By Udo Jude Ilo

“The criminal code of every country partakes so much of necessary severity, that without an easy access to exceptions in favor of unfortunate guilt, justice would wear a countenance too sanguinary and cruel.

As the sense of responsibility is always strongest, in proportion as it is undivided, it may be inferred that a single man would be most ready to attend to the force of those motives which might plead for a mitigation of the rigor of the law, and least apt to yield to considerations which were calculated to shelter a fit object of its vengeance. The reflection that the fate of a fellow-creature depended on his sole fiat, would naturally inspire scrupulousness and caution;” …..Alexander Hamilton, The Federalist #74, March 25, 1788

In one of the most embarrassing acts of ill advised ‘self immolation’, President Jonathan on Tuesday, March 12 granted presidential pardon to Chief DSP Alamieyeseigha. The President purported to be acting within his powers under section 175 of the 1999 Constitution as amended which grants the president power to grant pardon to individuals convicted by any law made by the National Assembly. On legal grounds and going by the conventions around the world, the Presidential power of pardon is discretionary.

The Constitution under section 175 did not even require him to provide a reason. However, the exercise of discretion speaks more to the moral authority of the President than his legal authority. In granting discretionary powers to elected officers, the Constitution is not only imposing a grave obligation on them but also calling on their sense of responsibility to help give meaning to the intendment of the constitution as a document designed to ensure rule of law, democracy and the moral integrity of the state. By the exercise of this power by President Jonathan, he has destroyed the moral foundations of this presidency and undermined the sanctity of his office.

It is not enough to follow the law to the letters. If the constitution intended a zombie-like fidelity to the constitution without the human interpretation of the spirit of the Constitution, then the constitution can as well be a computer program that brooks no allowance for human ‘creativity’. Exercise of power under the Constitution answers to three
gods. The god of public good, the god of the letters of the constitution and the god of morality from whence power drives legitimacy and credibility.

The defects of this pardon lies not just in its abysmal moral contradictions but also in its inadequacies on legal and conventional grounds. On conventional grounds, after examining the practices around the world democracies and dictatorships, pardons are granted to – cure the defect of judicial process; promote public good; promote repentance by acknowledging extra-ordinary act of penitence by a convict; ensure national security and promote reconciliation.

These lists are not exhaustive but are rather indicative of the altruistic nature of the exercise of presidential pardon powers. Under the current presidential pardon, none of the above is captured by this act extended to Alamieyeseigha On the legal front, it becomes more problematic.

Alamieyeseigha is an international fugitive with an international arrest warrant hanging over him having jumped bail in the United Kingdom. He also has charges of money laundering against his person in the United Kingdom and the United States. These realities are peculiar circumstances and carries with it serious legal implications. How then can the President justify extending pardon to an international fugitive?