Jesus Christ told the Pharisees in many words that he was the divine Son of God. But the psychiatrist in the town then might have pinned such statements down to a “severe and delusional ranting of a disgruntled carpenter” or to ‘psychogenic amnesia’. Then Jesus went a step further, he began to forgive sins; then they killed him. Much to their disappointment though, he did not stay dead – but that is another chapter. Consider these 3 related questions to start with: when a person is pardoned by the State posthumously, who benefits from the pardon? When a living person is pardoned by the State, who benefits? Could a person be pardoned twice for the same offence?
The history of the State as social organism reminds us of the days when the State and the Church were one. In those days, breaking the law of the state was sin before the God of the Church and conversely, some sins were also criminal. Slowly the Church and the State parted ways until the State became secular (well, Nigeria is a hybrid exception). Today, one of the few remaining vestiges of the once religious State is its power to forgive sins. This could be by way of freeing prisoners to mark important events or granting state pardon to those who have been convicted – as a reminder of who has power.
Recently, Nigeria’s President Goodluck Jonathan granted ‘selective state pardon’ (according to Diya) to 8 Nigerians convicted at different times for different offences. Of the 8, 4 were soldiers of whom 3 are being pardoned for plotting coups to remove Nigeria’s military heads of state (who came to office also by means of coups). One of the pardoned, General Oladipo Diya has been vocal in stating his innocence and many believe that not only was Diya innocent, but also that there was no coup plot in 1997 for him to have participated in. Today, many believe that some of the coups in Nigeria’s history were mere ‘phantom coups’. Real or phantom, many have lost lives, livelihood, and relationships as well as living with stigma on account of participation in coups. Today, we pay tribute to the memories of Major General Mamman Vatsa and Wing Commander B. E. N. Ekele among many others.
In my view, what the State owes to alleged coupists like General Diya is not pardon. It is to return to these cases (judicial review) to determine if really crimes were committed as alleged. If so, was the punishment meted out by the State commensurate to the crimes committed? Should it be determined that crimes were not committed or that the punishments were as harsh as “killing a fly with a panga”; then the State must own up and make restitution. Where is the use granting pardon to a man who is innocent?
The most famous of the recently pardoned gentlemen is Diepreye Alamieyeseigha, former Governor of Bayelsa State. Until December 2005, Alams – as he is [not so fondly] called was the boss to President Jonathan who was then his Deputy. Jonathan went on to become Governor, Vice President and President after Alams was impeached, arrested, tried and convicted for financial crimes. It appears Alams is still wanted in the UK for jumping bail (at least) even if he is today a ‘Saint of the Federal Republic of Nigeria’. Also pardoned was Alhaji Shettima Bulama, former Managing Director of Bank of the North who was found to have dipped his hands so deep into customer deposits in the bank.
Consider the pending case of Dr A. A. Maina who is alleged to have siphoned billions of Naira out of the public pensions. While Maina himself has vanished into thin air, a host of associates (lawyers, ‘media consultant’, etc) have stepped forward to speak about how Maina has been misrepresented. Lawal Farouk is alleged to have demanded a $3 million dollars bribe and received $620,000 advance. Although he has made symbolic appearances in court and was remanded in prison, the worst that has happened to him is that he was recently removed from chairing the parliamentary committee on education.
There is also Joshua Dariye who is presently the Senator representing my hometown in Senate. The case of corruption against Dariye in 2004 when he was Plateau State Governor was thought to be so strong and convincing that a hastily orchestrated impeachment was conducted against him. By the time the loot recovered from Dariye after he jumped bail in the UK was returned to the EFCC, Dariye went public to say something like “I had more money then than what you have returned!” To date, though Dariye is said to be on trial for looting some $9 million from Plateau State, he remains an innocent man (until otherwise proven in the courts) and has gone on from a fugitive ex-Governor to a stately Senator. Transformation.
The recent pardon of Diepreye Alamieyeseigha has angered many Nigerians including friends of mine – a group of young Nigerians who recently called for review of the constitution. The presumption of innocence until guilt is proven is well respected in Nigeria. Which is why many traditional rulers and some universities often seek out ‘innocent’ Nigerians living beyond their means and reward them with chieftaincy titles and ‘honourary degrees’ respectively. On the other hand, once convicted of crime, a Nigerian is expected to remain convicted forever. There is no life, no moving on on the other side of conviction – at least that was the theory until the Bode George changed everything. But for the masses – the nameless Nigerians whose crimes the State is not considering to pardon anytime soon; death begins when one is arrested and hell begins upon conviction; in-between those is purgatory.
Young people more than others are scarred by conviction. They are often not given any chance to live reformed lives. Those of them who make the successful break from crime often have to turn to working ‘in the Lord’s Vineyard’ – it is only the Good Lord who forgives and has use for ex-cons. Or they would have to relocate to other parts of the country and try their hands on ‘business’; but so many of them don’t bother quitting crime. We also know that the majority of persons inside prisons are awaiting trial. If one is accused of stealing a goat and has to wait for many years for his/her innocence to be proven; it might seem a fair bargain to ‘own up’ and receive a 5 month sentence or a fine. Who cares about your innocence if you are in jail (awaiting trial) anyways? Those who sit out the ordeal of waiting for justice soon find out upon acquittal that they will still arrive home to the stigma of being in prison.
Recently, there have been many calls for ‘amnesty’ to be granted to members of Boko Haram, including from the House of Representatives but the loudest of those calls came from the Sultan of Sokoto. I should tell you that the Sultan, the leader of the Muslims in Nigeria is not a usual recipient of critique; but he got a lot when he called for this amnesty. The call for amnesty for different groups has been re-echoing in Nigeria since President Yar Adua used amnesty to convince thousands of militants in the Niger Delta to lay down their arms. The said militants have since been smiling to the bank.
For me, the call for amnesty is usually a call for mercy. Amnesty says “I have you pinned to the floor and my gun is aimed at your head; but I will not shoot. Instead I will grant you mercy and help you up to your feet, dust your back and we walk home together”; the sort of thing that ended the Nigerian civil war. While the effort of the security forces of Nigeria to contain the Boko Haram terror machine has been a courageous and unrelenting one; terrorism in Nigeria does not seem to be nearing a military defeat. Bombings have continued, hostages have been taken and murdered (pictures uploaded to the internet). Still yet, Ansaru has appeared as an alternate system for venting out terror should Boko Haram be defeated or otherwise urged away from the path of violence.
For the recently pardoned soldiers, it is surprising that a select 2 persons out of a group of 11 alleged offenders are pardoned. General Diya and General Adisa were sentenced to death along with 4 others while 5 others received jail sentences. Today, Adisa is dead; Diya walks as a pardoned man. How will his ‘co-conspirators’ take news of his pardon? Diya himself has recently called for pardon to be extended to others convicted for the same offence, otherwise it is questionable and “it will become a selective state pardon”.
It must be tough being President – perhaps as tough as being Jesus; perhaps this is what some ‘mischief makers’ mean of when they refer to a certain ‘Jesus of Otuoke’. In a nation with so many sins and so many sinners, the pleas for pardon and forgiveness directed to Aso Rock must be deafening. Now Orji Uzor Kalu is calling for pardon for drug traffickers executed in 1985 and Diya is calling for pardon for his ‘co-conspirators’. Perhaps to err is actually Nigerian; but the divine privilege to forgive is Presidential.
The chants for pardon will ring louder in the days ahead. Many in need of pardon would watch keenly; but would-be offenders are also watching. It is up to the president to forgive sins while preventing the lure of sin and without jeopardizing justice and equity. Ensuring adherence to rule of law and preventing impunity must be the overriding priority; the grant of clemency, pardon, forgiveness and other such divine graces should not derail from this.
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Daniel Nengak
Nengak Daniel Gondyi is presently a post-graduate student in International Migration and Ethnic Relations at Malmö Högskola inSweden. He is also a Senior Programme Officer of the Abuja based Centre for Democracy and Development, CDD. He holds a Bachelors’ in International Studies from the Ahmadu Bello University. Read his full profile here.
