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