The Ogoni Central Indigenous Authority (OCIA) rejected President Bola Ahmed Tinubu’s presidential pardon and national honour for Ken Saro-Wiwa and eight compatriots.
Dr. Goodluck Diigbo, OCIA President, stated in an online interview that the President’s gesture was misplaced and misguided. He emphasized that the Ogoni-9 never committed any crime against Nigeria to warrant a pardon or recognition. Instead, he insisted they should receive exoneration for the wrongful accusations against them.
Diigbo expressed his belief that President Tinubu genuinely wants to close this sad chapter of Nigeria’s history to placate the Ogoni people. However, he criticized the President for failing to thoroughly scrutinize the case of the Ogoni 9 before making his decision.
He warned that “Tinubu may face trouble with his constitutional power under Section 175 of the 1999 Constitution if detractors challenge the award.” If that occurs, we will end up with a presidential pardon without proper exoneration for the Ogoni-9.
Diigbo explained that the 1999 Constitution grants the President the authority to grant pardons, reprieves, or reduce sentences for infractions established by law. He further noted that the Constitution does not address granting national awards, even posthumously, to individuals deemed criminals.
“I commit myself to exercising moral judgment and scrutiny and conclude that the President’s pardon power raises potential abuse concerns,” he said. “This is because Ken Saro-Wiwa and my other eight brothers have not been exonerated. I believe the pardon and award can be challenged in a legitimate court of law in Nigeria.”
He added that Tinubu’s administration might easily lose such a challenge as it could act outside the law and its powers outlined in Nigeria’s 1999 Constitution.
“It will be too late for us to reject the pardon and award. For the pardon and award to be genuine, my brothers must first be exonerated,” he asserted. Since the outdated 1999 Constitution lacks provisions for exoneration, it does not prevent the President from creating an Exoneration Administrative Framework through a resolution adopted by the National Assembly.
This framework would express regret and profound apology for the Nigerian state-sanctioned murder of the Ogoni and thousands of unnamed heroes who joined our just cause.
Diigbo mentioned that “Such an Exoneration Administrative Framework would provide comfort within the constitutional provisions. I have begun pursuing such a mechanism to legitimize the pardon and award.”
He confirmed that he has contacted members of the House of Representatives but cannot disclose specifics at this time.
He informed the Ogoni General Assembly that “our people currently reject the presidential pardon and award extended to Ken Saro-Wiwa and our eight brothers.”
“Our position is that Ken and my eight executive members were hanged without proper judicial process, which prejudged their guilt and murdered them unjustly. Our people will recognize Tinubu’s good intentions at the appropriate time.”
The OCIA President lamented that former President Goodluck Jonathan failed to acknowledge Tinubu’s efforts towards justice. “Jonathan promoted criminal judicial operatives like Auta, who orchestrated the Kangaroo Tribunal Hanging to Death Order. It was particularly upsetting, but I understand the immense pressure faced by former President Jonathan.”
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