USA Africa Dialogue Series - Re: NigerianID | On the Matter of Presidential Prerogative of Mercy, Pardon and Remission, etc.

Rolling Yeye:

My error...to your question:

2. Do such pardons impact the fight against fraud? 

I should have confined my response to:

They do..... most probably negatively, which is what we must avoid, unless a serious miscarriage of justice has been determined.


And there you have it.

Bolaji Aluko

On Thu, Mar 28, 2013 at 7:18 PM, Yeye Rolling <yeyerolling@yahoo.com> wrote:

The Asode(watchman)Fraud of Otueke:

I appreciate these comments.  But I beg to differ that granting pardons for any convicted civil servant in Nigeria given the current state of corruption advances the fight against thieving.  Regardless of any Code of Conduct schedule exemptions, a non-pardon moral clause ought to be Nigeria's underlying moral principle.     

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From: Mobolaji Aluko <alukome@gmail.com>
To: Yeye Rolling <yeyerolling@yahoo.com>
Cc: NaijaPolitics e-Group <NaijaPolitics@yahoogroups.com>; "nigerianid@yahoogroups.com" <nigerianID@yahoogroups.com>; OmoOdua <OmoOdua@yahoogroups.com>; naijaintellects <naijaintellects@googlegroups.com>; Ra'ayi <Raayiriga@yahoogroups.com>; Yan Arewa <YanArewa@yahoogroups.com>; USAAfrica Dialogue <USAAfricaDialogue@googlegroups.com>
Sent: Thursday, March 28, 2013 12:29 PM
Subject: NigerianID | On the Matter of Presidential Prerogative of Mercy, Pardon and Remission, etc.

 

Rolling Yeye:

You asked:

1.  What is your view on the Presidential pardons?   

They are legal. Please see 1999 Constitution,   http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm 

    (A) Section 175 on presidential prerogative of mercy (p of m), pardons and remissions

    (B) Section 212 (2) on gubernatorial p of m

    (C) Section 235 on Supreme Court ouster clause from appeal against granting of pardon

    (D) Third Schedule Part I (B)(6) (a)(ii) on Council of State's role in granting p of m.

    (E) Fifth Schedule Part I (18) (7) on ouster clause disallowing p of m when it comes to Code of Conduct 

        Bureau-imposed offence

2. Do such pardons impact the fight against fraud? 

They do, both positively - which is what we want -  and negatively, which is what we must avoid.  In fact, if an offence would have been punishable under a Code of Conduct schedule, but for some reason a particular offender is not so punished but under another schedule, then the SPIRIT  if not the LETTER of the ouster clause referred to Fifth Schedule Part I (18) (7) above not to grant pardon should be maintained.

That is my opinion - without regard to a PARTICULAR recent or long-past pardon or the other -  and I am sticking with it.

There you have it.

 

Bolaji Aluko

PS:  For the avoidance of doubt, here is the relevant CCB section in the Constitution:

QUOTE

18. (1) Where the Code of Conduct Tribunal finds a public officer guilty of contravention of any of the provisions of this Code it shall impose upon that officer any of the punishments specified under sub-paragraph (2) of this paragraph and such other punishment as may be prescribed by the National Assembly.

(2) The punishment which the Code of Conduct Tribunal may impose shall include any of the following -

(a) vacation of office or seat in any legislative house, as the case may be;

(b) disqualification from membership of a legislative house and from the holding of any public office for a period not exceeding ten years; and

(c) seizure and forfeiture to the State of any property acquired in abuse or corruption of office.

(3) The sanctions mentioned in sub-paragraph (2) hereof shall be without prejudice to the penalties that may be imposed by any law where the conduct is also a criminal offence.

(4) Where the Code of Conduct Tribunal gives a decision as to whether or not a person is guilty of a contravention of any of the provisions of this Code, an appeal shall lie as of right from such decision or from any punishment imposed on such person to the Court of Appeal at the instance of any party to the proceedings.

(5) Any right of appeal to the Court of Appeal from the decisions of the Code of Conduct Tribunal conferred by sub-paragraph (4) hereof shall be exercised in accordance with the provisions of an Act of the National Assembly and rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal.

(6) Nothing in this paragraph shall prejudice the prosecution of a public officer punished under this paragraph or preclude such officer from being prosecuted or punished for an offence in a court of law.

(7) The provisions of this Constitution relating to prerogative of mercy shall not apply to any punishment imposed in accordance with the provisions of this paragraph.

UNQUOTE

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