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Buhari granted pardon to Dariye, Nyame because of 2023 elections – Wike

The Rivers State Governor, Nyesom Ezenwo Wike, on Monday slammed President Muhammadu Buhari for granting presidential pardon to the duo of former Plateau State governor, Joshua Dariye and his Taraba State counterpart, Jolly Nyame, who were convicted for corruption.

The National Council of State had last Thursday granted state pardon to the former governors and 157 other persons serving prison terms for various offences.

Wike, who addressed the Peoples Democratic Party (PDP) delegates in Kano State as part of his ongoing consultation ahead of the party’s presidential primary, said the pardon granted to Dariye and Nyame was an embarrassment to the Economic and Financial Crime Commission (EFCC) and the Independent Corrupt Practices and other Related Offences Commission (ICPC).

He added that the duo were pardoned because of the 2023 general elections.

The governor said: “This is the same government that complained against the judiciary that it is not fighting against corruption. Now, look at what the judges have passed through; sleepless nights from the FCT High Court to the Court of Appeal to the Supreme Court, everything is wasted.

“If President Muhammadu Buhari knows that he doesn’t want to fight corruption, then, he should disband EFCC and ICPC because he has thoroughly embarrassed them.

“So, all these things he (Buhari) is doing is because of the election coming soon. They want this person in Plateau State to help them and they want this person in Taraba State to help them. But it will not work because Wike will face them in that election.

“So, when his pressman (Garba Shehu) said I was invited to the Council of State, is it because I’m not there, that is why they did what they did?

“If you wanted me to contribute, you would have sent me the agenda. Then, I would have known what I’m coming to do in the meeting.

It’s not when you don’t send me agenda, I come, then you boxed us in, ambushed us, then you said I attended the meeting where they approved it. I will not attend such a meeting.

“When they said my deputy attended and when they looked back they could not see my deputy again. Why would you see her?

The Socio-Economic Rights and Accountability Project (SERAP) has asked President Muhammadu Buhari to withdraw the presidential pardons granted to former governor of Plateau State, Joshua Dariye and his Taraba State counterpart, Rev Jolly Nyame, if he (Buhari) is serious about the fight against corruption in the country.

The duo of Dariye and Nyame, along with 157 others serving various jail terms, were granted pardons following the recommendations of the Presidential Advisory Committee on the Prerogative of Mercy at the Council of State meeting last week.

While Dariye was sentenced to 10 years imprisonment for stealing N1.16bn from the Plateau State ecological funds, Nyame was convicted for diverting N1.6bn of Taraba funds.

But in a letter addressed to the President, SERAP urged Buhari to urgently review the process, as well as “proposing a 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.”

In the letter dated 16 April, 2022, and signed by its Deputy Director, Kolawole Oluwadare, SERAP said the “impunity for corruption will continue as long as influential politicians escape justice for their crimes.”

The letter, copied to the Conference of the States Parties to the United Nations Convention against Corruption, reads 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.

“The presidential pardon for corruption cases is inconsistent with the rule of law, and the public interest, as it undermines the principle of equality before the law,” the letter reads.

“SERAP is concerned that while the pardon power is routinely exercised to shield influential politicians and politically exposed persons from justice and accountability, ordinary people who have committed petty offences but with no money or influential politicians to speak for them, languish in prisons and are rarely considered for pardon.

While there is no doubt that Section 175 of the Constitution vests wide discretionary power in the Nigerian president to grant pardon, it does not stipulate the conditions under which such power should be exercised.

“However, when section 15(5) of the Constitution is read together with the oath, it would seem to impose some ethical conditions on you to ensure that the exercise of the discretionary power of the prerogative of mercy is not such that it will encourage corruption or impunity of perpetrators.

“Mr Dariye and Mr Nyame should have been allowed to complete their jail terms. The exercise of the presidential pardon in their cases would seem to be unfair and undeserving.

The investigation and prosecution of the corruption cases involving the pardoned former governors Dariye and Nyame reportedly cost over N300 millions of taxpayers’ money. The cases went from the High Court to the Supreme Court of Nigeria.

“The constitutional power of prerogative of mercy ought not to be an instrument of impunity.”