July 07, (THEWILL) – A Senior Advocate of Nigeria and 2023 gubernatorial aspirant in Plateau State, Garba Pwul, has faulted senator Joshua Dariye’s continued incarceration, as he states that his release from prison shouldn’t have delayed for more than 24 hours after a pardon was pronounced by the President.
Barrister Pwul said the President being the highest constitutional authority in the country, no other interest or authority can surpass a presidential order, especially one such as this pardon that is backed by a resolution of the National Council of State.
He said, “once a presidential pardon is pronounced, it takes immediate effect. There is no higher authority than the president, who will approve or disapprove.
Having received a presidential pardon with the approval of the Council of State, the matter is completely conclusive. Dariye is supposed to see the light of day within twenty four hours. Nobody can sit on top of that amnesty.
“if in spite of the amnesty, Dariye is still being held, then there is more to it than meets the eye. As far as I’m concerned, the amnesty is completely conclusive. It is no longer a matter of procedure. After that day, the next day Dariye should have left the prison.
“My advice is that his lawyer should take the necessary steps to give life to the amnesty that has been granted. Some people believe for political reasons, somebody is sitting on the pronouncement. But nobody has the right to thwart the decision or directive of the President”, Pwul stated.
He also noted that, “if there is anything wrong, somebody somewhere is being disobedient, or somebody somewhere is sabotaging. And this is something his lawyer should unravel. It is part of his duty. So, I’m saying, not only to his lawyer, but to the entire country and the Presidency in particular, it is improper that the President will make a pronouncement or decision, backed by the National Council of State, and nothing is being done, and nobody is asking a questions.”
He described Dariye’s continued detention after the pronouncement as “contempt and disrespect”, and Dariye’s counsel should be able to trace and hold somebody responsible for this delay, including approaching the court for redress and remedies over false imprisonment.
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