 |
| inibehe Effiong |
There have been malicious, unsubstantiated and wicked insinuations and
reports on social media and on various online medium that President Muhammadu
Buhari has “released” convicted Boko Haram kingpin, Kabiru Dikko, alias Kabiru
Sokoto.
The insinuation became rife due to the reticence of the presidency over
the matter. It was further fuelled by a press statement issued by a group
called Human Rights Writers Association of Nigeria (HURIWA). The group in a
statement asked President Buhari to clarify whether he has released the
convicted terrorist as speculated.
Kabiru Sokoto was convicted on a two-count terrorism charge by a
Federal High Court in Abuja on December 20, 2014 and sentenced to life
imprisonment. The court found him guilty of facilitating the commission of
terrorism acts and concealing information from security agencies on the
December 25, 2011 bombing of St. Theresa Catholic Church, Madalla, Niger State.
I do not know why some mischievous people will sit in the comfort of
their houses to create enmity in the polity by creating and publicising such
offensive hoax. President Muhammadu Buhari cannot just wake-up and begin to
order the release of prisoners.
Granted that the President is constitutionally empowered by Section 175
of the Constitution of the Federal Republic of Nigeria 1999 (as amended) to
exercise prerogative of mercy in favour of any person concerned with or
convicted of an offence created by an Act of the National Assembly, there are
conditions precedent to the exercise of this power.
Prerogative of mercy can only be exercised in favour of any person upon
the recommendation of the a body known as the Presidential Advisory Committee
on Prerogative of Mercy.
After the recommendation, the President must consult with the Council
of State in line with Section 175 (2) of the Constitution before he can
exercise his prerogative of mercy in favour of any person.
There is no evidence or report indicating that such recommendation has
been made to President Buhari by the Presidential Advisory Committee on
Prerogative of Mercy for Kabiru Sokoto to be granted pardon. Also, at the last
Council of State meeting held on Thursday, September 8, 2016 there is no report
that President Buhari consulted with the Council on the issue of prerogative of
mercy in favour of any person.
From the standpoint of public policy, it is unthinkable for a convicted
terrorist who facilitated the murder of innocent Nigerians to be granted state
pardon. What will be the motivation for such offensive pardon?
If members of the violent sect were to be swapped for the Chibok girls,
I do not believe Kabiru Sokoto will be considered. That will amount to
legitimizing the insane and beastly ideology of Boko Haram. How many members of
the terrorist sect have been convicted since the insurgency began? Why should
any reasonable person contemplate releasing Kabiru Sokoto whose conviction has
bolstered the anti-terrorism war?
It is not necessary for the President to respond to the request of
HURIWA. If the group has evidence to buttress their insinuation, they should
present same to the public. Alternatively, they can make a freedom of
information request to the Controller General of the Nigerian Prisons Service
for information on the status of Kabiru Sokoto.
Thankfully, while I was writing this article, the spokesperson of the
Nigerian Prisons Service, Biyi Jeje, put the rumours to rest by stating that
Sokoto is still in their custody as reported by Premium Times.
Releasing such a deadly and high ranking terrorist whose atrocious acts
were confirmed by a court of competent jurisdiction will amount to dancing on
the graves of innocent Nigerians who have been murdered by the sect. I do not
believe that President Buhari whose administration has fought a near victorious
war against the Boko Haram insurgents will be so callous and insensitive to
grant pardon to a dangerous person like Kabiru Sokoto who had escaped in 2012
before he was recaptured.
As stated earlier, the President cannot arbitrarily release Mr. Sokoto
or any other person from prison without consulting with the Council of State
after the recommendation of the Presidential Advisory Committee on Prerogative
of Mercy.
It will be criminal for any person, no matter how highly placed, to
release, aid or abet the release of any prisoner without following the due
process of the law. President Buhari should not be associated with such
profanity.
We can constructively criticise the President on issues and policies
that affect our collective wellbeing as a people. However, the deprecatory
attempt to scandalise President Buhari to score a cheap political goal is
condemnable and unacceptable.
This is dirty politics and sheer hatred for President Buhari taken too
far.
Thank you.
Inibehe Effiong is a Legal Practitioner and Convener of the Coalition
of Human Rights Defenders (COHRD) and can be reached at:
inibehe.effiong@gmail.com
No comments:
Post a Comment