The Socio-Economic Rights and Accountability Project, (SERAP), has filed a lawsuit against President Muhammadu Buhari, asking the court to “declare as illegal, and incompatible with his 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”.
Recall that Dariye and Nyame were recently pardoned alongside 157 others convicted for various offences. The two were investigated, prosecuted and convicted for stealing N1.16 billion and N1.6 billion respectively from their State’s treasuries while they were in office between 1999 and 2007.
In the suit, filed last Friday at the Federal High Court, Lagos, SERAP is asking the court to determine “whether the exercise of the power of prerogative of mercy to grant pardon to the former governors is compatible with the public interest, the President’s oath of office and constitutional duty to combat corruption”.
The group is also asking the court for “an order setting aside the pardon granted to the ex-governors in the public interest, and for the sake of the integrity, well-being and prosperity of Nigeria, and the country’s international obligations”.
In the suit, filed on behalf by its lawyers Kolawole Oluwadare and Opeyemi Owolabi, SERAP is arguing that: “If the presidential pardon is not set aside, impunity for corruption will increase, and many influential politicians will continue to escape justice for their alleged crimes.”
According to it, “the pardon power ought not to be exercised to shield influential politicians and politically exposed persons from justice and accountability”.
SERAP is also asking the court for “an order directing and mandating President Buhari and future presidents to consider the public interest, the requirements of an oath of office, and constitutional duty to combat corruption in any future exercise of the pardon power.
Joined in the suit as Defendant is the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, (SAN).
No date has been fixed for the hearing of the suit.
