The human rights lawyer, Femi Falana, says the statutory power of the Nigerian president to pardon convicts does not include persons jailed for corrupt practices.
Mr Falana said Nigeria’s development had been stunted by corruption.
He spoke on Tuesday at an event tagged: 29th Anti-Corruption Situation Room in Abuja.
The event, which was organised by the Human and Environmental Development Agenda (HEDA) Resource Centre, had anti-graft activists from across the country in attendance.
In his keynote speech focussing on a presidential pardon for corrupt politicians, Mr Falana faulted President Muhammadu Buhari’s pardon of two former governors who were jailed for corrupt acts.
In April 2022, Mr Buhari pardoned Jolly Nyame and Joshua Dariye – former governors of Taraba and Plateau states, respectively.
Messrs Nyame and Dariye were convicted of stealing billions of naira from their states. Their conviction had been affirmed by the Supreme Court and they were still serving their jail time when Mr Buhari granted them a pardon last year.
Speaking further, Mr Falana cited Section 175 of the Constitution which empowers the president to grant clemency to persons convicted of federal offences.
But he argued, “Even though the president has the power to grant pardon, it cannot be extended to people who have been convicted of corruption.”
Referencing the case of the Attorney General of Ondo State and Attorney General of the Federation, Mr Falana drew his audience’s attention to the Nigerian Supreme Court’s comment on why financial malfeasance must be fought to a standstill.
“The Supreme Court made a comment that corruption had become a cankerworm in Nigeria and all hands must be on deck to exterminate it.”
He noted that money meant for fixing public facilities “is being criminally diverted.”
Mr Falana, a constitutional lawyer, decried the abuse of the power of the Attorney-General of the Federation (AGF) to discontinue a criminal case in the public interest.
He said the AGF, exercising his power under Section 174 (3) of the constitution, may take over a case to continue or discontinue it in the public interest.
“So, it cannot be in the public interest to terminate the case of a man who has stolen money meant for the development of the country,” he said to the cheering of his audience.
Citing the case of Danjuma Goje, a former governor of Gombe State and current senator, whom the AGF, Abubakar Malami, discontinued his N25 billion corruption trial in 2019, Mr Falana said that was unacceptable.
He urged judges to aim at substantial justice rather than giving in to technicalities in striking out corruption suits.
“A judge is supposed to look at the justice of a case, and not strike them out on technical grounds.”
He contended that the government’s corruption fight “is a class matter.”
Drawing comparisons, Mr Falana said ordinary Nigerians were being jailed and sentenced to death for armed robbery, while “the rich who have been mistakenly jailed and imprisoned by the system are being pardoned.”
Recalling an old law – Recovery of Property Act – enacted by Mr Buhari when he was military head of state, Mr Falana said the law prescribes that “anybody who steals more than N1 million shall be sentenced to life imprisonment, not five years.
“But that law is not being applied and will not be applied because fighting corruption is a class matter.”
Duties of anti-corruption activists
The lawyer advised anti-graft campaigners to be involved in monitoring corruption cases in courts.
“Non-governmental organisations should engage the services of lawyers to hold a ‘watching brief’ in those cases. If you do, judges will be more circumspect.”
Mr Falana said effective monitoring of corruption suits would ensure proper prosecution and adjudication.
In a welcome address, Olanrewaju Suraj, Chairman of HEDA Resource Centre, said fighting corruption was not restricted to law enforcement agencies alone.
“It requires the efforts of citizens and the media engaging with the process and monitoring implementation.
“Citizens need to monitor, evaluate the implementation of anti-corruption laws,” Mr Suraj advised.
He said corruption was worse at the subnational levels, calling on CSOs to beam their searchlights on “atrocities being perpetrated by state governors.”
The event was chaired by Sadiq Radda, a professor and Secretary of the Presidential Advisory Committee Against Corruption (PACAC).
It was attended by Kole Shettima of the MacArthur Foundation and a representative of the Chairman of the Economic and Financial Crimes Commission (EFCC), Hadiza Gamawa, amongst other dignitaries.