Renowned human rights lawyer and Senior Advocate of Nigeria (SAN) Femi Falana has spoken out on the controversy surrounding the pardon granted to Ken Saro-Wiwa and eight other compatriots recently.
According to Falana, the grant of pardon to Ken Saro-Wiwa and eight others does not necessarily imply that they were guilty of the offence and subsequently given pardon.
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Falana clarified while delivering the keynote address at the Ken Saro-Wiwa 30th Anniversary Memorial Lecture with the theme ‘Ken Saro-Wiwa, The Man, His Legacies, Struggles and Challenges at the Weekend’.
There has been controversy about the state pardon granted to the Ogoni Nine by President Bola Tinubu, where Ogoni stakeholders are debating that the FG ought to have exonerated them instead of granting pardon.
But Falana cited the Nigerian Constitution, Section 175, which empowers the president to grant a pardon to individuals who have been convicted but ought not to have been convicted.
The senior lawyer also explained that the Oputa Panel had laid evidence to demonstrate that the Ogoni Four were not killed by the Ogoni Nine but by government forces.
He said, “On the controversial pardon, under the Nigerian Constitution section 175, the President is empowered to grant a pardon to any person who has been convicted but who ought not to have been convicted.
“So, it is not a question of whether, by granting them pardon, the government has come to the conclusion that they committed no offence. That is the provision of the law.”
He emphasised that the panel’s recommendation that it should no longer be referred to as the Ogoni Nine but rather the Ogoni 13 was aimed at uniting the Ogoni people.
“They were also given national honours. You do not give a national honour to criminals. You give to those who have contributed to the development of the country. Also, we were at the Oputa Panel, and we laid evidence to demonstrate that the Ogoni Four were not killed by the Ogoni Nine but by the government.
“So the Oputa Panel recommended that it should no longer be Ogoni 9 but Ogoni 13 so that it can unite the Ogoni people who have been disorganised,” he added.
The renowned human rights lawyer also tasked the Niger Delta stakeholders with starting to call for accountability and justice for the funds accrued to the region.
Falana emphasised that the people of the Niger Delta have no business being poor, given the region’s vast oil wealth.
“You have no business with poverty,” he declared. “People of the Niger Delta have no business with poverty. You should live a life of prosperity based on your wealth, and that is why this brutal exploitation must stop.”
Falana also urged the Rivers State government to enact a law that would ensure special allocation to oil-producing areas from the 13% derivation fund.
He noted that under the Petroleum Industry Act (PIA), 3% of oil company operations should be increased to 5% for host community development and called for accountability in the utilisation of these funds.
He said, “Rivers State, you must have a similar law that will make special allocation to the oil-producing areas of Rivers State out of the 13 per cent derivation.
“Under the Petroleum Industry Act (PIA), section 257 says that 3% from the operation of the oil company will be set aside for the development of the host community. So oil communities should decide to have more than 3 per cent, but by May this year, the CEO of NUPRC announced that about N97 billion and $150 million had gone to the host community; then all of us must be interested and ensure accountability with respect to these figures being announced by the government.”
Speaking about the federal government’s commitment to the Ogoni people, the senior lawyer commended the federal government’s announcement of a university in Ogoniland, describing it as “well-deserved”.
However, he challenged the government to ensure the university’s establishment is backed by law to prevent future governments from reversing the decision.
On the issue of environmental cleanup, Falana lamented that despite Shell’s payment of $1 billion, the federal government had not contributed a dime through the Nigerian National Petroleum Company Limited (NNPCL).
He urged the government to speed up the cleanup process and adopt a resolution mandating progress.
He added, “On the cleanup, which has become a campaign, it is agreed to set a deadline for the government. Because the cleanup is supposed to go on for the next 30 years.
“If, after 11 years, we have made any progress in line with the recommendations of UNEP, only Shell has paid $1bn; the federal government through NNPCL has not contributed a dime. So, we must also adopt a resolution mandating the government to speed up the cleanup. We must ensure that if cleanup does not get to a certain stage, nobody will be allowed.”
Falana concluded by emphasising the need for unity among the people of the Niger Delta and progressive forces in the country to fight for justice and accountability from the government and oil companies.
“The best way to honour the memory of Ken is to unite the oppressed people of the Niger Delta and work together… to fight the government and the oil companies to a standstill,” he declared.
Meanwhile, stakeholders in the Niger Delta region gathered to mark the 30th anniversary of the execution of environmental activist Ken Saro-Wiwa, with tributes pouring in for the legendary leader
Saro-Wiwa, who would have been 84 years old today, was executed on November 10, 1995, for his activism against the exploitation of the Niger Delta’s oil resources.
Akpobari Celestine, Chairman of the Organising Committee, paid tribute to Saro-Wiwa, saying, “Today is October 10; Ken Saro-Wiwa would have been 84 years old today if he had not been forced to die. Ken was a man who loved life. If he were alive, he would have looked younger.”
Rev. Nnimmo Bassey, Executive Director of Health of Mother Earth Foundation (HOMEF), described Saro-Wiwa as a man who saw the future and was firmly planted in the present.
“What he fought for is what we are still fighting for today,” Bassey said.
The anniversary of Saro-Wiwa’s execution highlights the ongoing struggles of the Niger Delta people. Bassey noted that the exploitation of the Niger Delta is designed in the same way colonialism exploited Nigeria. “When the colonial masters came, they came with the military and took our things by force,” he said.
The struggle for environmental justice and human rights continues in the Niger Delta, with activists and community leaders pushing for meaningful change.