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Legal, moral implications of granting pardon to ex- convicts, serving prisoners

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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.

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Opinion

The Hypocrisy of Power Game Between The North and South: The Time To Talk Is Now

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The leadership of the Yoruba Council Worldwide (Igbimo Apapo Yoruba Lagbaye); the apex umbrella body for all Yoruba indigenous people globally is highly concerned about the recent devastating effects of the Northern quests and aggressive desperation for power ahead of 2027 or through any other irrational means before the ripe of time.

We are seriously concerned to witness all manners of unprecedented barrage of fireworks of incendiary rhetoric issued from different Northern elites as emanated from Prof Ango Abdullahi of the Northern Elders Forum seeking to call for an end of Nigeria based on the 100 years expiration of 1914 treaty after 10 years which lapsed in 2014.

To Alhaji Rabiu Musa Kwankanso’s crudity, unverified lies and tale of discords against the South: “Lagos colonising the North”, was his biased statements!

Hence, we must expressly express our dismay and disappointed on such insensitive rhetoric and by that laconically detest such an unflattering statement from chieftain of the New Nigeria Peoples Party (NNPP), Senator Rabiu Musa Kwankwaso, for intentionally misinforming and misleading Nigerians about President Tinubu’s Tax Reform Bills before the National Assembly.

Sadly enough, Alhaji Kwankwaso’s comments while addressing students of Skyline University during their convocation in Kano recently, demonstrated either a lack of understanding of the tax reforms or a deliberate attempt to politicize President Tinubu’s positive visionary and Renewed Hope initiative.

It is evident that Senator Kwankwaso is still grappling with the fallout from his abysmal performance in the 2023 presidential elections. This lingering disappointment seems to have influenced his repeated reliance on divisive rhetoric and unfounded accusations against the administration of President Tinubu.

While the 19 Northern States Emirs and Governors provokingly demanded their Senators and Reps to reject, end and fight the present Administration of President Bola Ahmed Tinubu’s tax reforms bill to a halt, in which one of the arrowheads: Senator Ali Ndume said the “TAX REFORM Bill is Dead on Arrival.”

Rather than engaging in constructive national dialogue or offering meaningful contributions to national development, Kwankwaso, Ali Ndume and other co-travellers appears to have chosen a path aimed at inciting division between the North and the South, and casting aspersions on initiatives being painstakingly designed to benefit all Nigerians.

Such actions are not only unhelpful but also risk undermining the unity and progress of the country at a critical time when inclusive leadership and national cohesion are paramount to stability, progress and prosperity of our dear nation.

President Bola Ahmed Tinubu’s tax reforms are a necessary steps toward addressing the economic challenges facing the country and ensuring equitable development for all Nigerians, including those in the north especially the President’s initiative to tackle the disproportionate distribution of revenues from the Value Added Tax to all 36 states of the Federation and the FCT.

In strongest term we are not oblivion of the ongoing despicable threats bothering on excessive interference and high powered conspiracies to disrupt and hijack power from the South with the systemic and surreptitious renewed onslaught recruitment of the former President Olusegun Obasanjo as one of centrifugal forces being radically committed through his offensive and disparaging statements being deliberately orchid in running the current Administration down by all means possible.

Moreso, as reflective of his self styled selfish act and hatred for Constituted authority, his megalomaniac inclination and inordinate ambitions against President Bola Ahmed Tinubu led government, especially having lost power through his proxy kid Peter Obi via the ballot in 2023 Presidential election.

We hereby warn former President Olusegun Obasanjo to refrain from making statements that is capable of undermining Nigeria’s unity, peace and progress.

While we reiterate and assert our absolute confidence, that the country is functioning effectively under President Bola Tinubu led Federal Government, though with some surmountable challenges, still as they postulated, peace is what matters and not a all manner of provocative statements within the polity, because there will be light at the end of the tunnel, God’s willing.

To set the record straight, hence, it is necessary to respond and react appropriately to Chief Obasanjo’s recent keynote address at the Chinua Achebe Leadership Forum at Yale University in Connecticut, USA.

Wherein in his address, Baba Obasanjo criticised Nigeria’s leadership, describing the country as being a failed state of “state capture” and urging Nigerians to prioritise credible leadership for the Independent National Electoral Commission (INEC) to ensure electoral integrity.

Regrettably, former President Olusegun Obasanjo’s language of the war on peace time is a disaster and unpatriotic move in calling for anarchy, which is quite an anathema to the status of an elder statesman in his referential eldership.

The vituperation of Chief Olusegun Obasanjo’s lecture or better defined as tantrums Talk show, as the Chief harbinger of our worsening state of hunger and hardship was full of energy to condemn the current Administration with utter hatred of his avowed “do or die” mentality that has been infamously reputed to be offensive disappointing and disgusting as the only salvo that can be fired from a despotic and totalitarian personality only found to be hypocritically and deceitfully projected himself as a true democrat.

It was in record how he levelled the land of Odi with deadly precision and mortality even without any Justice till date, he removed Dariye and Fayose through illegitimate means of declaration of state of emergency all because he lacked the receptive mind for criticism and tolerance.

Now we must reiterate and state emphatically in admonishing the Northern elites to think twice on their incendiary staments and spiral bombardment of attacks through sponsored protests, media adverts or careless statements as well as the links such as: the #EndBadGovernance which started by some Northern youths, that was latter aggravated further and taken over by the #DayofRage led by thier proxies.

Unfortunately, this furtive and clandestine motivated underwater currents are largely engendered and orchestrated towards a obvious suspected Northern quest and desperation for power by all means ahead of 2027 Presidential elections.

How do we rate a situation wherein throughout the 8 years tenure of the former President Muhammadu Buhari, the entire Northern elites do not consider ending Nigeria treaty of 1914 only to wake up at the 99th hour of a Southwest Presidency to rage all manners of brimstone?

Hence, we warn in strongest term that this premeditated plan and well marshalled evil agendas to cause disunity, mayhem and strive among the citizens must be stopped once and for all for the betterment of our dear nation.

We vehemently frowned at the spurious and unverified lies, especially devastating propaganda actions targeted at the minds of their Northern kinsmen and women to hate and wish the President dead, this we unequivocally resist and condemned in its entirety.

This hypocrisy must stop now, wherein we lost lots of our brave minds to unbearable brazing manipulations and desperation in the past; Chief Obafemi Awolowo and MKO Abiola are proven records of similar antecedents of Northern hypocrisy and Power mongering.

It is hightime we talk truth to ourselves at a National Confab after each regional dialogue on the way forward, for if the North continuously hold the cliché of the “North are born to rule” ideology at the expense of the South, that means the rest of us are meant to be treated as their “slaves”, that are not safe in this country.

Have we for ones queried why the Northern Nigeria has more political advantages compared to their Southern counterparts: More state Governors and State House of Assembly members and Speakers, local government Chairmen and counsellors, Senators and House of Representatives members and more Federal institutions and employment opportunities and placements to mention a few.

This was why the Northern elites are eager to shut the tax reform bill down through their Northern Senators if the bill is brought for deliberation without having a concise dialogue with the rest of us.

If the Southern tax regime money is good to construct good roads and railway line to Maradi Republic of Niger, why now that the tax reform which is the best for the country is being campaigned against brutally, using legitimate means to commit illegality.

It is high time we are all captured into the ongoing comprehensive tax system, wherein both the citizens in the Northern and Southern parts are taxed eqaully , while the need to undermine this great efforts of President Bola Ahmed Tinubu is highly condemned.

We are bold to say that the need and quests for power must be done with absolute decorum and human face.

2027 election should not end in Ethnic wars and civil strives, we can discuss No Holdbar on all issues of our Nationality without hurting ourselves.

In conclusion, we would not tolerate any capture of Power through coup or any other means of manipulations, or whatsoever in causing instability.

We use this medium to commiserate with the families of the late Chief of Army Staff, Lt. General Taoreed Lagbaja, while as a matter of necessity we call for a detailed investigation into his cause of death and other surrounding circumstances, which calls for concern having witnessed recent threats of coup.

We implore President Bola Ahmed Tinubu to remain steadfastly committed and focused on ensuring good governance to the greatest benefits of greatest numbers.

We have emphatically and unapologetically spoken!

Signed:

Prince Isaac Aderemi Ajibola,National Publicity Secretary, Yoruba Council Worldwide.

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Opinion

Day Mamman Vatsa welcomed Ken Saro-Wiwa to his Abuja Village

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Tunde Olusunle

By Tunde Olusunle

He reincarnated in the form of a cream coloured, two-storey building in the bosom of the boulder-braided, writers’ commune, in the rocky delight of Abuja’s Mpape district. His happy host, like him an erstwhile member of the tribe of wordmongers was despatched over a phantom putsch one decade before him. But he rolled out a carpet of dry laterite with the steady onset of northerly harmattan, to receive his new guest and kindred spirit. The air was sedate, the biosphere alluring and serene as his name echoed from the signage hoisted in front of the structure. This, henceforth, will be the haven of scribblers from across the globe desiring genuine solitude to commune with their muses in the very intricate venture of creative expression. Not too many of the young writers who enthusiastically witnessed the recent commissioning of the *Ken Saro-Wiwa International Writers Residency* in Abuja, however, knew enough about the martyr who was so canonised, nor the nexus between Ken Saro-Wiwa and his figurative “host,” Mamman Jiya Vatsa.

As part of the activities commemorating the 43rd International Convention of the Association of Nigerian Authors, (ANA), which held between Thursday October 31 and Saturday November 2, 2024, a newly built edifice christened after Saro-Wiwa, was scheduled for inauguration. Ken Saro-Wiwa remains one of Nigeria’s most multitasking and most productive writers of all time. He lived for only 54 years but left behind an authorial legacy which continues to challenge the prolificity of successor writers. Saro-Wiwa was a compelling novelist, an engaging essayist, a consummate poet, an arresting dramatist, and a fearless public scholar.

Regarded as Africa’s very first purpose-built writers village, the expansive hilltop project in Mpape, Abuja, was named after Vatsa, an army General who was a Minister of the Federal Capital Territory, (FCT), under the regime of Ibrahim Badamasi Babangida. Less than seven months into the Babangida milieu in March 5, 1986, Vatsa was executed by firing squad for alleged “treason associated with an abortive coup.” He was 45 at the time. I had the privilege of meeting Vatsa’s only surviving biological child, Aisha, at the “World Poetry Day 2024,” hosted in honour of her father in March 2024, at the same writers’ village. Vatsa was a writer who reportedly published about 20 anthologies of poetry. These include: *Verses for Nigerian State Capitals,* (1972); *Back Again at Wargate,* (1982); *Reach for the Skies,* (1984), and *Tori for Geti Bow leg and other Pidgin Poems,* (1985).

The renowned literary scholar, critic, polemicist and Emeritus Professor, Biodun Jeyifo, was perhaps the first notable intellectual to engage authoritatively with Vatsa’s works in the primordial *Guardian Literary Series, (GLS),* published by *The Guardian* newspapers of old, in the 1980s. The essay is published in *Perspectives on Nigerian Literature, (Volume 2, 1988),* edited by Yemi Ogunbiyi. Vatsa as FCT helmsman, it was, who allocated the generous swathes of hitherto pristine land with scenic views upon which the writers village is sited today. The complex is deservedly named after him in eternal gratitude by the writers fraternity.

Ken Saro-Wiwa was the fourth President of ANA. He succeeded the renowned dramatist and Emeritus Professor of theatre arts, Femi Osofisan, in 1990, and was a very energetic personality, famous for the tobacco pipe which was permanently seated on his lip, drawing parity with that of Ousmane Sembene, the famous Senegalese frontline African novelist and filmmaker. Saro-Wiwa had a multitasking career which saw him as a university lecturer in his earlier years; an administrator and public servant, and an environmental activist, at various times. He was leader of the *Movement for the Survival of the Ogoni People,* (MOSOP), which prosecuted a nonviolent campaign for the protection of Ogoni land and water resources from devastation by oil multinationals.

He backed up this enterprise with regular interventions in the public space as a writer and columnist for a number of authoritative newspapers. He consistently drew attention to the despoliation of the natural resources of his people and wrote regularly for *Vanguard* and *Sunday Times,* among other publications. He was a regular, long-staying guest of the gulags of successive military governments, through the administrations of Ibrahim Babangida and Sani Abacha. In 1994, he was arrested and charged with instigating the murders of four Ogoni leaders, May 4, 1994, on a day he was indeed barred from accessing Ogoniland. Saro-Wiwa and his eight “accomplices” were executed by hanging at the Port Harcourt prison where they were held and convicted, on November 10, 1995, exactly one month after his 54th birthday on October 10, 1995.

By some uncanny calendrical coincidence, the *Ken Saro-Wiwa International Writers Residency,* was inaugurated early November 2024, the very same month he was despatched 29 years ago in 1995. Global outrage trailed the killing of Saro-Wiwa and his compatriots, with the Commonwealth suspending Nigeria for three years, among other sanctions. The death of Sani Abacha in June 1998, the subsequent acceleration of processes which returned Nigeria to civilian rule by Abacha’s successor, Abdulsalami Abubakar, and the enthronement of the Fourth Republic in 1999, gradually tempered the world’s coldness towards Nigeria.

At least three dozen book titles are credited to Ken Saro-Wiwa’s name. These include novels, novellas, anthologies of poetry, plays for radio and television, memoirs and diaries, and so on. His works have received some international attention and have been translated into German, Dutch and French. His authorial oeuvre includes: *Tambari,* (a novel, 1973); *Tambari in Dukana,* (a sequel to *Tambari,* 1986); *A Bride for Mr B,* (a novella, 1983), and *Songs in a Time of War,* (poetry, 1985). Ken Saro-Wiwa also wrote *Sozaboy: A Novel in Rotten English,* (1985); *A Forest of Flowers,* (1986, short stories); *Prisoners of Jebs,* (a novel, 1988) and *Pita Dumbrok’s Prison,* (1991), which like the former is very biting political satire.

*On a Darkling Plain: An Account of the Nigerian Civil War,* (memoirs, 1989), a war which he witnessed firsthand, is also one of his very gripping works of prose. Saro-Wiwa’s public engagements are aggregated in several volumes of essays notably *Nigeria: The Brink of Disaster,* (1991); *Similia: Essays on Anomic Nigeria,* (1991) and *Genocide in Nigeria: The Ogoni Tragedy,* (1992). Even in his final days, weeks and months of his sojourn on this side of the divide, Saro-Wiwa “remained incredibly productive.” Posthumously, his family, foreign concerns and nongovernmental organisations continued to call-up manuscripts from his personal library to publish new works by him. A personal diary he kept while he was in incarceration before his eventual annihilation was published with the title *A Month and a Day: A Detention Diary,* in 1995. Over 20 years after his demise, some of his essays were assembled as *Silence would be Treason: Last Writings of Ken Saro-Wiwa,* and published by Daraja Press in Ottawa, Canada, in 2018.

The *Ken Saro-Wiwa International Writers Residency* is one of the first major physical projects delivered by the leadership of Usman Oladipo Akanbi. Fortuitously, Akanbi’s deputy, Obari Gomba, winner of the 2023 *NLNG Prize for Drama,* is from Saro-Wiwa’s Ogoni country. He must have felt gratified by the honour done his *countryman,* whose trajectory he followed as a much younger writer. The eventual breaking of the ice, the decisive commencement of the physical development of the hitherto forlorn and controversial expansive hectarage of ANA property was consummated under the leadership of Denja Abdullahi in 2017. Obi Asika, Director-General of the National Council for Arts and Culture, (NCAC), commissioned the *Ken Saro-Wiwa International Writers Residency.*

The ceremony was witnessed by an impressive array of writers, headlined by Emeritus Professors Osofisan and Olu Obafemi, both former Presidents of ANA, as well as Nuhu Yaqub, OFR. Yaqub holds the distinction of being the only Nigerian scholar thus far to have served as Vice Chancellor in two federal universities, those of Abuja and Sokoto. Other literary greats at the event and the main Convention included: Professors Shamshudeen Amali, OFR, former Vice Chancellor, University of Ilorin; Akachi Adimora-Ezeigbo; May Ifeoma Nwoye and Sunnie Ododo, all Fellows of the Nigerian Academy of Letters, (FNAL) and the Association of Nigerian Authors, (FANA).

There were also Professors Joe Ushie, a Member of ANA Board of Trustees; Emeka Aniagolu; Udenta Udenta; Maria Ajima; Al Bishak; Mabel Evwierhoma; Razinat Mohammed; Vicky Sylvester Molemodile and Mahfouz Adedimeji. Immediate past ANA President, Camillus Ukah, Emeritus diplomat and writer Ambassador Albert Omotayo, featured at the Convention. Canada-based writer, scholar and Professor, Nduka Otiono who served as General Secretary of the association under the leadership of Olu Obafemi, was admitted into the College of Fellows of the body. Chairman of the *Abuja Chapter of ANA,* Arc Chukwudi Eze, was the resident host with compelling responsibility to stay through all events.

Tunde Olusunle, PhD, Fellow of Association of Nigerian Authors, (FANA), teaches Creative Writing at the University of Abuja

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That ‘fake’ Sanwo-Olu vs EFCC suit: Whodunit? Who sponsored it?

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By Ehichioya Ezomon

Strange things happen in Nigeria, one of the latest being a suit purportedly filed by Lagos State Governor Babajide Sanwo-Olu, to prevent the Economic and Financial Crimes Commission (EFCC) from investigating, arresting, detaining or prosecuting him or his aides after his eight-year tenure of office in 2027.
However, the Lagos Attorney General and Commissioner for Justice, Lawal Pedro (SAN), has debunked the widely-publicised suit, saying Sanwo-Olu neither sued nor authorised any legal practitioner to file a suit on his behalf concerning the matter, adding that the EFCC isn’t investigating the governor and hasn’t invited him or threatened to arrest any of his staff, domestic or otherwise.
The odder and curiouser angle to the alleged pre-emptive writ at the Federal High Court in Abuja is that it’s filed in June 2024, almost three years ahead of Sanwo-Olu’s terminal governance of Nigeria’s commercial capital, the richest State in the Federation, and the fifth largest economy in Africa as of 2022 GDP figures, which Sanwo-Olu’s pledged to advance further by 2027.
Thus, the suit is a new one on Nigerians, as the proverbial bridge is way too far off – 36 months to Sanwo-Olu’s end of tenure – to attempt to cross before getting there! Snapets from EFCC’s moves against outgoing governors are telegraphed a few months or weeks before they bow out of office, so giving them the jitters. They either begin to express being squeaky clean, alleging political witch-hunt or daring the EFCC to carry out its threat to make them account for their stewardship.
Since democracy returned in Nigeria in 1999, a few ex-governors have escaped overseas and were forced to return to Nigeria to face prosecution; many have remained in the country to face the EFFC and years of legal ordeal; a couple of them, such as former Ekiti State Governors Ayo Fayose and Kayode Fayemi, have presented themselves to the commission for interrogation and/or prosecution.
Some former governors have engaged in a hide-and-seek, for instance, Yahaya Bello of Kogi State, who’d gone underground for months only to unexpectedly show up at the EFCC headquarters in Abuja in October 2024, and yet wasn’t booked, interrogated, or detained having been on the wanted list of the EFCC and the courts; two have been tried, jailed and served their sentences; one was tried and jailed but his sentence overturned on appeal and was released from prison; while one was tried overseas and served his sentence before returning to the country.
Lately, the EFCC threat to investigate, arrest, detain or prosecute former governors has become mostly academic, and the norm rather than the exception. It appears some ex-governors now relish being dragged by the EFCC, at least, as a way to keeping themselves in the news after missing the years of free spotlighting. 
  But even as Sanwo-Olu’s reported  counsel, Darlington Ozurumba, sues the EFCC as sole defendant over the said threat to arrest, detain and prosecute the governor after his tenure, the EFCC has denied knowledge, contemplation or plans by the commission or any of its officers to harass, intimidate, arrest or prosecute Sanwo-Olu after May 29, 2027, 
As reported by The News Agency of Nigeria (NAN), when the matter was called for mention on October 29, Ozurumba informed the court that he’d withdrawn the earlier originating summons, and that the EFCC had been duly served with the latest court documents, which the commission’s counsel, Hadiza Afegbua, said she’s yet to sight, even as the proof of service of the processes wasn’t in the court file, and Justice Abdulmalik adjourned the matter to November 26 for further mention.
In an originating summons, marked: FHC/ABJ/CS/773/2024, dated and filed on June 6, Sanwo-Olu, reportedly raising seven questions and seeking 11 reliefs, prays for a declaration that, under and by virtue of the provisions of Section 37 of the amended 1999 Constitution, “the plaintiff, as a citizen of Nigeria, is entitled to right to private and family life as a minimum guarantee encapsulated under the Constitution, before, during and after occupation of public office created by the Constitution.”
Besides craving a declaration that, upon community reading of the provisions of Sections 35(1) & (4) and 41(1) of the Constitution, the threat of his investigation, arrest and detention by the EFCC during his tenure of office as governor is illegal, Sanwo-Olu allegedly prays the court to declare that the incessant harassment, threat of arrest and detention against him upon the EFCC’s instigation by his political adversaries based on false and politically-motivated allegation of corruption, is a misuse of executive powers and abuse of public office.
Hence, he purportedly seeks, among others, an order restraining the EFCC from harassing, intimidating, arresting, detaining, or prosecuting him in connection with his tenure as the governor of Lagos State.
However, the EFCC, describing as speculative and a conjecture the alleged Sanwo-Olu’s claims and reliefs in his fundamental right enforcement suit, has denied it threatened, invited or took any step at all to encroach on the governor’s right to freedom of movement or violated his right to private and family life and personal liberty.
Countering the originating summons Ozurumba purportedly filed on behalf of Sanwo-Olu, the EFCC, in an affidavit filed on October 31 by its lawyer, Hadiza Afegbua, the deponent, Ufuoma Ezire, told Justice Joyce Abdulmalik of the Federal High Court, Abuja, that the plaintiff’s depositions in Paragraphs 4, 5, 6, 7 and even 8 are unfounded, untrue and unknown to the defendant, and calculated to mislead the court, and are hereby denied.
Noting that the EFCC isn’t investigating Sanwo-Olu, and has never invited him or threatened to arrest any member of his staff, domestic or otherwise, Ezire states that the EFCC invites members of the public for interview, interrogation or any engagement vide a written invitation, phone calls or text messages by any of its officers, who shall introduce themselves by name, rank, designation, and section to enable the invitee trace the officer easily.
Ezire says the EFCC is unaware of any threat to arrest Sanwo-Olu’s “aides, accusation of maladministration or diversion of Lagos State’s funds nor is it aware of any likelihood of a breach of the applicant’s right to liberty or right to own movable and immovable properties in this case.”
Stressing that there’s no petition or any intel gathered before the EFCC to warrant its officers to invite, or threaten to arrest the plaintiff at the moment, Ezire asserts that the entirety of the alleged Sanwo-Olu’s dispositions isn’t true, as the application is “misconceived and brought in bad faith to mislead this honourable court,” adding that, “it will be in the interest of justice to refuse the reliefs sought by the plaintiff.”
Similarly, Mr Pedro, the Lagos Attorney General, in a statement on October 29 rebutting “the news circulating in a section of the media, titled: ‘Sanwo-Olu sues EFCC over alleged plan to arrest, prosecute him after tenure,’” clarified as follows:
“Mr Babajide Sanwo-Olu, at no time, sued or briefed any legal practitioner to file a suit on his behalf concerning the above subject matter. Moreover, it is implausible for the Governor, who enjoys immunity as conferred by the Constitution, and has almost three years remaining in office, to engage any lawyer on this matter.
“To the best of my knowledge, my inquiry confirmed that the EFCC is not investigating the governor and has never invited him or threatened the arrest of any member of his staff, domestic or otherwise. We are currently investigating how the case came to be without our knowledge.
“For the avoidance of doubt, Mr Babajide Sanwo-Olu has demonstrated exemplary service delivery and prudent, judicious management of public resources. Therefore, Mr Babajide Sanwo-Olu, who is tirelessly working to improve the living conditions of all Lagosians, has no cause for concern when he eventually leaves office at the end of his tenure in May 2027.
“We, therefore, urge media organisations to be cautious about the reports they publish on their esteemed platforms to avoid misleading the public.”
Needless to ask: Whodunit? Who sponsored it? Without a doubt, the so-called Sanwo-Olu’s suit, filed by an “unauthorised legal practitioner,” against the EFCC is the handiwork of his political adversaries trying to induce, instigate or coerce the anti-graft agency to embark on a fishing expedition it’s no reasonable grounds for, either from a petition(s) or intel that points to a likelihood of (mis)appropriation of funds and resources of Lagos by the governor or his aides.
That said, many will defend Governor Sanwo-Olu for perceptively seen as deploying the resources at his disposal to upgrade and develop existing and new infrastructural and human capital needs to match the Lagos motto of “The State Of Excellence” and its Mega City status that’s attracted unprecedented public and private investments.
These include the Lagos Metropolitan Area Transport Authority (LAMATA-) managed ground-breaking Blue and Red Rail Lines, the Bus Rapid Transport (BRT) system, the proposed Fourth Mainland Bridge, the Atlantic City project, the fully-automated Imota Rice Mill, and the Lekki Free Trade Zone that houses the multibillion dollar 650,000bpd-capacity Dangote Petroleum Refinery – the largest single-train refinery in the world at full capacity – which’s Nigeria’s window to self-sufficiency in production and supply of petroleum products.
Other areas in the Lagos socio-economic sphere: Education, ICT, innovation and technology, healthcare, commerce, agribusiness, small-scale industries, entertainment, showbusiness, tourism, and youth and sports development are receiving adequate attention, and have become a source of pride to Lagosians, and emulation by other States in Nigeria.
Lagos, a hub of international engagements all-year-round, has moved up the ladder as one of the most preferred destinations on the continent of Africa, and is up-scaling on the global leisure spots, thanks to Governor Sanwo-Olu and his vastly young, professional, dynamic and dedicated team, who’ve deployed their expertise in various fields to achieve a shared dream of Lagos leading or being among the best in all human endeavours.
Sanwo-Olu isn’t just a workaholic delivering on the promises of his administration, but he’s the epitome of the alias, “Mr Project,” in the true sense of the lingo in our clime. So, why should he be worried about the EFFC when he’s deploying the resources of Lagos to develop the state to an enviable standard! The “amiable” governor should free his mind and continue “to finish strong” with the good works he’s been doing, for which he’s received umblemished praises, accolades and awards within and outside Nigeria.

Mr Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria

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