Tuesday, April 2, 2013

Olagbaju's Murder and Aregbesola's abuse of power (first posted in 2012)

TEN years ago, a lawmaker in the Osun State House of Assembly was brutally murdered by hoodlums. The hacking to death of Hon. Odunayo Olagbaju in broad daylight, in front of a police station in Ile-Ife, Osun State, shocked the whole country both for its gruesomeness and brazenness.
In Nigeria, victims and their families, rarely receive justice. Suspected assassins are not apprehended by the law enforcement agents and brought to book, through thorough and painstaking investigations. The laxity in the criminal justice system allows many political crimes to go unsolved.   However, in the murder of Olagbaju, a rare case of justice was served.
  The family was provided some comfort when two of the suspects were eventually caught, tried and convicted of the murder in a court of law in 2006. Both men were handed the death penalty for their roles in the murder. This sentence renewed public confidence in the criminal justice system and the judiciary. Quite unfortunately, however, this mileage gained by the criminal justice system was diminished, recently, when, as part of the activities marking his first year in office, Governor Rauf Aregbesola of Osun State exercised the power of 'Right of Prerogative of Mercy', to grant state pardon to the convicted killers of Olagbaju. This singular executive act by Aregbesola, has sent shock and outrage through the South-West, especially within late Olagbaju's household and community. Incidentally, it was during the activities to mark the 10th year anniversary of Olagbaju's demise, that the state pardon was granted.  Political analysts argue that this step by Aregbesola is inhumane and reeks of political malice. We believe that Aregbesola, for political reasons, has wielded his executive powers unreasonably to serve double anguish to the late legislator's widow and children.  His decision to grant state pardon to the condemned criminals was as insensitive as it was wrong-headed.It would be recalled that Olagbaju's death sparked a series of communal clashes and violence.  This act by the Governor does nothing to douse the emotions that erupted with the killing, ten years ago, of Olagbaju. On the contrary, it is already opening old wounds and creating tension where peace had already ensued when justice was not only done but seen to have been done.This needless and baseless pardon has sent very wrong signals to the general public, to wit: that murders and assassination could be committed will-nilly; and that perpetrators of such deeds with the right political connections - in the event that they are caught and convicted - could regain their freedom.  This decision, could encourage other aggrieved persons to resort to self-help, instead of having confidence in the law. Commuting the death sentences of the convicted killers, to life imprisonment, would have been a better and safer option. That way, the Olagbaju family possibly would not have felt robbed once again or that justice for their loved one had been sacrificed on the altar of politics. The fundamental questions to raise are the following: Where are the ideals of justice and equity that Aregbesola solemnly swore to uphold by his oath of office? Was the Governor saying that the criminal justice system that saw to the conviction and sentencing of those criminals was faulty and unjust? Which superior fact or evidence did the Governor discover or rely upon to make this heartless decision and so blatant abuse of power? We roundly condemn this abuse of  power.The exercise of the power of the prerogative of mercy is a sensitive and vital tool, which is constitutionally placed in the hands of the Executive to be used judiciously, in good conscience and for the public good. It should never be employed as a weapon to score cheap political points; nor should it be wielded to gain undue advantage within the political space or curry favour amongst political acolytes.
Source:www.nigeriancompass.com

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