Opinion
Legal, moral implications of granting pardon to ex- convicts, serving prisoners
By Chief Mike Ozekhome,
INTRODUCTION
Crimes are vices that should not be tolerated in any society. They are offences against the state and are punishable under the law. The essence of punishing people convicted of crimes is to serve the criminal just desert, make restitution to the victims and deter other people from engaging in criminal activities, amongst others.
Sometimes, the President and Governor of a state may decide to show the milk of human kindness to people already found guilty of crimes. This practice is, respectively, sanctioned by sections 175 and 212 of the Constitution of the Federal Republic of Nigeria, 1999, as altered. This practice is even Biblical. For example, Pontius Pilate wanted to grant pardon to Jesus Christ. But, when the mob protested, he released Barnabas instead of Jesus, and washed his hands off the baying at the blood of an innocent man already exonerated by him and King Herod, in preference of Barnabas who had been accused of treason and other heinous crimes (Mark 15:6). Pardon is an unusual show of kindness to people whom the State has already condemned for certain ignoble acts they committed.
Pardon is a loud statement. The meaning of the statement is determined by the context and circumstances of the act. For example, in a state where there is a high record of kidnapping and cyber fraud, showing mercy to people convicted of kidnapping and cyber fraud could be construed as State connivance, or an impetus for offenders to commit more of such crimes. Nigeria, for example, is rated the 149th out of 180 most corrupt countries in the world, and the second most corrupt country in West Africa, by Transparency International (TI), under its anti-Corruption Perception Index. Granting pardon to people convicted of corrupt practices, whether still serving or having served, may be construed as a tacit approval of such corrupt practices. This becomes more worrisome under a government which made fighting corruption one of its tripodal mantras.
MEANING OF PRESIDENTIAL PARDON
A pardon is an executive order granting clemency for a conviction. It may be granted “at any time” after the commission of the crime.
This right of pardon is granted to the Governor and the President, respectively, under sections 212(1) and 175(1) and (2) of the Constitution, and is legally available to all classes of convicts in Nigeria. It can be obtained by a convict who applies to a Governor or the President, as the case may be, for grant of the prerogative of mercy or pardon in his favour, either personally or through a Solicitor, or even through the prison authorities where he or she is incarcerated and is serving term of imprisonment.
For the purpose of exercising this power, section 153(1)(b) of the Constitution establishes the “Council of State,” which advises the President in the exercise of his prerogative of mercy. The council, as a government agency, is composed of high- heeled and distinguished Nigerians who are believed to be the have full complement of the country’s ethos.
Thus, although the President’s powers in this area are not subject to the strict approval of the Council of State, he cannot act unilaterally, whimsically, capriciously and arbitrarily. The usage of the word ‘shall’ in the phrase, “The President’s powers under paragraph (1) of this section shall be utilized by him after consultation with the Council of State”, demonstrates this. The exact legal force that the advice of the Council of State bears, i.e., whether it should be taken as limiting the President’s powers of pardon, or whether it is merely a courteous procedure to abide by, is a thorny issue amongst analysts. The President’s obligatory gazetting in the Official Public Notice of the Government of the Federation concludes the pardoning process. The President, including the Governor, by extant constitutional provisions, have no constraints or hurdles whatsoever on whom they can grant pardon to.
State pardon is therefore a discretionary power that must be utilized with utmost caution and must accord with the law. It must never be used as a tool of political patronage, nepotic purposes, monetary benefits, or for self-aggrandizement. It must be used in a fair and impartial manner, free of prejudices, bias and public disapproval. It must be strictly in accordance with the best interest of the nation, and the letter and spirit of the Constitution and the code of conduct applicable to all public officers in Nigeria.
THE LEGAL CONSEQUENCES OF THE GRANT OF A PRESIDENTIAL PARDON
The Legal effect of presidential pardon was expatiated upon in EX-PARTE GARLAND 71 U.S. 333 (1866) thus:
“The inquiry arises as to the effect of a pardon, and on this point the authorities concur. A pardon in the eye of the law, cleanses the offender and make him as innocent as if had never committed the offence”. Such a convict is like Naaman the leper who deeped himself in the River Jordan and became cleansed of his leprosy. In FALAE V OBASANJO (1999) 3 LLER 1(CA), the Court of Appeal held that a pardon relieves the person of all sins. Musdapher, JCA (as he then was) said:
“In my view, under Nigerian law there is no distinction between “pardon” and “a full pardon.” A pardon is an act of grace by the appropriate authority which mitigates or obliterates the punishment the law demands for the offence and restores the rights and the privileges on account of the offence. The effect of a pardon is to make the offender a new man, or novus homo, to acquit him of all corporal penalties and forfeitures annexed to the offence pardoned”.
In the same vein, the court in OKONGWU V STATE, (1986) 5 NWLR (Pt. 44) 721, held that a free pardon had the effect of erasing “all suffering, consequences, and punishments whatsoever that the said conviction may ensure, but not to wipe out the conviction itself” from the pardonee. Thus, even where the fines have been vacated, the conviction will forever remain on the record of the court. Thus, even if a person has been pardoned, he can still legally appeal his conviction.
This was why in OKONGWU V STATE (1986) 5 NWLR (Pt. 44) 721, it was held that a free pardon has the effect of blotting out “all suffering, consequences, and punishments whatsoever that the said conviction may ensure, but not to wipe out the conviction itself”.
The 1999 Constitution in sections 175 and 212, have made provisions for the grant of pardon, respite, or clemency to any person, either free, or subject to lawful conditions as may be determined by the President or the Governor, respectively. Such pardon could be for an indefinite or specified period. They could substitute a lesser form of punishment or remit the whole or any part of such punishment, or substitute a less severe form of punishment. While under section 175 (2), the President shall carry out such an exercise after consultation with the Council of State, the state Governor shall carry his out “after consultation with such advisory council of the State on prerogative of mercy as may be established by the law of the State”.
There is the more worrisome legal conundrum in the entire presidential pardon as it pertains to the two Governors. This is whether the president could have legally granted pardon to former Governors Joshua Dariye and Jolly Nyame of Plateau and Taraba States respectively, having regards to the fact that both men were convicted for offences allegedly committed between November 2000 and May 2007. The offences under which they were tried and convicted fall under State laws which took place after the promulgation of the1999 Constitution during which time they were Governors. Specifically, they were tried and convicted under sections 115,119 and 309 of the Penal Code Act, Cap 532, LFN, 1990, obviously an existing State law within the meaning, import and true purport of sections 315(1)(b) and 318 of the 1999 Constitution. This Act which became effective as a state law is applicable to the FCT and the Northern States. This Penal Code Act ,not being a federal legislation of the NASS, became an existing state law deemed duly enacted by the 19 Northern States by virtue of section 315(1)(b) of the 1999 Constitution. It becomes clear therefore that only the Governors of Plateau and Taraba States could have legally and rightly granted pardon to Dariye and Nyame,invoking section 212 of the Constitution; and not Mr President under section 175 of the Constitution.
The doctrine of separation of powers ably propounded in 1748 by Baron de Montesque and which is accorded constitutional imprimatur in sections 4,5 and 6 of the 1999 Constitution operate here. Should anyone challenge their pardon, an interesting constitutional issue would have been thrown up for constitutional pundits and legal analysts like yours sincerely. Let us now look at the moral implications.
THE MORAL IMPLICATIONS OF THE PRESIDENTIAL PARDON
The moral implications of granting pardon to people may send different messages and signals to different people. The messages could either be seen as genuine forgiveness, connivance, condonation, conspiracy, or impetus, etc.
There is this aphorism often credited to Benjamin Franklin, to the effect that “to err is human, to forgive is divine and to persist is devilish.” This saying is true. It is Biblical that all have sinned and come short of the glory of God. Jesus also admonished that if ‘we’ say that ‘we’ have no sin, ‘we’ make Him (Christ) a liar and the truth is not in us. In the case of a woman caught in the act of adultery brought to Jesus Christ for just determination, Christ demonstrated forgiveness by challenging the mob to first cast a stone at the woman if they had no sin. Shortly after the mob departed, Jesus forgave the woman and commanded her not to go back to her sinful lifestyle. Christ gave this woman who was about to be stoned to death a second chance to mend her ways.
Pardon is however an exercise that should be exercised sparingly after due consideration of the fuller implications and after full contrition and penance on the part of the offender. For example, during the military junta, some human rights activists were prosecuted unfairly and executed, some under retroactive laws. Such was the unforgettable grieving fate of the trio of Bartholomew Owoh (26), Lawal Akanni Ojulope (30) and Benard Ogedegbe (29), who were accused of drug peddling, but whose execution was sanctioned by Major General Muhammadu Buhari (rtd) as military ruler. This, notwithstanding the intervention the heart-rending pleas by Playwrites Wole Soyinka, Chinua Achebe and J.P Clarke. Granting pardon to people should be viewed by the society as a recognition of a cause worth celebrating, not offensive and fouling the air.
This brings us to the case of Senators Joshua Dariye and Jolly Nyame, both former Governors, who had been convicted and imprisoned for stealing billions of naira from the coffers of their state treasuries and thus impoverished the very people they were elected to govern. These individuals were the Chief Executives of their states. They had sworn oaths of office and allegiance to the Federal Republic of Nigeria and vowed that they would govern their states with utmost good faith. However, they betrayed their people by stealing from them. They breached the trust reposed in them. None of them admitted their guilt or wrongdoings until the courts found them guilty, up to the Supreme Court. As a matter of fact, Joshua Dariye was a sitting Senator when the Supreme Court affirmed the 10 year jail term earlier passed on him. What then is the basis for granting pardon to these individuals in a country where corruption is the bane and struts around imperiously like a peacock?
I had noted severally since 2013 (after my release from a 3 week horrific ordeal in the hands of kidnappers), that we must kill corruption which had become the 37th richest and most potent state in Nigeria, before it kills us. By granting pardon to these treasury looters, Buhari is reviving, nurturing and watering corruption with State powers.
When former Bayelsa State Governor, Diepreiye Alamieyeigha (DSP) whom I had defended throughout his State-sanctioned ordeal was granted pardon by former president Goodluck Ebele Jonathan, I wrote and justified it. I did so for the following reasons: DSP had fully served his term of imprisonment after his conviction. He had earlier been pardoned by late president Yar’Adua who later died before consummating the pardon, until Jonathan succeeded him under the “doctrine of necessity”. As noted by former Attorney General, Mohammed Bello Adoke, at page 62 in his 270 page book, titled ” The Burden of Service”, DSP had also shown contrition, remorse and repentance. He had also earlier been pardoned by Yar’Adua, though not gazetted before his death. DSP had also helped greatly in brokering the peace process that led to amnesty in the restive Niger Delta region that halted oil production. This in turn led to stability in the area and reduce pipeline vandalism, kidnapping of expatriates, and thus improved oil production which had plummeted to a state of nadir, leading to national ruckus and impoverishment. He had evidently demonstrated that he believed in one stable Nigeria.
Perhaps more significant is the fact that Alamieyeigha was gravely ill with life-threatening ailment, from which he later died barely 2 years after the pardon was granted him.DSP had thus earned the state pardon after the Council of State recommended approved it. The same cannot be said of these two Governors who were still serving their jail terms.
Thus, the act of granting amnesty or pardon though discretionary, this discretion must be exercised judiciously and in the best interest of the country, so as not to create doubts in and dampen the confidence of, the citizenry in the national moral fabric, and in the fight against corruption.
So, when the Council of State recently authorized the pardon of 159 convicts, including Senator Joshua Dariye of Plateau State and ex-Governor Jolly Nyame of Taraba State, who were both imprisoned for stealing N1.16 billion and N1.6 billion respectively, many Nigerians justifiably showed anger, because these two political leaders had been duly tried and convicted for stealing money belonging to their respective states. The courts in Nigeria were unanimous in their verdicts that they were corrupt and had corruptly enriched themselves while serving as governors of their respective states. They were still serving their sentences.
These men had betrayed the trust their people reposed in them by stealing money meant for the development of their respective states while serving as their chief executives.
Many Nigerians thus viewed the action of Mr president in granting them pardon as recommended by the Council of States, which is a body peopled mostly by friends and political benefactors or allies of the convicts, as an action taken in bad faith. This is more so that President Buhari had assumed office on the goodwill of the Nigerian people, largely fuelled by his avowed commitment to fight corruption in all its ramifications, to a standstill.
The purpose of criminal prosecution is to secure justice, not only for the accused, but also for the victims of crimes and the State; and to some extent get reparation and restitution for the victims, while deterring others from going the same route.
Where lies the justice for the impoverished people of Plateau and Taraba States who will now watch their tormentors stroll out with red carpet treatment?
The government budgets huge sums of money for the prosecution of such accused persons from the tax players’ sweat; and if after the rigorous period of trial and subsequent conviction, the guilty are simply let off the hook in such a brazen manner, the little remaining lean hope the citizens have in the system is further diminished.
I dare say that in these two instances, both the President and the Council of State goofed and abused their undoubted constitutional powers and privileges.
A constitutional issue as volatile as this could have been better managed if the minders of the president had told him the embarrassment this could cause the government in the estimation the comity of nations. And it is doing just that.
This brazen abuse of power will definitely ricochet and erode the confidence of our international partners in the fight against corruption. It will also dampen the morale of the agencies fighting corruption, such as EFCC, the Nigeria Police Force, and the ICPC, amongst others.
This singular ill-advised act of abuse of power will also definitely embolden political thieves and unrepentant pilferers of our national commonwealth. It shows that once you are a friend of the President or a member of his political party, or his acolyte and supporter, you can get away with any crime. In other words, in Nigeria, corruption surely pays!
With this action, the fight against corruption appears forlorn and a mirage. What is the essence of spending scarce resources in the name of fighting corruption if at the end of the day the convicts will be pardoned and stroll into their palatial homes in splendour in this ugly manner?
Granted that the constitution gives the President and the Governors the power of prerogative to pardon criminals in deserving circumstances, must it be done in the vulgar way and manner the instant case was handled?
In fairness to the president, not all the 159 convicts and ex-convicts granted presidential pardon are politicians. But, the most prominent of them are the two former Governors. That is what has led to the national rockus,bedlam and hoopla. This is because it could be argued ( and rightly too), that the main essence of the last meeting of the Council of State was to give imprimatur to, and grant pardon to the two political heavy weights, while making up the number with some insignificant lightweight ones, using garnished veneer and sleight of hand .
The president by so doing has certainly violated the provisions of the Constitution and his oaths of office and allegiance to defend the Constitution. This recent pardon, in my humble view, is the worst way to fight corruption. It will further water, nurture and elevate corruption to a fundamental objective and directive principle of State policy. It is so sad and counterproductive.
By Hamza Lamisi
No doubt that one of the expected big game Changers of the 10th National Assembly, particularly the Senate, is the emergence of a vocal voice who ran one of the country’s most persecuted election campaigns in Nigeria’s history. From the feminine gender in a male dominated political ecosystem to being transracial in a highly conservative District; a Christian in Muslim-saturated bargain table of stakeholders, from being single to inter-tribally married in a natively and culturally republic Ebira Land. Not only to contest in a struggling opposition party but to face the most ruthless Chief Security Officer of her State, from her District.
The odds were obviously too many but Senator Natasha Akpoti-Uduaghan upturned the guess – defeating the threatening ruling party and emerging the first female Senator Kogi State ever produced. She defined the turning point of Kogi Central’s representation in Nigeria’s bicameral Parliament. Unlike her colleagues from Kogi State who rode on the backing of the number one citizen of the State, Senator Natasha’s road to the red Chambers was never paved, it was a tough and rough journey of determination, persistence, unwavering dedication and commitment to a dream held in trust for the people.
She walked through the storms and she is shaped by the lessons – to remain bold, assertive, unbroken, unbeaten and unbowed by any circumstance, because only by struggle and perseverance freedom comes. Not unaware of the systemic dialogue, lobby and collaboration but Senator Natasha would not do so at the expense or in exchange of the People’s trust and mandate for which she swore oath to protect.
Stepping into the Senate as a survivor of election and litigation battles, and looking back to the unwavering support and uncommon trust of Kogi people and Nigerians by extension, notwithstanding already some months behind her fellow law makers, Senator Natasha was prepared to have the end justify the means. Barely 16 months from the very day of her swearing-in till date, Senator Natasha’s contributions and impact in the 10th Senate have left many wonder if she was a first time Senator or one elected from the minority opposition. Most popular and best performing member of the current National Assembly.
Just within one year in office, Senator Natasha Akpoti-Uduaghan lit 30 kilometers of road networks across Kogi Central with over 2,000 solar powered streetlights. Over 1,300 women and youth were trained and empowered by the law maker. Senator Natasha has supported the tuition fee of over 353 vulnerable indigenous students at tertiary institutions nationwide. She has faciliated federal employment opportunities for various graduates and facilitate capacity building trainings and empowerment for many others.
She brought a reliable supply of portable water to Kogi Central communities with 12 water reticulation projects with each being a massive 50,000-liter solar-powered motorized water system, which serves 300 locations and provides, 1,800 fetching taps.
To draw legislation closer to the grassroot, Senator Natasha engaged 100 constituency aides both men and women across the 57 wards in Kogi Central. She has distributed 12 trucks of grains, 10, 000 wrappers for women, 20,000 notebooks, 5,000 school bags and reconstructed and remodeled Abdul Aziz Attah Memorial College Okene (AAAMCO), Okene to smart school.
Within one year in office, Senator Natasha has attracted employments in both federal agencies and private organizations to over 30 graduates from her constituency.
Ihima community has been without police station for the past 7 years, Senator Natasha embarked on total reconstruction of Ihima Police Station which was commissioned by the Inspector-General of Police, Kayode Egbetokun.
Senator Natasha distributed 4 trucks of fertilizers totalling 2,400 bags of NPK and Urea fertilizers to Kogi Central farmers. Free Business CAC registration of 2,500 SMEs. She has empowered Kogi Central students from 12 selected tertiary institutions across Nigeria with multipurpose business cart and start up fund.
Commissioned six constituency offices in the five LGAs to make government closer to the people. Senator Natasha has sponsored two motions and two bills including the bill for the establishment of Nigeria Gold Reserve, the bill for the establishment of Ihima Federal Medical Centre, motion to investigate alleged corruption and inefficiency in Ajaokuta Company Ltd and National Iron Ore Mining Company, NIOMCO amongst other.
Senator Natasha has provided 5,000 digital learning devices to both public primary and secondary schools in Kogi Central.
For her magical achievements in office and accelerated development and impact her constituency has witnessed, Senator Natasha has received and even turned down several prestigious awards. She emerged Senator of the year 2024 which is her first year in office as Senator.
Achieving these feats in less than 16 months as a first time Senator and one from the minority party and from Kogi Central, one may wonder what could be the Achilles’ Heels of Senator Natasha Akpoti-Uduaghan in the 10th Senate and why the persecution by supposed colleagues in the Chambers. Is there a question of loyalty to individual rather than institution? Is it her performance record or her dedication to the business of legislation rather than playing the cheap political cards around the leadership of the Senate? Is it her idea of universal development of Nigeria rather than regional? After all, every Senator is of the Federal Republic Nigeria and should think and act so.
We may ask further; is anyone being threatened by her uncommon pace? Is there a question of envy or jealousy among her colleagues? Do they expect Senator Natasha to be one step behind, considering the enormity of the task on her shoulders as Senator from an already underrepresented District in the past? Is there a fear that Senator Natasha may reveal to Nigerians what is due to them from their representatives across boards? We may have more to ask than provide answers.
Meanwhile, Senator Natasha is a more than equal to the task of addressing the challenges that come with standing out in an uncommon manner. She is not one to be taught the difference between ‘diplomacy and cold slavery’ or ‘breach of rules and violation of right’. Nobody can silence her or box her to a corner of the Senate. Beyond her voice and impact over the years as an ordinary citizen, the people have been her greatest strength and she can only get more strengthed by any attempt to silence her.
Nigerians know how rare it is to have a NATASHA among the current crop of leaders and they are obviously making sure she is protected against bully, intimidation or harassment in the Senate. The dream is of the people, by the people and for the people, and so the mandate too.
By Professor Mike Ozekhome, SAN, CON, OFR, LL.D.
I have carefully read and listened to former Nigerian military president, General Ibrahim
Badamosi Babagida’s public remorse and regrets over the atrocious annulment of the June
12,1993 presidential elections. He did this 32 whopping years later. I want to very quickly say
that it takes a man with strong guts and balls and a man who has become repentant, born
again and has seen the face of God to publicly recant his earlier wrongful deeds and offer
public apology to the entire nation. This was no doubt meant to heal gapinng wounds and
balm wounded and bruised hearts.
The polls, the best, most transparent and credible elections, ever held in Nigeria till date,
were meant to end decades of military d The annulment threw Nigeria into turmoil and
widespread unreast, protests, maimings and killings. This forced Babagida to “step aside”;
the enthronenent of the Enest Shonekan’s Interim Government; and the arrest and detention
of Chief Moshood Abiola, the presumed winner who later died in Aso Villa in questionable
and suspicious circumstances. Of course, General Sani Abacha who was his second in
command later sacked Shonekan in a bloodless coup. For years, IBB prevaricated on the
annulment, claiming he did it in the best national interest. But on Thursday the 21st of
February, 2025,Babangida during the presentation of his memoirs, “A journey In Service”,
pointedly regretted in the public: “I regret June 12. I accept full responsibility for the
decisions taken and June 12 happened under my watch. Mistakes, missteps happened
in quick succession. That accident of history is most regrettable. The nation is entitled
to expect my expression of regret “. And wait for it:: he acknowledged for the first time that
Abiola won the elections fair and square, trouncing his major opponent, Alhaji Bashir Tofa.
I want to salute Babagida for having the courage and humility to own up like a man; that
everything that happened during the June 12 crisis took place under him as the head of state
and the president who was also the Commander-in-Chief of the Armed Forces of the Federal
Republic of Nigeria. I salute him for acknowledging that his government which actually
organised unarguably the freest, fairest and most credible elections in the electoral history
of Nigeria when it introduced option A4 from electoral books that were hithenlrto unknown
to Nigeria or to the world. But unfortunately, regrettably like he now admits, he again turned
around to annul the same elections in a way that was most bizarre, curious and unnatural.
To me, that he has come out to open up to doing something wrong and egregious to a
bleeding nation should be appreciated. I believe that Nigerians should forgive him because
to err is human and to forgive is divine ( Eph 4:32 ). I personally have now forgiven him
because I was also a victim of the June12 crisis. It threw up all manners of challenges to me
as a person, where in my very youthful age; in my thirties, I found myself marching on the
streets of Lagos every day- from Ikeja bus stop roundabout, to Ikorodu road; up to Tejuosho
market; from there to Ojuelegba, Surulere; to Mushin; to Shomolu and Igando, Alimosho.
Everyday, we were on the streets, protesting the mindless annulment. Some of us were killed
in process; some were lucky enough to escape abroad on self exile. But some of us- very few
indeed- refused to flee our dear country; we stayed back. We stared at the military eyeball to
eyeball. We challenge authority and spoke truth to power. We challenged impunity and
repression. I suffered several detentions across different detention centres. I virtually could
not find means of livelihood for my youthful family because I was profiled, my phones bugged
and no briefs were coming in. But I personally forgive him because it takes tons of guts to
make public confession of having erred and atone for same as he has now done.
It is confession that leads to penance and penance leads to restitution and then forgiveness.
If Babagida were to die today, I believe that he will see the face of God because he has prayed
God to forgive him; and he has prayed Nigerians to forgive him. Beyond that historic and
epochal mistake of the annulment of the June 12 election which constitutes his original sin,
let me place it on record that Babagida is one of the greatest presidents that Nigeria ever had
in terms of his ingenuity, rulership mantra; ideas for national resurgimento; ideas that
contributed greatly to nation-building. These were aside the IMF-induced loans and pills
which he introduced and which we again valiantly fought against successfully.
Babagida it was who gave birth to the Federal Capital Territory and laid the solid foundation for virtually everything you see there today. His government was peopled by intellectuals and
not by half illiterates and quacks. He recognized and used intellects. He was luminous and he built bridges of understanding, friendship and brotherhood across Nigeria. Nigerians,
please, accept IBB’s confession and forgive him his sin of annuling the June 12,1993
elections. Let the wounds heal; let the heart melt; and let the spirit of national triumphalism
prevail.
Festivals world over are the most popular forms of celebrations in human existence. Whether as religious, culture, sports, film, arts and other traditional practices, festivals are pivotal events that could involve millions of people in the case of the religion related across the globe annually or periodically. They are events that bring people together and are characterized with merriments, ceremonies, and a lot of other forms of fun and bonding.
Nigeria as a multi ethnic and diverse society with over 250 ethnic groups is enriched with various forms of festivals observed annually with those of religions most prominent with the celebrations by Muslims and Christians. Similarly, the traditional worshippers retain their own forms of festivals all depending on the tribes and the culture involved. Several among the religious and cultural festivals in Nigeria include Christmas the celebration of the birthday of Jesus Christ, the Easter that heralds lent and the resurrection of Jesus after death while Islam has Eid-el Kabir and Eid El-fitri which is breaking of Ramadan fasting. At the level of culture and tradition there other festivals that comes to mind that includes Argungu fishing festival in Kebbi state, the new yam festival predominantly among the Ibo speaking tribes, Durbar festival, Calabar Carnival, Osun festival, Ojude Oba festival, Igue festival among the Benin people of Edo state, Oro festival, Osun festival, Sango festival, Egungun festival all among the Yoruba people, New Yam festival, Eyo festival popular among the people of Lagos Island in Lagos state and so on.
Durbar Festival
The word Durbar is traced to Persian and is connected with the ceremony marking the installation of Queen Victoria as the Express of Colonial India in 1877 while the word have been pronounced and propounded as “darbar” with dar meaning door and bar meaning entry or audience in Hindi-Urdu. In Nigeria, Durbar is a treasured cultural horse riding and display festival majorly among the Hausa people of the northern Nigeria to mark the Islamic holidays of Eid-el- Fitri [end of Ramadan} and Eid-el-Adha [the feast of the lamb]. The over 400 years old practice is said to have been introduced by Sarki Muhammadu Rumfa of Kano in the late 14th century as military parade and display when horses were used in battles to defend and protect the Emirate and also the opportunity to pay homage and demonstrate loyalty to the emir. It is also part of demonstration to showcase the readiness of the palace troops for battles and to also celebrate important political events. Available information has it that the first major Durbar in the country took place on the 1st of January, 1900 as part of the celebration to mark the transition of the Royal Niger Company to an imperial Protectorate.
Also known as horse ride festival it is worthy of note that horses and to some extent camels played prominent roles in the growth and developments of the today prominent Nigeria cities like Kano, Katsina, Zaria, Sokoto and Bida. In the 14th century before the sojourn of Christopher Columbus, aside being used during conquest and in battlefields under the command of the Madawaki who leads cavalry of horsemen with their horses loaded with various weapons, horses were used mostly for commercial activities particularly the trans Sahara trade expansion with items like salt, gold and farm produces.
Ceremonies
The activities and ceremonies involves “Hawan sallah” in Hausa language {meaning Mount of Eid} which in essence connotes the mounting of horse during the Eid or sallah celebration. The ceremonies begin with prayers at Eid grounds followed with parade of the Emir and his entourage on horses followed with drummers and trumpeters with the movement ending at the Emir’s palace. The parade includes hundreds of beautifully decorated horses with nobles in their best clothes followed by musicians and magicians all in a long procession in distinctive turbans {Rawani} clearly indicating their nobility and social status through streets to pay homage to the Emir. Other special attractions particularly in Kano Durbar which is acclaimed to possess the biggest parade of colouful horses in the world, include the display by the “hyena man” who carries out street performance with trained animals like hyenas and baboons which create a lot of excitements and entertainment for the hundreds of crowd in attendance.
The procession of the strictly male event showcases participants dressed in flamboyant turbans and robes with modes indicating their royal linage. Kano Durbar for example is four day event that commences with Hawan sallah on the day of Eid followed by the day 2 and most popular for its entertainment and glamour Hawan Daushe for the special visitation of the Emir and his colourful entourage to his mother in her domain. The display of various entertainers including magicians, drummers, dancers, stunt men and masquerades attract and witness the attendance and spectators across the globe. The other two days are for Hawan Nassarawa and finally Hawan Doriya which are both continuous aspects for merriment during the festival.
The Emir’s return from his mother’s visitation on the day 2 {Hawan Daushe} is followed by The Jahi that sees the him and his entourage ride through various important historical quarters and families before returning to the palace. On arrival the Emir in a military manner takes position to receive salutes and traditional greetings from the cavalry of riders along with the various district heads, their families and entourage in order of hierarchy. This is followed by the demonstration of loyalty and gallantry by all the riders and spectators present. After the homage and performances, [The Jahi] the palace guards take positions and fire several gunshots to signal the closure and end of the day and most important aspect of the four day festival.
Durbar festival has become annual festival celebrated across cities Northern Muslim dominated cities of Nigeria like Kano, Katsina, Sokoto, Zaria and Bida and was extended to Ilorin in Kwara state during Eid el-fitri and Eid El-Adha. Generally speaking, the Durbar festival is not just the most population cultural heritage of the Hausa people of the northern Nigeria and major parts of Niger republic but it is festival that unite and bring the people together to celebrate their unique historical and cultural heritage.
Durbar festival recently has witnessed more activities like car racing and other fun fairs that attract sons and daughters of Hausa decent, visitors and tourist annually to places like Kano, Katsina and Zaria. The glamour, popularity and attractions of Durbar particularly the Kano Durbar festival over the years, led to the recognition of the festival as one of the Intangible Cultural Heritage of Humanity by the UNESCO in in December 17, 2024. This laudable and significant achievement in the nation’s cultural heritage exemplified the extent to which the festival has become popular to the people and the role it places towards unifying the people through their rich cultural heritage. During the presentation of the UNESCO certificate, by the Permanent Delegation of Nigeria to UNESCO to the Minister of Art, Culture, Tourism and Creative Economy Barr. Hannatu Musawa, opined that the great achievement does “not only celebrates the beauty and unity of the festival but also creates opportunities for the preservation and promotion of cultural heritage. The country’s representative at the UNESCO in addition stated that “Having the Kano Durbar on the UNESCO list is a huge milestone for Nigeria” while the Minister in her view remarked that “the recognitions bring both international prestige and tangible benefits to the local economy”.
In comparison, while Ujude Oba yet another similar festival of the Ijebu people of Ogun state in Western Nigeria, entails the participation of both male and female across various age groups as part of the big sallah [Eid-edha] celebration of the Muslim faithful. While both festivals identify or are associated with royalty, palace events and horse riding, durbar is strictly a male show and more of an horse riding festival while the practice is just an aspect of horse riding is just an aspect of Ojude Oba festival.
It is hope that the recent drive by the present administration leverages on the recent recognition of Durbar by the UNESCO to create more awareness through wider media coverage with a view of boosting general interest and tourist attractions which shall cascade or stimulate growth of the sector and also serve as source revenue to the governments across all levels.
Abdulkareem A. Ikharo.
Curator [NCMM].
Abuja.
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