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Advances in Social Sciences Research Journal – Vol. 9, No. 6
Publication Date: June 25, 2022
DOI:10.14738/assrj.96.12343. San, I. A. (2022). Presidential Pardon Granted to Nigeria’s Rev. Jolly Nyame, Joshua Dariye and 157 Others: Delimiting the
Confluence Between Morality and Legality. Advances in Social Sciences Research Journal, 9(6). 58-67.
Services for Science and Education – United Kingdom
Presidential Pardon Granted to Nigeria’s Rev. Jolly Nyame, Joshua
Dariye and 157 Others: Delimiting the Confluence Between
Morality and Legality
Ibrahim Abdullahi, SAN
Associate Professor
ABSTRACT
The President of the Federal Republic of Nigeria while acting within his
constitutional powers as enshrined under section 175 of the Constitution of the
Federal Republic of Nigeria 1999 (as amended) and with the approval of the Council
of State, pardoned the erstwhile governors of Taraba and Plateau States; Rev. Jolly
Nyame, Joshua Dariye and 157 others with respect to the various offences for which
they were convicted and serving various terms of imprisonment. There exists genre
of mixed reactions arising from the grant of the pardon largely based on the
morality involved. This paper using the doctrinal research methodology appraised
the presidential pardon granted by delimiting the confluence between morality and
legality and observed that it is very vivid from section 175(1), (2) & (3) of the
Constitution of the Federal Republic of Nigeria, 1999 (as amended), there is no
criterion fixed before the discretion is exercised by the President in consultation
with the Council of State. The paper concludes that it will serve no good to an
accused/defendant to spend a life incarcerated when he can still be useful to himself
and the society and recommended that the wide discretionary powers of the
President as well as those of the governors need to be checked by constitutional
amendments by providing and or listing the factors/criteria that the President in
consultation with the Council of State, would have to take into consideration before
the exercise of the said pardon.
Keywords: Pardon, Council of State, Morality, Legality, Constitution and imprisonment.
INTRODUCTION
Rev. Jolly Nyame1 was convicted by Adebukola Banjoko, Judge of a Federal Capital Territory
High Court Gudu on the 30th of May 2018 and sentenced to 14 years imprisonment. His appeal
to the Court of Appeal of Nigeria had his jail term reduced to 12 years. Further miffed by the
said decision, he appealed to the Supreme Court of Nigeria2 challenging the jurisdiction of the
*Senior Advocate of Nigeria, Associate Professor of Law and Lecturer, Department of Private and Business Law, Usmanu
Danfodiyo University, Sokoto.
1 The erstwhile governor of Taraba State of Nigeria. 2 The Supreme Court of Nigeria like other Superior Courts of record in the land is a creature of the Constitution and in
that vein it also limits its power. In this regard, the 1999 Constitution and the Supreme Court Act Cap. 424, Laws of the
Federation of Nigeria, 1990 as amended, confer jurisdiction on the Supreme Court. To this effect the Supreme Court is
conferred with both appellate and original jurisdictions. See also the cases of Attorney General Ondo State v. Attorney
General of the Federation & Ors. (1983) 2 SCNLR 269; Attorney General of the Federation vs. Attorney General of Abia
State & Ors. (2001) 11 FWLR (Pt. 725) 689, (2001) 11 NWLR (Pt. 725) 689; Onuaguluchi vs. Ndu (2001) 7 NWLR (Pt.
712) 309 and Awuse vs. Odili (2003) 18 NWLR (Pt. 851) 116.
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San, I. A. (2022). Presidential Pardon Granted to Nigeria’s Rev. Jolly Nyame, Joshua Dariye and 157 Others: Delimiting the Confluence Between
Morality and Legality. Advances in Social Sciences Research Journal, 9(6). 58-67.
URL: http://dx.doi.org/10.14738/assrj.96.12343
Federal Capital Territory High Court Gudu to have entertained the case, craved for the further
reduction of the 12 years sentence as well as the 100 Million fine imposed on him by the Court
of Appeal of Nigeria. At the Supreme Court, the appeal against the imposition of fine succeeded
but the Supreme Court affirmed the 12 years jail term. Hon. Justice Amina Augie JSC held that
the Court of Appeal of Nigeria was gracious enough to have reduced it to 12 years as a first time
offender.
On his part, Joshua Dariye3 was convicted by Adebukola Banjoko, Judge of a Federal Capital
Territory High Court Gudu on the 12th of June 2018 and sentenced to 14 years imprisonment
for the offence of in relation to the diversion of Billion of naira from the Plateau State Ecological
Fund while he was the governor and two years imprisonment for the offence of Criminal
Misappropriation. On appeal to the Court of Appeal of Nigeria, the Court reduced the 14-years
sentence for the offence of Criminal Breach of Trust to 10 years and reduced the two years
sentence for Criminal Misappropriation to one year. On further appeal to the Supreme Court of
Nigeria, the apex court however, upheld Dariye’s concurrent conviction and sentence by the
trial court and the Court of Appeal for the offence of Criminal Breach of Trust but proceeded to
quash his conviction and sentence in relation to the offence of Criminal Misappropriation.
The President of the Federal Republic of Nigeria4 while acting within his constitutional powers5
and with the approval of the Council of State6 pardoned the erstwhile governors of Taraba and
Plateau States; Rev. Jolly Nyame, Joshua Dariye and 157 others with respect to the various
offences for which they were convicted and serving various terms of imprisonment. In all, 159
convicts were granted presidential pardon by the President for diverse offences.
There exists genre of mixed reactions arising from the grant of the Presidential pardon. Some
(majority) questioned the morality in the grant while others argued that the exercise of the
powers by the President was ill advised, an abuse of power that has embolden political thieves
and unrepentant pilferers of the country’s national wealth. Yet others see it as a disservice to
the Judiciary and the like of Dr Emeka Obegolu, SAN vehemently argued that it is unfair to
demonize the Nigerian authorities for pardoning people who have spent considerable period
of time detention (prison custody) and have shown remorse.
This article attempts to analyze whether moral argument against the exercise of the
Presidential powers to grant a pardon can affect the legality of such exercise? An attempt would
similarly be made to delimit the confluence between morality and legality in the exercise of
Presidential pardon in Nigeria.
CLARIFICATION
This article should not be seen as a support for those who engage in the perpetration of
corruption or corrupt practices. The writer recognizes the fact and endorses the need to
implement and apply public policy against corruption and financial crimes which have turned
3 The erstwhile governor of Plateau State of Nigeria.
4 General Muhammadu Buhari (Rtd).
5 As enshrined under section 175 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). 6 The Council of State is established by section 153(1) of the Constitution and under paragraph 5, Part 1 of the Third
Schedule of the Constitution, it comprises of high profile personalities who have excelled in their respective fields of
human endeavour.
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Advances in Social Sciences Research Journal (ASSRJ) Vol. 9, Issue 6, June-2022
Services for Science and Education – United Kingdom
out to be 'deadly snakes' and financial hooliganism daily killing Nigeria and Nigerians. But at
the same time, it becomes imperative to put the records straight and clarify issues in matters
relating to law to ensure that justice is not only done, but manifestly seen to have been done.
Scope of the Research
The scope of the research is restricted to the consideration of presidential pardon in Nigeria as
it only relates to those granted to the erstwhile governors of Taraba and Plateau States; Rev.
Jolly Nyame, Joshua Dariye and 157 others by the President of the Federal Republic of Nigeria.
Objective of the Research
The objective of this research is to analyze whether moral argument against the exercise of the
Presidential powers to grant a pardon can affect the legality of such exercise? Efforts would be
made to delimit the confluence between morality and legality in the exercise of Presidential
pardon in Nigeria.
METHODOLOGY
The research methodology employed in the writing of this article is the doctrinal research
method for the purposes of identification and analysis. The primary data are obtained through
the adoption of doctrinal methodology. Doctrinal research method is to a large extent library
oriented with reliance fully placed on relevant literatures. Reliance was equally placed on
primary sources of data which involved a consideration of various types of legislation and court
decisions in relation to the subject matter under consideration. Finally, originality is exhibited
in making analysis and recommendations.
Morality and Law
Morals are standards of life adopted in any given society. It equally denotes the character or
conduct considered as good or descent, ethical, virtuous and therefore considered as a
persuasive system. Law is quite distinct from and its validity is no way dependent on morals or
morality. The validity of a legal rule depends solely on legal criteria. There is therefore not only
the legal duty to obey law but also a moral duty to obey the same law. It is the view of Prof. H.
L. A. Hart that; “Law as it is, should be kept distinct from law as it should be”. Law therefore can
be a public expression of morality which codifies in a public way the basic principles of conduct
which a society accepts. The public expression of the Constitution which is in fact the "tons juris"
is reflected in Constitution which posits thus;
WE THE PEOPLE of the Federal Republic of Nigeria:
HAVING firmly and solemnly resolved:
TO LIVE in unity and harmony as one indivisible and indissoluble Sovereign nation under God
dedicated to the promotion of inter – African solidarity, world peace, international co-operation
and understanding:
AND TO PROVIDE for a Constitution for the purpose of promoting the good government and
welfare of all persons in our country on the principles of Freedom, Equality and Justice and for
the purpose of consolidating the Unity of our people:
DO HEREBY MAKE, ENACT AND GIVE TO OURSELVES THE FOLLOWING Constitution7:
7 See the preamble to the Constitution of the Federal Republic of Nigeria1999 (as amended).