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• ‘Clemency different from state pardon’

A FRESH dimension has been added to the controversy over the state pardon granted by President Goodluck Jonathan on March 12, 2013 to the former Chief of General Staff (CGS), Gen. Oladipo Diya (rtd). Diya also served as the Chief of Defence Staff (CDS) in 1993.

Contrary to insinuations that Diya and others who were implicated in the phantom coup of 1997 during the regime of Gen. Sani Abacha were granted pardon by the Gen. Abdulsalam Abubakar-led administration, the former CDS said he was only given clemency.

During a press conference in Lagos on Thursday, Diya said: “Some people mix up the meaning of clemency and state pardon. What Gen. Abubakar granted us was clemency, which was different from the state pardon President Jonathan granted to others and me on Tuesday, March 12, 2013.”

According to him, “the clemency was the authority vested in the Head of State to release us from our various places of detention. I was released from the Potiskum Prison. If there were no clemency, the sentence would still have been on, which was execution. Our ranks were not restored, nor our entitlements. If what Abubakar granted us was pardon, immediately we were released from prisons, all payments due to us would have followed but that was not done. Even my personal security, the one for my family and my house would have been returned through pardon and not clemency.”

Several newspapers as well as some human right activists and legal practitioners reacted to the pardon, describing it as a “double pardon.”

Diya, however, cleared the issue, saying: “As a former CDS and that, by interpretation, is the highest you can attain professionally in the armed forces. Up till now, policemen are still guarding me and not soldiers. Even the security meant for my house and my family, as a former CDS, has not been restored but now that a pardon has been granted, I would not be surprised if a formal letter is written to me as a former CDS and everything will take proper and official shape from the very date the letter stipulates.”

The former CDS said the President did not err by granting them pardon as “what we were granted before was clemency.”



http://www.ngrguardiannews.com/index.php?option=com_content&view=article&id=117253:this-is-our-first-state-pardon-says-diya-&catid=1:national&Itemid=559

The issue has never been about double pardon
But rather using Diya and co to as a smokescreen to free an international fugitive who looted state resources
Let Alamd go and test his pardon in the US whilst Dariye throws around his legislative immunity in the UK
That's all.

Haters in the house gonna cry on this one so Jonathan was on track on this one Seriously, I love JONATHAN

Is he trying to tell us that those published documents were forged? It is very obvious he's paid to say that he's saying or he's being promised of a lucrative position in the government.

the pardon is not abt you.....u ar just a means to an end.....alams was d main priority......you sir, and others ar just sideshow

emmysenior: Is he trying to tell us that those published documents were forged? It is very obvious he's paid to say that he's saying or he's being promised of a lucrative position in the government.

No sir, the guy is telling the truth.

A man convicted to serve 20 years in prison, can be released after 5 years based on "clemency", though he did not serve the 20 years, he is still an ex-convict. A pardon on the other hand, gives the man a clean slate: he is no longer an ex-convict.

As for your "published documents", there is more to what you see than behind the scenes.

Alams conviction had nothing to do with "corruption". As much we all know that the guy stole money, he did not steal more than Odili, Orji Kalu, etc. He was shown the might hand of the federal government because he dared OBJ. This is not to justify the pardon, but just know that his pardon is more of political moves than what you read on papers.

Alams is a force in the Niger Delta. The federal government need him to keep the equilibrium! Like him or hate him, but that is the way it is.

The Northern elders can stop Boko Haram but they don't want to! Today they are calling for amnesty for the BH, there is more to facts than what you read of the papers.

Before the pardon, Alams cannot raise his head at meetings where you have the likes of OBJ, today, you can be assured that the ND have been raised higher with the Alams pardon.

Besides, for the fact that OBJ who brought Alams down in the name of "corruption" is a senior corrupt officer himself is moving free till now, why won't Alams be free?

The day we are ready to fight corruption, we all will know it, for now, let the ethnic game continue.

Even after this clarification from the horse's mouth, watch out for haters flip flop on this issue. See their previous comments here
https://www.nairaland.com/1225780/diya-adisa-already-pardoned-1999

I remember vividly that the above thread made front page few seconds after it was created. Lets see if this clarification will EVER make front page.
Shame on ALL biased and partisan moderators!

Anyone trying to negate what Diya has said is a born morooooooooon

Sincere 9gerian: Even after this clarification from the horse's mouth, watch out for haters flip flop on this issue. See their previous comments here
https://www.nairaland.com/1225780/diya-adisa-already-pardoned-1999

I remember vividly that the above thread made front page few seconds after it was created. Lets see if this clarification will EVER make front page.
Shame on ALL biased and partisan moderators!

That's all you do, whine like a banshee. U should tell ur paymaster, the scumbag, to purchase nairaland and make you the principal mod so when he farts or screws his wife, or when his big belly son eats his next burger, you can put them on the front page!
Have you ever taken ur tym to go through thread's critical of the scumbag's factual blunders which never made the FP?
Useless retardardling!

I guess many of us are already prejudiced against the president and are quick to judge him.
The fact is that he gave us the reason to believe most of what is written about him because aside from this pardon, he too hasn't given us reason to dis-countenance such news.
There many other proven fraud going on and what with his not wanting to declare his assets too.

The Nigerian Press are nothing but bloody liars.
So many lies are being peddled by our media all in
a ploy to run the government down.

I was shocked to my bones when I saw headlines that Bill Gate
cancelled his vist to Nigeria because of the pardon granted Alamiesegha.
My elder brother who works for Gates foundation in Nigeria was so
surprise about the mischief of our media. Bill Gate's rescheduled
visit had nothing to do with Alam's pardon. My brother told us that Gates foundation
did not want to dabble into local politics and chose to reject
presidency's plea to put up a press statement to clear the air.

omenka:

That's all I do, whine like a banshee. I will tell my paymaster, the scumbag, to purchase nairaland and make me the principal mod so when he farts or screws his wife, or when his big belly son eats his next burger, I can put them on the front page!
I am a Useless retardardling!

Lol...

If Diya and Obj were granted clemncy and obj became president without a state pardon as canvasssed by Diya,why would Diya need a state pardon again when the clemency is enough to give him political power ?

A pardon is the forgiveness of a crime and the cancellation of the relevant penalty; it is usually granted by a head of state (such as a monarch or president) or by acts of a parliament or a religious authority. Clemency means the forgiveness of a crime or the cancellation (in whole or in part) of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning , commutation, remission and reprieves. Commutation or remission is the lessening of a penalty without forgiveness for the crime; the beneficiary is still considered guilty of the offense. A reprieve is the temporary postponement of punishment, often with a view to a pardon or other review of the sentence (such as when the reprieving authority has no power to grant an immediate pardon).

Today, pardons are granted in many countries when individuals have demonstrated that they have fulfilled their debt to society, or are otherwise considered to be deserving. Pardons are sometimes offered to persons who are wrongfully convicted or claim they have been wrongfully convicted. Some believe accepting such a pardon implicitly constitutes an admission of guilt as a pardon does not set aside the conviction, so in some cases the offer is refused. Cases of wrongful conviction are nowadays more often dealt with by appeal than by pardon however, a pardon is sometimes offered when innocence is undisputed to avoid the costs of a retrial. Clemency plays a very important role when capital punishment is applied.

http://en.m.wikipedia.org/wiki/Pardon


Why is Nigerian government washing her dirty linen;trying to sell bullshiit to Nigerians and the outside world.Diya was convicted for a crime with a capital punishment which means clemency was the best thing for him.

However,state pardons are only granted when a person is WRONGFULLY CONVICTED and the last time I checked,Alams was not wrongfully convicted and he didn't get a capital punishment.

What's this crap about state pardon and clemency for fucksake ?

~Bluetooth:


If Diya and Obj were granted clemncy and obj became president without a state pardon as canvasssed by Diya,why would Diya need a state pardon again when the clemency is enough to give him political power ?




http://en.m.wikipedia.org/wiki/Pardon


Why is Nigerian government washing her dirty linen;trying to sell bullshiit to Nigerians and the outside world.Diya was convicted for a crime with a capital punishment which means clemency was the best thing for him.

However,state pardons are only granted when a person is WRONGFULLY CONVICTED and the last time I checked,Alams was not wrongfully convicted and he didn't get a capital punishment.

What's this crap about state pardon and clemency for fucksake ?

Leave them to keep decieving themselves. They think everyone is as retarrded as themselves and the clown frm Utuoke.