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Presidential Pardon: SERAP Wants Section 175 of Constitution Amended

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By Adedapo Adesanya

President Muhammadu Buhari has been advised by the Socio-Economic Rights and Accountability Project (SERAP) to review and withdraw the pardon granted to former governors of Plateau and Taraba States, Mr Joshua Dariye and Mr Jolly Nyame, respectively, who were jailed by the court for corruption.

SERAP is also urging him to “propose a constitutional amendment to the National Assembly to reform the provisions on the exercise of the prerogative of mercy to make the provisions more transparent, and consistent and compatible with Nigeria’s international anti-corruption obligations.”

Last week, the National Council of State endorsed the presidential pardon of Mr Dariye, Mr Nyame and 157 others serving jail terms following the recommendations of the Presidential Advisory Committee on the Prerogative of Mercy.

In the letter signed by SERAP deputy director, Mr Kolawole Oluwadare, the organisation said: “Impunity for corruption will continue as long as influential politicians escape justice for their crimes. The constitutional power of prerogative of mercy ought not to be an instrument of impunity.”

SERAP said, “The pardon power ought to be exercised in a manner that is consistent with the Nigerian Constitution 1999 [as amended], particularly the provisions on oath of office by public officers, and section 15[5] which requires your government to abolish all corrupt practices and abuse of power.”

It also said, “Indeed, the presidential pardon power must be exercised in good faith, and in line with the provisions of Chapter 4 of the Nigerian Constitution on fundamental rights.”

According to SERAP, “We would like your government to clarify if the pardon granted to Mr Dariye and Mr Nyame would entitle them to the return of the stolen assets already forfeited to the government.”

The organisation said, “The pardon also constitutes an interference in the exercise of judicial power. Because the pardon appears to be arbitrary, it undermines the authority and independence of the judiciary and access to justice for victims of corruption.”

The letter, copied to the Conference of the States Parties to the United Nations Convention against Corruption, read in part: “The pardon is clearly inconsistent and incompatible with the requirements of the Nigerian Constitution, and the country’s international obligations including under the UN Convention against Corruption.”

“Presidential pardon for corruption cases is inconsistent with the rule of law, and the public interest, as it undermines the principle of equality before the law. It will undermine public confidence in your government’s fight against corruption, and the justice system.”

“SERAP is concerned that while the pardon power is routinely exercised to shield influential politicians and politically exposed persons from justice and accountability, ordinary people who have committed petty offences but with no money or influential politicians to speak for them, languish in prisons and are rarely considered for pardon.”

“While there is no doubt that Section 175 of the Constitution vests wide discretionary power in the Nigerian president to grant pardon, it does not stipulate the conditions under which such power should be exercised.”

“However, when section 15(5) of the Constitution is read together with the oath, it would seem to impose some ethical conditions on you to ensure that the exercise of the discretionary power of prerogative of mercy is not such that it will encourage corruption or impunity of perpetrators.”

“Mr Dariye and Mr Nyame should have been allowed to complete their jail terms. The exercise of the presidential pardon in their cases would seem to be unfair and undeserving.”

“The investigation and prosecution of the corruption cases involving the pardoned former governors Dariye and Nyame reportedly cost over N300 million of taxpayers’ money. The cases went from the High Court to the Supreme Court of Nigeria.”

“Section 15(5) of the Nigerian Constitution provides that ‘The State shall abolish all corrupt practices and abuse of power.’ Similarly, article 26 of the UN Convention against Corruption requires your government to ensure ‘effective, proportionate and dissuasive sanctions in cases of grand corruption.”

“Article 26 of the convention complements the more general requirement of article 30, paragraph 1, that sanctions must take into account the gravity of the corruption offences.”

“SERAP notes that in your inaugural speech on May 29, 2015, you stated that, ‘We are going to tackle pervasive corruption head on. Nigerians will not regret that they have entrusted national responsibility to us.’”

“However, the latest Transparency International’s Corruption Perception Index shows that Nigeria scored 24 out of 100 points, and ranked 154 out of 180 countries surveyed, falling back five places from the rank of 149 in 2020. This places Nigeria as the second most corrupt country in West Africa.”

“The pardon power, if properly exercised, can help to protect citizens against possible miscarriage of justice.”

“SERAP, therefore, urges you to urgently withdraw the presidential pardon granted to Mr Dariye and Mr Nyame, and to propose amendment to section 175 of the Nigerian Constitution that will make the exercise of the power to pardon more transparent and consistent and compatible with the country’s international obligations.”

“Any proposed amendment should also empower the citizens to challenge the legality of any arbitrary exercise of the power of prerogative of mercy.”

Adedapo Adesanya is a journalist, polymath, and connoisseur of everything art. When he is not writing, he has his nose buried in one of the many books or articles he has bookmarked or simply listening to good music with a bottle of beer or wine. He supports the greatest club in the world, Manchester United F.C.

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Bill Seeking Creation of Unified Emergency Number Passes Second Reading

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By Adedapo Adesanya

Nigeria’s crisis-response bill seeking to establish a single, toll-free, three-digit emergency number for nationwide use passed for second reading in the Senate this week.

Sponsored by Mr Abdulaziz Musa Yar’adua, the proposed legislation aims to replace the country’s chaotic patchwork of emergency lines with a unified code—112—that citizens can dial for police, fire, medical, rescue and other life-threatening situations.

Lawmakers said the reform is urgently needed to address delays, miscommunication and avoidable deaths linked to Nigeria’s fragmented response system amid rising insecurity.

Leading debate, Mr Yar’adua said Nigeria has outgrown the “operational disorder” caused by multiple emergency numbers in Lagos, Abuja, Ogun and other states for ambulance services, police intervention, fire incidents, domestic violence, child abuse and other crises.

He said, “This bill seeks to provide for a nationwide toll-free emergency number that will aid the implementation of a national system of reporting emergencies.

“The presence of multiple emergency numbers in Nigeria has been identified as an impediment to getting accelerated emergency response.”

Mr Yar’adua noted that the reform would bring Nigeria in line with global best practices, citing the United States, United Kingdom and India, countries where a single emergency line has improved coordination, enhanced location tracking and strengthened first responders’ efficiency.

With an estimated 90 per cent of Nigerians owning mobile phones, he said the unified number would significantly widen public access to emergency services.

Under the bill, all calls and text messages would be routed to the nearest public safety answering point or control room.

He urged the Senate to fast-track the bill’s passage, stressing the need for close collaboration with the Nigerian Communications Commission (NCC), relevant agencies and telecom operators to ensure nationwide coverage.

Senator Ali Ndume described the reform as “timely and very, very important,” warning that the absence of a reliable reporting channel has worsened Nigeria’s security vulnerabilities.

“One of the challenges we are having during this heightened insecurity is lack of proper or effective communication with the affected agencies,” Ndume said.

“If we do this, we are enhancing and contributing to solving the security challenges and other related criminalities we are facing,” he added.

Also speaking in support, Senator Mohammed Tahir Monguno said a centralised emergency number would remove barriers to citizen reporting and strengthen public involvement in security management.

He said, “Our security community is always calling on the general public to report what they see.

“There is a need for government to create an avenue where the public can report what they see without any hindrance. The bill would give strength and muscular expression to national calls for vigilance.”

The bill was referred to the Senate Committee on Communications for further legislative work and is expected to be returned for final consideration within four weeks.

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Tinubu Swears-in Ex-CDS Christopher Musa as Defence Minister

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By Modupe Gbadeyanka

The former chief of defence staff (CDS), Mr Christopher Musa, has been sworn-in as the new Minister of Defence.

The retired General of the Nigerian Army took the oath of office for his new position on Thursday in Abuja.

The Special Adviser to the President on Information and Strategy, Mr Bayo Onanuga, confirmed this development in a post shared on X, formerly Twitter, today.

“General Christopher Musa takes oath of office as Nigeria’s new defence minister,” he wrote on the social media platform this afternoon.

Earlier, President Bola Tinubu thanked the Senate for confirming Mr Musa when he was screened for the post on Wednesday.

“Two days ago, I transmitted the name of General Christopher G. Musa, our immediate past Chief of Defence Staff and a fine gentleman, to the Nigerian Senate for confirmation as the Federal Minister of Defence.

“I want to commend the Nigerian Senate for its expedited confirmation of General Musa yesterday. His appointment comes at a critical juncture in our lives as a Nation,” he also posted on his personal page X on Thursday.

The former military officer is taking over from Mr Badaru Abubakar, who resigned on Sunday on health grounds.

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Presidential Directives Helping to Remove Energy Bottlenecks—Verheijen

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By Adedapo Adesanya

The Special Adviser to President Bola Tinubu on Energy, Mrs Olu Verheijen, says Presidential Directives 41 and 42 have emerged as the most transformative policy tools reshaping Nigeria’s oil and gas investment landscape in more than a decade, by helping eliminate bottlenecks.

Mrs Verheijen made this assertion while speaking at the Practical Nigerian Content Forum 2025, noting that the directives issued by her principal in May 2025, are specifically designed to eliminate rent-seeking, slash project timelines, reduce contracting costs, and restore investor confidence in the Nigerian upstream sector.

“These directives are not just policy documents; they are enforceable commitments to make Nigeria competitive again,” she declared.

She noted that before the directives were issued, Nigeria faced chronic delays in contracting cycles, which discouraged capital inflows and stalled major upstream projects.

“For years, investment stagnated because our processes were too slow and too expensive. Presidential Directives 41 and 42 are removing those bottlenecks once and for all,” she said.

According to her, the directives have already begun to shift investor sentiment, unlocking billions of dollars in new commitments from international oil companies.

“We are seeing unprecedented investment inflows. Shell, Chevron and others are returning with confidence because they can now see credible timelines and competitive project economics,” Verheijen said.

Speaking on the link between streamlined contracting and local content development, she stressed that the directives were crafted to reinforce, not weaken, Nigerian participation.

“Local content is not an obstacle; it is a catalyst. It helps us meet national objectives, contain costs, and deliver projects faster when applied correctly,” she explained.

Mrs Verheijen highlighted that the directives complement the government’s data-driven approach to refining local content requirements while ensuring Nigerian talent and enterprises remain central to new investments.

“Our goal is to empower Nigerian companies with opportunities that are commercially sound and globally competitive,” she said.

She pointed to the current spike in industry activity, over 60 active drilling rigs, as evidence that the directives are driving real operational change.

“We have moved from rhetoric to results. These directives have triggered a new cycle of upstream development,” she said.

The energy expert added that the reforms are critical to achieving Nigeria’s production ambition of 3 million barrels of oil and 10 billion standard cubic feet (bscf) of gas per day by 2030.

“To meet these targets, we need speed, efficiency, and collaboration across the value chain. The directives are the foundation for that,” she noted.

She also linked the directives to Nigeria’s broader regional ambitions, including its leadership role in the African Energy Bank.

“With a $100 million facility now launched, we are ensuring that investment translates into jobs, technology transfer, and long-term value for Nigeria,” she said.

Mrs Verheijen concluded by urging the industry to uphold the spirit and letter of the presidential instructions.

“These directives are a collective responsibility. Government, operators, financiers, and host communities must work together to deliver the Nigeria we envision,” she said. “We remain committed to ensuring Nigeria remains Africa’s premier investment destination,” she said.

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