Sep 21, 2021

Mawazo Writing Africa

Writing about the main

Explainer: Does Buhari Have the Power to Pardon Former Plateau Governor Joshua Dariye?

A few days ago a group from the north called the “Movement for a New Arewa” pushed President Muhammadu Buhari, former Plateau State Governor Joshua Dariye,

The group said that Dariye, like Dariye, must be released from prison to participate in the peacebuilding process if the north is to return to its former glory .

The development sparked violent reactions from Nigerians who condemned the group’s request.

Nathaniel Umar, a Facebook -Users, said:

“This is how we legitimize crime. Our leaders, who have no compassion for the masses, steal from the masses and when justice is done to them we take out our pity bags to beg for them How do you want others to learn from them? “

An an their Facebook user, Itamakinde Akinyele, asked an important question that made this report necessary.

Aki nyele asked:

“Does he have the power to to release him? If so, for what reason? “

Does President Buhari have the power to pardon Dariye? Before answering the question, it is important to briefly review Dariye’s crimes remember.

Joshua Dariye, former governor of Plateau

Joshua Dariye ruled the state of Plateau between 1997 and 2007. He was elected Senator in 2015, the Plateau Central represents in the Nigerian Senate.

In 2018, a supreme court in the federal capital territory sentenced Abuja Dariye to 14 years in prison for criminal embezzlement and two years in prison for criminal embezzlement.

He is said to have plundered N2 billion in public funds during his time as governor of the plateau.

The former governor, however, appealed against the verdict and received a shortening of the prison sentence to 10 years.

Not t satisfied with the appeals court ruling, Dariye took the case to the Supreme Court. This means that the former governor will have to serve 10 years in prison.

After serving about three years out of prison, the Movement for a New Arewa now wants to that President Buhari got him out of jail.

Does President Buhari have the power?

Section 175 of the Nigerian Constitution (1999) authorizes the President to pardon those convicted .

Pursuant to Section 175 (1), the President may:

“(a) grant any person affected by a crime caused by a law or the National Assembly was sentenced to a pardon, either free of charge or under lawful conditions;

(b) granting any person indefinite or temporary postponement of the execution of sentences imposed on that person for such an offense; < / blockquote>

(c) a less severe penalty for each penalty that the replace the person imposed for such an offense; or

(d) all or part of the penalty imposed on that person for such an offense, or any other penalty or forfeiture due to the state for such an offense. “

Even so, Section 175 (2) stated that the President can only exercise power after consulting the State Council.

Hence the Nigerian President constitutionally empowered to pardon convicts, including ex-Governor Dariye.

Flashback: Jonathan’s pardon from the president

To give a brief historical reference: In 2013, former President Goodluck Jonathan pardoned former Bayelsa State Governor Diepreye Alamieyeseigha, who was “guilty of stealing millions of dollars.”

Though the former president exercising his constitutional power aroused the Begnadi caused public outrage and remained “one of the most controversial decisions of the Jonathan government.”

Reacting At the time, Nuhu Ribadu, Nigeria’s former anti-corruption chief, said the pardon was “the last nail” in the coffin for the fight against corruption in the country, reported BBC News at the time, citing the Associated Press news agency.

Although The Constitution gives Buhari the power to pardon Dariy, this will deal a heavy blow not only to efforts to curb corruption in Nigeria, but also to the celebrated integrity of the President and the fortunes of the ruling All Progressives Congress (APC), especially since itself the nation is approaching the 2023 general election.