By: Abdull-Azeez Ahmed Kadir.
The recent release of the list of beneficiaries of President Bola Ahmed Tinubu’s clemency and prerogative of mercy has generated and still generating lot of heats. For a starter, the President in line with the 1999 constitution as amended, has every right to so act. So why the hoopla, you may ask?
President Tinubu’s act is not the first. Most recently, President Goodluck Jonathan and his successor President Muhammadu Buhari carried out similar acts. Both also had public backlashes, but unequal to President Tinubu’s.
For President Jonathan, it was the name of his principal and convicted former governor of Bayelsa State Diprieye Solomon Peter (DSP) Alamasiegha that irked the public. For President Buhari, it was the names of the duo of Reverend Jolly Nyame and Joshua Chibi Dariye; former Governors of Taraba and Plateau States respectively that the public found confounding.
For President Tinubu, if the list had ended with the likes of Herbert Macaulay, General Mamman Vatsa, the Ogoni 9 and 4, Farouk Lawan and Maryam Sanda, maybe, and maybe the last two names would have been what would have irked the public. Even at that, Lawan had served out his terms. But to have Murderers, hardened and convicted drug peddlers, armed dealers on the list, is beyond comprehension, at least as far as ethical, moral compass and the gauge of the nation in terms of corruption and insecurity is concerned.
To repeat, President Tinubu’s action is in tandem with laws of the land. But what begs for answers are the ethical standards in tempering justice with mercy, crime versus punishment, justiciable acts versus peace, accountability versus transparency, right versus trust, compassion versus indulgence, might versus right. While the President has the privileged right to the formers of the sets, hold in trust for millions of Nigerians, how he utilised the later of the twin sets, positions him on the strata of moral, ethical and governance lane.
Of course, the President might have relied on and had confidence in the Advisory Committee of the Prerogative of Mercy led by the Attorney General and Minister of Justice Lateef Fagbemi SAN, but the buck stops on his table.
The Attorney General and Minister of Justice might have also relied on his committee members without as much as any layer of scrutiny on his part, nor on the part of the President before presenting it to the Council of State which is just advisory and mere formality and assenting his signature to it.
Coming from private practice, the Attorney General and Minister of Justice though an outstanding legal practitioner, some are casting aspersions on the pardon of some beneficiaries on the list as transactional clemency and contractual mercy. This may not be true though.
Of concern is the drug lords and arm dealers on the list. Some have less years to serve out their convictions. It beggars the question the hurry to let them loose on the society so early.
Again, considering the damage substance abuse and arm dealings as well insurgency has wrecked and still wrecking on most part of Nigeria, especially Northern Nigeria where insecurity in all ramifications is linked to these acts, the efforts of security and intelligence agencies in combating these menace, the clemency and pardon seems mockery of those who paid the supreme price, nursing lifelong injury and their families.
As for the husband slayer Maryam Sanda, I had argued before now that killing her wasn’t a good means to an end, considering the two children between her and the late husband, Bilyaminu. But I also put forth the Islamic principles of life for life, blood money and forgiveness between her and the family of her slayed husband.
It is not for nothing that alternative dispute resolution is encouraged in a society like ours. The two sides would have had amicable resolution after reaching a common ground. But to have unilaterally pardoned a convicted murderer without recourse to the feelings of the victims immediate family, smacks of mockery.
The excuse that the large list was meant to decongest the Custodial centres barely holds water. There are thousands of awaiting trial inmates who have spent years behind bars, and thousands more with as little as five thousand naira to be paid to regain their freedom.
One feels if Nnamdi Kanu had known, he would have agreed to speeding up his trial and even if convicted, ended up being on that list. Never mind the destructions and lives lost due to his actions and pronouncement that put us all in this “zoo”.
Same with the infamous self confessed dollar billionaire kidnap kingpin Onwuamadike Chukwudumeme aka Evans. If the duo had not utilised delay tactics in their trial.
If the Boko Haram leader Shekau had known, he would have not died, but face trial, get convicted, turn to a remorseful missionary while serving term in custody preach Boko Halal, gain another degree in Islamic Jurisprudence from National Open University, learnt butchery of animal as against human beings. That would have been seen as remorseful enough, rehabilitated enough, empowered enough, turned a new leaf enough, and may have ended up on this list.
Presidential Media Handlers And Bile Servers.
Sadly, in trying to justify President Tinubu’s action, his media handlers ended up serving us very distasteful and poisonous bile. Political communication as well as public relations and crisis management is not for everyone. Many years on a beat or in the newsroom is no guarantee for such job. In fact, even many years in the classroom may not give you the wherewithal to professionally have the tact.
The comparison that President Bill Clinton pardoned his half brother Roger Clinton, a drug baron, President Joe Biden pardoned his son Hunter Biden a gun runner, and President Donald Trump pardoned his son-in-law Charles Kushner for corrupt practices, paints President Tinubu with the darkest brush. Are his media handlers asserting that the drug lords, arm dealers and other convicted criminals on that list are his “allies” one way or the other like Clinton, Biden and Trump?
Political communicators and media handlers need to be more circumspect. Sometimes, saying nothing is better than saying so much and ruin an act. It is like twisting a knife in a stabbed victim. It is akin to permanently blinding a partially sight-impaired person in the process of surgery to regain his sight.
Like late Justice Chukwudifu Oputa said, Justice is a three way traffic; Justice for the victim, Justice for the accused and justice for the society. In this scenario, considering the crimes of most of the pardoned, it seems to be one way traffic; justice for the accused. While the victims and the society reel in disbelief and agony.
Sheikh Usman Danfodio said conscience is an open wound, only truth can heal it. Truth must be told to power, especially when power erred. The same Danfodio said a nation can endure with unbelief, but not with injustice.
As the Attorney General and Minister of Justice Lateef Fagbemi SAN said the list is on for review, though this is a face saving act, one hopes the accused, the victims and the society will see justice to be done however controversial it may be at the end.
There has never been non controversial presidential pardon in the history of governance. But it should not smack of unethical, immoral, criminal, unaccountable, indulgence, public distrust like this one.
President Tinubu should gauge public feelings and be guided, and not weaponise a constitutional act meant to heal, unite, integrate and salvage. Otherwise, it will be; prerogative of mercy; choose your convict to forgive, period.
Abdull-Azeez Ahmed Kadir is a multimedia journalist and can be reached via azeeznews@gmail.com
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