By Mike Kebonkwu
I watched with deep reflection on African Independent Television (AIT) prime news of January 4, the story of a young man, Segun Olowookere who was granted pardon by the governor of Osun State in exercise of prerogative of mercy. A respected Don in the Humanities at the Obafemi Awolowo University, Professor Chijioke Uwasomba also drew my attention to it as he was caught in the web of the sentiments of a corrupt and manipulative justice system that we operate. The story had elicited a lot of sentiments and emotion on the social media as usual when it broke and expectedly the judiciary was lacerated and lampooned. It was just enough that the young man was given a reprieve; but some things did not just add up in that story, it was not plausible. The story was skewed to achieve a preconceived objective, cashing on the poor perception of the court in justice delivery.
Unfortunately for us, we have to concede that public opinions and reality are what members of the Fourth Estate of the Realm say there are. It is so much so that whenever falsehoods are repeated with consistency, they usually become the truth. Why would a court of law sentence a hungry man to death for stealing a fowl or eggs?
To begin with, I am not aware of any law, whether federal or state, that prescribes death penalty for stealing fowl; there would have been some distortions and misinformation. There was a rejoinder to that story from a former Attorney General of Osun State also in the social media, not verified, that the young man was convicted for armed robbery contrary to story making the rounds.
Does the state governor have the power to pardon prisoners and convicts? Yes, Section 212 of the 1999 Constitution as amended confers the power of prerogative of mercy on state governors; albeit for offences created by state law. Any such power also must be exercised in overriding public interest, not based on emotion, sentiment and playing to the gallery. In any case, Armed Robbery and Miscellaneous Offences are federal offences; therefore, the state governor acted ultra vires his power.
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Section 175 of the Constitution also empowers the president to exercise similar power. Over time, it appears that this power has been exercised more for political considerations because the constitution simply offers a carte blanche to the president and governors on issue of exercise of power of prerogative of mercy. The exercise of this power appears to be inconsistent with the principle of separation of power as it usurps the judicial power of the court or judiciary. Elected chief executives should not open the prison gates and doors for criminals. Why have they not acted in the same manner to sign death warrant for the execution of those on death row that have exhausted their appeal at the apex court? If we should continue this way, one is afraid, we do not need the court houses; we do not need the judges, lawyers and the law. They have become unnecessary appendages and inconveniences to the administration of justice.
What is the need for a judiciary when convicts and felons are given blank cheques by the state? What is the reason for correctional centres and prisons when judicial sentence has become a political decision? We are fighting corruption, but those successfully prosecuted and convicted are granted state pardon and amnesty to go and enjoy their loot.
Tribal leaders, religious and regional groups tie peace and security in their regions to the freedom of persons being prosecuted for offences against the state. We want insurgents and bandits to be given amnesty, rehabilitated and compensated while the victims are left in internally displaced persons camps without means of livelihood. Criminals and non-state actors have military grade weapons in their holdings and even fly drones and we are telling the world that their drones are not sophisticated enough to cause panic or pose a threat. Why are we so delusional this country?
Rights activists, NGOs and CSOs organize protests in defence of fugitives and politically exposed persons fingered for corruption. The brouhaha about petroleum subsidy was said to have been as a result of graft and scam in the subsidy regime. The state did not go for those behind the subsidy scam to prosecute them.
There are scores of people convicted of violent crimes who have exhausted their appeals to the apex court and have been on the death row for years. No president or governor had in exercise of his power also signed the death warrant for these people in aid of the law and society. If we want justice and the application of the rule of law, everybody must play his role in the chain of administration of justice. We did not elect pastors and ustaz as political leaders; if you do not like the heat, leave the kitchen.
On the case of Segun Olowookere, it was quite surprising that that even highly respected senior lawyers joined the fray condemning the decision of the judge. For lay people, it is understandable and I forgive them but for the lawyers it is most unfortunate that they reacted with such sentiment and ignoring the facts of the case. The case was that the young man was convicted of armed robbery; period! He did not appeal.
It does not matter what the object/subject matter was so long as he was armed with weapons during the operation; it could have been stealing a ball of “akara” forcefully, while armed with a catapult. If he did it carrying weapon, it was armed robbery and that is the law and if the evidence in court support such facts, the judge was right to give judgement based on the evidence before him.
Every other person in this matter was wrong but the judge; if you like wear the badge of a Senior Advocate of Nigeria (SAN) like a medal. Even though the governor acted within his power as provided in the constitution, he acted in error and not in public interest. His action does not promote the rule of law and public interest; it is pure sentiment.
Was that so-called victim picked up in a worship centre; was he arrested because he was in his father’s shop or farm? The governor was misled by social media influencers in the court of public opinion. Decision from the court of public opinion is mob justice. The same way the former regime acted when it opened the prison doors for former governors and chief executives of some states that were convicted of corruption and exhausted their appeals to the Supreme Court.
The punishment for any offence is a reflection of the societies’ revulsion of the act of those felons. Criminals should serve their terms after exhausting their appeals. After all, the procedure for exercise of the power of prerogative of mercy in most cases is also fraught with corruption. Let’s leave our moralities at the worship centres. Other prisoners deserve no less after all they all probably have reason for doing the act for which they were convicted. Reflecting deeply the abuse that characterised the exercise of the power of the prerogative of mercy, one is of the view that it is high time it is expunged from the constitution or any other law for that matter.
People who lost case in court now engage bloggers and social media influencers to sell lies and falsehood to mislead the public. It is the judiciary and court alone that can give valid interpretation of the law and award punishment in accordance with the provisions of the law. The act of the judex in his judicial capacity in this regard is unquestionable; although they are not infallible. Anyone that is dissatisfied with the award of a court should appeals to the appellate court. It is the duty of the court to base its decision and judgment on facts before it.
The young man was represented by counsel, I suppose of his choice. He did not appeal the judgment. We should perish the sentiments, emotions and hypes of media distortions and manipulations. Did he commit the offence as an under-aged or minor during the time of the commission of the alleged offence or trial? That is for the court to decide, anyway.
Some laws in relation to age to commission of crime are not just supported by common sense and logic any longer and reality of the time. If a young man of 14 years can use a gun to rob, he should take the punishment for robbery; no sentiment! Before we free all the criminals, let us first, put an end to law!
