CHAPTER 6, Part 1, section 175 of the Constitution of the federal Republic of Nigeria (1999 as amended) grants the President the power to exercise the prerogative of Mercy: This includes the power to grant pardons, reprieves, or substitute punishments for offences created by an Act of the National Assembly.
Also, the constitution accords the President the rights, acting in accordance with the advice of the council of state, to exercise his powers under subsection 1 of this section of the constitution in relation to persons concerned with offences against the army, naval or air-force law or convicted or sentenced by a court-martial
Based on the provisions of this section of the constitution the recent action of Mr. President, His Excellency, Bola Ahmed Tinubu to grant clemency to over one hundred and seventy-five Nigerians convicted of various offences and serving jail terms was not only commendable but a noble and worthy course of action in the spirit and letters of restorative justice.
For a comprehensive closure to this matter of Clemency and intended healing in the land extended to the dead and living, Benue sons extinguished in their prime as mentioned should be addressed for the families, and community to feel a part of the Nigerian project.
Rewriting and correction of the injustice committed by British colonialists was the story of one of the nation’s founding fathers, Herbert Macauley, who was convicted by the colonial administration for unlawfully appropriating funds from an Estate he administered and was sent to prison in 1913. He was also accused of an insidious publication against the oba of Lagos with the purpose to incite insurrection against the Oba and colonial powers all these claims against Herbert Macauley were shrouded in questionable circumstances and we applaud Mr President at restoring his statues.
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An interesting side of the President’s amnesty largesse was the prerogative of mercy extended to the Ogoni nine and four with posthumous pardons. In the list of posthumous parsons was Major-General Mamman Jiya Vatsa who was killed with others like Lt. Col. Mike lyorshe (Benue), Lt. Col. Musa Bitiyong (Kaduna), Lt. Col. Chris Oche (Benue), Wing Commander Ben Ekele (Benue), Wing Commander Adamu Sakaba (Sokoto), Navy Commander Achukwu Ogwiji (Benue), Squadron Leader Martin Luther (Lagos), Major David Bamidele (Ondo) and Squander Leader A. Ahura (Benue) over a treason charge in 1986 which was roundly condemned by the Nigerian populace that the action was hasty lacked credible evidence warranting their execution and believed to be a vendetta mission by the powers then. Corroborating these opinions, General Domkat Bali, a top military brass refuted the claims levelled against these officers that the evidence was not weighty warranting execution of the officers.
In the spirit of restorative justice and in an attempt to bring a closure to the vexed issue of the Ogoni nine and four, Ken Saro-wiwa was then pardoned alongside his apostles with the administration extending its clemency into the colonel era, with outright mercy granted to person’s convicted of various offences like murder, man slaughter and drug pedalling, by competent courts of jurisdiction in the land.
The question is, and will linger within time and space, why was Ken Saro-Wiwa pardoned with his friends but in the case of Major-General Vatsa selective justice was applied and his friends framed in the phantom coup of 1986 comprising of the finest and brilliant minds of Benue excluded from the largesse of the President’s Amnesty?
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For a comprehensive closure to this matter of Clemency and intended healing in the land extended to the dead and living, Benue sons extinguished in their prime as mentioned should be addressed for the families, and community to feel a part of the Nigerian project.
The appeal is for clemency to be accorded these officers from Benue who contributed to the unity and growth of Nigeria with records of outstanding performance in assigned duties and within the citadels of learning graduating with excellent credits
We call on the Benue community at home and in the diaspora to mobilise support in this regard to heal wounds, restore confidence and belief in the Nigerian Project and with full complements of their ranks, then will we all rise in unison to chant the National anthem “thou tongue and tribe may differ in brotherhood we stand.
We salute Mr. President, Ahmed Bola Tinubu, as he considers our collective appeal! Salaam!
Mr Tiav, a broadcast journalist and public affairs commentator, writes from Makurdi, Benue State capital.
