Viewpoint

Still on presidential pardon (2)

THE  government’s position is supported by notable constitutional lawyers, Prof. Itse Sagay (SAN) and one-time Secretary of Education, Prof. Ben Nwabueze (SAN) as well as the Second Republic Attorney-General of the Federation and Minister of Justice, Chief Richard Akinjide (SAN), among others.

No matter the dimension of the supportive argument, one thing certain is that the decision may be legally correct, no doubt, but it is grossly morally bankrupt, deficient and totally unacceptable.

Over the years, several presidential pardons had been granted, including those approved by President Shehu Shagari for General Yakubu Gowon for his role in the coup that led to the death of General Murtala Mohammed and Col. Chukuwemeka Odumegwu Ojukwu for his role in the Nigerian Civil War.

Similarly, General Abdulsalami Abubakar granted a pardon to General Olusegun Obasanjo for his convictions for treason by the administration of the late General Sani Abacha.

More recently, President Olusegun Obasanjo granted a Presidential pardon to former Speaker of the House of Representatives, Alhaji Ibrahim Salisu Buhari, for his alleged forgery and perjury.

President Obasanjo also granted pardons to 13 individuals who were convicted alongside himself during the 1995 coup trial.

The twice deported Vaswani brothers – Sunil, Haresh and Maresh – were granted presidential pardon to return to Nigeria, after being allegedly deported illegally.

Other countries too have had their own story of the good, the bad and the ugly that makes people to ponder whether there is still the need to retain pardon in our statute books.

For instance, in the USA – where the country derives its federal constitution from – there have been a plethora of presidential pardons, including the famous ex-President Richard Nixon, who received a full and total pardon for all his crimes against his country by his successor, President Gerald Ford.

Just before leaving office, President Bill Clinton pardoned 140 individuals, including Marc Rich who was indicted for evading more than $48 million in taxes, and charged with 51 counts of tax fraud, as well as running illegal oil deals with Iran during the 1979-1980 hostage crises, while his partner, Pincus Green, was equally granted a pardon.

Bill Clinton’s half-brother, Roger Clinton, was granted a pardon for his conviction for cocaine possession by his brother.

Susan McDougal, Clinton’s former business partner during the infamous Whitewater deal, was granted a full pardon by the President for her 1996 convictions of mail fraud, aiding and abetting in misapplication of Small Business Investment Corporation funds, aiding and abetting in making false entries, and engaging in false statements.

Caspar W. Weinberger, Elliott Abrams, Duane R. Clarridge, Alan D. Fiers, Clair George, and Robert C. McFarlane – who were involved in the Iran-Contra scandal involving selling of arms to Iran and using the proceeds as well as drug money to support the contras in Nicaragua – were pardoned by President George W. Bush.

Armand Hammer was convicted of making illegal contributions to Richard Nixon’s presidential campaign and was pardoned by President Bush.

President Jimmy Carter was known to have pardoned anyone who fled the United States or failed to register in an attempt to avoid the Vietnam Draft.

Peter Yarrow was convicted for “taking immoral and improper liberties” with two minors who had come to his hotel room looking for an autograph, while G. Gordon Liddy was convicted of conspiracy, burglary, and illegal wire-tapping for the role he played in the Watergate scandal.

At the end, he only served four and a half years out of a 20-year sentence before his sentence was commuted by President Carter.

Mark Felt and Edward Miller were convicted of breaking into Vietnam protesters’ homes and offices without warrants during Nixon’s Presidency. These two former FBI agents were in the midst of appeals when they were pardoned by President Ronald Reagan.

Ira Gladding had been sentenced to 15 years in prison for mail robbery. He was given a pardon by President Ulysses S. Grant.

Michael Mullen was charged with election fraud and sentenced to one year in jail but was pardoned by President Grover Cleveland.

Charles W. Morse was convicted and sentenced to 15 years in a federal penitentiary for the “misapplication of bank funds to serve his own ends and falsification of books and reports”. He was pardoned by President William Howard Taft.

Oscar Collazo was convicted for the attempted murder of President Harry Truman. He was pardoned in 1979 by President Carter.

In all of these, the Nigerian president, may decide still against pardon – especially if such a move has or is likely to be counterproductive or have dire implications on the collective public morale, policy statements, corporate image or national agenda – like the case of Alamieyeseigha.

So far, the barrage of reasons advanced by the Presidency for the pardon has fallen short of logic, sound reasoning and common sense.

Mr.  ADEWALE KUPOLUYI wrote from theFederal Varsity of Agric., Abeokuta, Ogun State.