SERAP Sues Buhari, Wants Court to Declare Pardon for Dariye, Nyame Illegal

Udora Orizu in Abuja

The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari, asking the court to declare illegal and incompatible with the oath of office and public interest the recent pardon granted to former governors of Plateau State, Senator Joshua Dariye, and Taraba State, Rev. Jolly Nyame who are serving jail terms for corruption.

Dariye and Nyame were recently pardoned alongside 157 others convicted for various offences. The two men were investigated, prosecuted and convicted for stealing N1.16 billion and N1.6 billion respectively from their state treasuries, while they were in office between 1999 and 2007.

However, in the suit number FHC/L/CS/825/2022 filed last Friday, at the Federal High Court, Lagos, SERAP wants the court to determine whether the exercise of the power of prerogative of mercy to grant pardon to Dariye and Nyame was compatible with the public interest, the oath of office, and constitutional duty to combat corruption.

SERAP also sought  for an order setting aside the pardon granted to Dariye and Nyame in the public interest, and for the sake of the integrity, well-being and prosperity of Nigeria, and the country’s international obligations.
The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Opeyemi Owolabi, read in part: “The pardon power, if properly exercised, can help to protect citizens against possible miscarriage of justice.

Section 15(5) of the Nigerian Constitution of 1999 (as amended) provides that ‘The State shall abolish all corrupt practices and abuse of power. Article 26 of the UN Convention against Corruption to which Nigeria is a state party requires the government to ensure ‘effective, proportionate and dissuasive sanctions’ including criminal and non-criminal sanctions, in cases of grand corruption.

“Article 26 complements the more general requirement of article 30, paragraph 1, that sanctions must take into account the gravity of the corruption offences.
“The pardon for Mr Dariye and Mr Nyame is antithetical to the public interest, the requirements of the Nigerian Constitution, and the country’s international obligations including under the UN Convention against Corruption.

“The pardon also constitutes an interference in the exercise of judicial power. Because the pardon appears to be arbitrary, it undermines the authority and independence of the judiciary, and access to justice for victims of corruption.”