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Nairaland Forum / Nairaland / General / Politics / Federalism: Can states prosecute corrupt presidential pardoned governors? (1517 Views)
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Federalism: Can states prosecute corrupt presidential pardoned governors? by Blue3k(m): 6:06pm On Apr 16, 2022 |
The President shouldn't have the power to pardon criminals for state level crimes. Just like the Governors shouldn't be able pardon federal criminals. Since Nigeria is federal republic powers are divided between different tiers of government with some overlap. In the case of pardons their shouldn't be since presidential pardons only apply to laws created by National Assembly. Section 175 of the Constitution on prerogative of mercy provides that: ” (1) the President may- (a) grant any person concerned with or convicted of any offence created by an Act of the National Assembly a pardon, either free or subject to lawful conditions; (b) grant to any person a respite, either for an indefinite or for a specified period, of the execution of any punishment imposed on that person for such an offence, (c) substitute a less severe form of punishment for any punishment imposed on that person for such an offence; or (d) remit the whole or any part of any punishment imposed on that person for such an offence or of any penalty or forfeiture otherwise due to the State on account of such an offence. Buhari has recently pardoned former governor of Taraba Rev Jolly Nyame. He was convicted by the EFCC for criminal breach of trust, misappropriation, gratification and obtaining valuable public properties without consideration. Legally Buhari is in his right pardon this criminal. That said there's nothing stopping the State government bringing fresh charges. This wouldn't be double jeaprody because its a different tier of government convicting him. The problem with Nigerians is they want federal solutions to local issues. Why didn't the state prosecute this crook and lock him away? If the people of Taraba are offended by this pardon its not too late to prosecute him using the EFCC play book. The Penal code Section 308 and 309 cover criminal misappropriation. Section 312 covers criminal breach of trust. The state should do what ever is necessary to achieve this outcome. Front page: Lalasticlala Mynd44 1 Like 1 Share
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Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by NwaNimo1(m): 6:10pm On Apr 16, 2022 |
Buhari does what he likes...even convicted terrorists are pardoned by the tyrant. [img]https:///media/4-14-2022/2EdHED.gif[/img] 1 Like |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by Blue3k(m): 6:16pm On Apr 16, 2022 |
NwaNimo1: So what stopping any state from handling the prosecutuons themselves? Only the gullible or the foolish thought Buhari was going to handle these issues. I just find it weird Falana is saying the more criminals should be pardoned instead telling states to handle business. |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by Crizzycross: 6:22pm On Apr 16, 2022 |
I'm not sure buhari has regards for the principles of the rule of law. He does whatever he likes. 1 Like |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by ivolt: 6:24pm On Apr 16, 2022 |
Blue3k:Can you cite what state law the ex-governors broke? |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by Blue3k(m): 6:29pm On Apr 16, 2022 |
ivolt: Are you asking me to cite the state law? I already cited the federal law he was convicted on. I don't know taraba law but I doubt what he did was legal. |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by ivolt: 6:37pm On Apr 16, 2022 |
Blue3k:Taraba is still operating under the inherited penal code. Even the southern states with more progressive laws can't successfully try those governors. It is not enough to call someone a thief, you need to actually point to a specific crime in the book and provide real evidence of commission. Assuming they have the will, no Nigerian state currently has the resources to prosecute a financial crime against a political bigwig. How would they even get the accused bank records both local and foreign? Who would handle the investigation? Federal police? |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by kingsman66(m): 6:40pm On Apr 16, 2022 |
The president federal Republic of Nigeria has the fundamental right to grant presidential pardon to any state convicted criminal freedom..... Know this and know peace |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by Nobody: 7:00pm On Apr 16, 2022 |
You know where to find the law, you've found the law but it seems as though you don't understand the law. The EFCC and ICPC are responsible for offences relating to misappropriation and embezzlement of public funds. The legislations creating EFCC and ICPC were enacted by the National Assembly and assented to by the President. The best a diligent state government can do is to investigate a corrupt official and report the official to any of the Federal Anti-graft Agencies. Also, pardon has the same effect as previous conviction regarding the rule against double jeopardy. A person who is pardoned cannot be tried for the same offence he was pardoned for. |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by Mooh247: 7:06pm On Apr 16, 2022 |
Yes the President has prerogative of mercy on all criminals under his Sovereignty |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by Blue3k(m): 12:26am On Apr 17, 2022 |
ivolt: State prosecutors do just like federal prosecutors used police evidence. I dont see the resources as an issue. The only argument I can partially agree with law aspect but that easily solved by passing a law if current one fail. All that solution does is lead to another excuse to why the federal government need to act for them. ETHICALLYrlght: Your initial claim is wrong. I do know where it came from and said Buhari was in his right. You got lazy half way through reading and started making a strawman argument. I disagree with that arguement this amount to double jeaprody considering it not the same law or even tier of government convicting him. Dual sovereignty is the reason they can both protective. As we read seen in the president cab not pardon anyone for a state crime anyway so the arguement doesn't even make sense. Section 175 of the Constitution on prerogative of mercy provides that: ” (1) the President may- (a) grant any person concerned with or convicted of any offence created by an Act of the National Assembly a pardon, either free or subject to lawful conditions |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by Blue3k(m): 12:27am On Apr 17, 2022 |
kingsman66: Not at all read the constitution. Section 175 of the Constitution on prerogative of mercy provides that: ” (1) the President may- (a) grant any person concerned with or convicted of any offence created by an Act of the National Assembly a pardon, either free or subject to lawful conditions Mooh247: Facts. |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by kingsman66(m): 2:06am On Apr 17, 2022 |
Blue3k: Please let me ask you , who is the chief custodian of this great con3?. Any law made by the "house" or red chamber without the president signature is void and empty. Learn this today my friend they president has the right to pardon any law breaker with veto power authority...... Let me stop here for now anyways happy Easter bro |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by Blue3k(m): 3:07am On Apr 17, 2022 |
kingsman66: You can repeat a lie all you want the constitution is the law of the land and has debunked your nonsense. You're wrong again a presidential veto overide can be done by NASS with 2/3 majority in both houses. This happened in 2000 resulting in NDDC act becoming law. This is basic civics and recent history but you'd rather worship the office of the presidency during Easter. |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by Mynd44: 4:19am On Apr 17, 2022 |
This entire thread is a sham and a huge lie. The president did not pardon Nyame where you people got it from remains a myth to me as even the thread we sent to front page on Nairaland said it clearly that he got presidential pardon from the Nigerian Council of State. https://www.nairaland.com/7078600/jolly-nyame-gets-presidential-pardon It will not kill you to have read the original story and read more on the NCS before coming here to lie (please recall that rule 8 is still in effect) FYI The Council of State consists of the following persons: As for their duties (Note The boldened) [The council has the following responsibilities:https://en.m.wikipedia.org/wiki/Council_of_State_(Nigeria) So note that every state governor is a member of the NCS so they all inouted meaning they all granted Nyame who was one of then pardon. Coming here to claim the president pardoned Nyame is either ignorant or deceitful. Choose one And before you quote the constitution and mention section. 175, remember some of us actually read the constitution and we can quote it, we also have a copies of it. Check the pictures below for you to know that even under the constitution, the resident can never pardon anyone by himself meaning that Jolly Nyame's pardon was done by everyone not only Buhari. 1 Like
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Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by ivolt: 5:50am On Apr 17, 2022 |
Blue3k:You are asking the state to prosecute the accuse base on laws that doesn't exist yet and using resources that is not yet available. Also, the federal police handles investigation and prosecution for criminal case. Any changes to state's law now will only apply to future offenders. |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by Blue3k(m): 8:26am On Apr 17, 2022 |
Mynd44: Lol dont make empty threads either enforce the rule be quiet. The council only exist as advisors they aren't his bosses that order him to around. At the end of the day he did pardon him and if he disagreed he simply wouldn't. Your arguement is simply deflection. 1 Like |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by kingsman66(m): 8:34am On Apr 17, 2022 |
Blue3k:
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Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by Blue3k(m): 9:35am On Apr 17, 2022 |
ivolt: Not going back and forth on resources. State prosecutors work with federal government all the time this wouldn't be different. Your point about it being an ex post facto law is good one I'd have think about. Criminal Misappropriation and Criminal Breach of Trust are in the penal code so the laws exist and are the similar to what he was already convicted of. If they need to be updated that's fine. I dont think that would subject it to being ex post facto. |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by Blue3k(m): 3:28pm On Apr 17, 2022 |
kingsman66: I cite the constitution then you cite Wike to justify lying weird. |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by Blue3k(m): 8:40pm On Apr 17, 2022 |
Crizzycross: Maybe he doesn't but this isn't an example. Fact is he had right to release corrupt individual. The fact he granted the theif a pardon instead of Commuting his sentence exposes him. Anyway if the state prosecuted him the governors would have to pardon him. Sadly the states aren't interested in solving their own problems like they are interested in getting more money. Even the citizens getting fleeced are giving the local & states representatives 101 excuses for failure. |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by Crizzycross: 8:46pm On Apr 17, 2022 |
Blue3k: That's true sir |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by grandstar(m): 8:46pm On Apr 17, 2022 |
Did the president forgive based on principle or for some political or personal leverage? The imprisonment of the 2 governors are a big victory for the war against corruption and locking up a hundred times that figure would have made a serious dent on corruptive tendency His term comes to a screeching halt next year May 28, 2023. He has made many enemies who would be screaming blood. He does not strike me as a man who would fear prosecution. However, I suspect he might be protecting his family. The wife's 50th Dubai birthday is the type of excesses and fruit of corruption he vowed to fight. They may come after his family. The easiest way to become an overnight billionaire under this government was to simply engage in round-tripping of foreign exchange. Buy cheaply at the official rate and sell at a premium at the parallel market rate. His family has the name to buy it ''cheaply'' and resell it to others. 1 Like |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by Crizzycross: 9:06pm On Apr 17, 2022 |
Blue3k: Check email pls |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by Blue3k(m): 9:39pm On Apr 17, 2022 |
grandstar: Lol it seems you're forming a hypothesis. I really don't understand why decided to pardon him instead of Commuting his sentence. There's no good reason to give the rouge a clean record. If this was America I'd just assume someone made agenerous donation to his charity or campaign. My primary issue is the states not handling these corruption cases and Nigerians giving them 101 excuses for them not doing so. It should be obvious to anyone paying attention to faux war on corruption was only for the gullible. The police under his direct control extort drivers at checkpoints. If these check points were so useful northern leaders would be begging for more. |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by Crizzycross: 10:05pm On Apr 17, 2022 |
Blue3k: just read ur mail. Check now for response |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by Crizzycross: 10:52pm On Apr 17, 2022 |
Blue3k: Thanks. I have replied your mail. |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by Crizzycross: 7:21am On Apr 18, 2022 |
Blue3k: Ok |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by Kzinne: 7:31am On Apr 18, 2022 |
Blue3k:rubbish |
Re: Federalism: Can states prosecute corrupt presidential pardoned governors? by simpleseyi: 7:41am On Apr 18, 2022 |
Useless Buhari is full of illegality |
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