those who attended the National Council of State meeting opposed him.
“In a normal society, the decision is supposed to haunt the President and his party in 2015 general elections.
“Presidential pardon can only be granted to ex-convicts and that was what the President has done. It is left for Nigerians to guard their votes well to ensure that these people did not return to the seat of power again,” Okorie stressed.
Lagos lawyer, Bamidele Aturu, noted: “If we extend pardon to those who are convicted of economic crime, financial crime and all sorts, then we are sending a very dangerous signal to the people and the outside world that we are not interested in fighting corruption.
“We are making it clear and loud that in Nigeria, anything goes.”
He added: “We are talking about people showing remorse, what about those who were jailed for stealing two tubers of yams after they had shown remorse. Have they not shown remorse? Should we then go and break open the prison gate?
“I think this is a show of shame to the ruling elites. I am not about the president alone because what we heard was that the Council of State unanimously endorsed the proposal for pardoning.
“And the president himself can claim that he has complied with section 125 of the law that empowers him to grant pardon, saying he has put it before the Council of State and they approved it.”
Courtesy: The Guardian