Human rights lawyer, Femi Falana, SAN has tasked citizens and victims of corrupt deeds of politicians to sue the Federal Government following the granting of state pardon to convicted corrupt former governors.
Falana asked citizens of the states, who ought to have benefited from projects that monies meant for them were syphoned by the politicians who are granted state pardons, to seek redress in the court by challenging the reasons for such pardons.
He stated this on the heels of the pardon granted by the Council of State to former Governors of Plateau and Taraba States, Joshua Dariye and Jolly Nyame respectively and 157 other persons already convicted by the courts of law.
Falana stated this during the University Public Lecture of the Ajayi Crowther University (ACU), Oyo held on the university campus on Tuesday.
He challenged the downtrodden and the oppressed persons to be united in the demands of their rights under the law.
Speaking on the sidelines of the event, Falana said: “By the nature of the state, we’re a capitalist system. You have seen differences between the rich and the poor.
“I’m appealing to the poor, to be united to demand for their lives, just like the rich members and the ruling class are united in exploiting the system to protect themselves and to shield themselves from persecution. And even when they are persecuted very rarely. They have a way of granting themselves pardons.
“So I’m challenging people who constitute the majority in our country to be organized in the demand for their lives. Victims of corruption can see that they have the right to sue. They can sue the federal government.
“It depends on the nature of the pardon. If it’s absolute, then they will be asked to take back what was taken from them.
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“I sue the president from time to time, I cannot sue his person but I can sue him in his official capacity.”
Falana who spoke on the theme, “Sentencing Rich and Poor Convicts in Nigeria: An Unbalanced Scale” noted that all persons who have been convicted and are serving jail terms in prisons while citing sections 17 and 42 which guarantee equal rights and no discrimination for all Nigerians respectively.
He further cited cases where certain politically-exposed persons got lenient sentences including that of the former Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Andre Yakubu; former Minister of Water Resources, Sarah Ochekpe and former Chairman of the Pension Reform Task Team (PRTT), Abdulrasheed Maina among others.
“There should be a stop to the impression that there is a special law for the rich. We have a dysfunctional law system in the country where people commit grievous sins and get away with them. It appears the rich are higher than the law.
“The primary aim of the justice system is to bring people to face the law and if acquitted, we clap for you. The criminal justice system is designed to curb the excesses of society but in Nigeria, the poor only go to prisons to become hardened criminals.
“In this country, poor people go to jail even if there are options of fine but no member of the ruling class goes to prison when there’s an option of fine. The law is not neutral, it is made and enacted by the rich,” Falana stated.
The constitutional lawyer also hinted that he will soon approach the court to seek clarification on whether President Muhammadu Buhari can seek medical treatment abroad when other Nigerians cannot.
He further challenged the government to try politicians who steal public funds more than N1 million under the Recovery of Public Property Act which was retained under the 1999 constitution and not under the Money Laundering Act, adding that the Public Property Act provides for a penalty of life imprisonment as against the two to five years imprisonment provided for by the Money Laundering Act.
The university Vice-Chancellor, Professor Timothy Adebayo, noted that the institution has established a law clinic to provide legal advice for residents of its host communities and provide on-the-field experiences for its law students.
Prof Adebayo noted that the event provided an avenue for the discussion of law issues for academic discussion and advancement.
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