On Questioning, Speculating & Critical Analysis of the Moral Evil & Constitutional Ridicule in Granting Pardon to Corrupt Politicians

Abstract

The grant of state pardon under the prerogative of mercy is the exclusive preserve of the Presidents and Governors which is intended to utilised for the good of the nation. The grant of pardon under the prerogative of mercy is an act of dispensing the mercy of the government by the ultimate authority for public good. Unfortunately, it has become the ritual in Nigerian for our leaders to use same to free their political accomplices, friends and associates being tried or convicted of corruption charges and looting public treasury, forgetful that the attendant effect of their stealing the commonwealth adversely impacts Nigeria’s economic development. This practice gained significant traction under military President Ibrahim Badamasi Babangida, who freed all the politicians that were tried and convicted by the Generals Buhari/Idiagbon administration and General Gowon for corruption and looting of public treasury, perhaps to gain political legitimacy. It is the position of this paper that the use of the prerogative of mercy to grant State Pardon to corrupt politicians is a great disservice to Nigeria and Nigerians. We see it as a contradiction, an unholy endorsement of impunity and criminal looting of our commonwealth, a betrayal of trust and a breach of the sacred doctrine of separation of power. This is why we applaud and support Lateef Fagbemi, SAN, the Learned Attorney General of the Federation (AGF) for mooting the President Tinubu Government’s intention to amend the provisions of the 1999 Constitution on the prerogative of mercy to exclude all cases involving corruption. We agree with him that corruption by politicians had done immense havoc to Nigeria, and like armed robbery, kidnapping, assassinations, terrorism and such like criminal activities. Wanton embezzlement, looting and fraudulent misappropriation of public revenues is responsible for the poor state of facilities, public utilities, unemployment, poverty and the demise of millions of Nigerians. State pardon worsens the destruction and desecration of our values, it is self-contradictory and an endorsement of criminality and furtherance of such acts of corruption. We suggest that it is only morally reasonable to halt this ugly descent into the abyss of moral decadence, and remove the protection accorded these criminal under the Constitution.