By Henry Ojelu
When President Bola Tinubu introduced the pardon of 175 ex-convicts earlier this month below the Federal Authorities’s Prerogative of Mercy, the gesture was anticipated to reveal compassion, align with the administration’s dedication to justice reform, and decongest overcrowded correctional centres throughout the nation.
However as an alternative of applause, the choice stirred intense controversy, rekindling previous questions concerning the abuse of govt clemency and the ethical implications of pardoning people convicted of significant crimes akin to drug trafficking, fraud, and even homicide.
Whereas the Presidency insisted that the transfer adopted due course of and was accredited by the Nationwide Council of State, many Nigerians, particularly legal professionals, human rights advocates and anti-corruption teams argued that the listing of beneficiaries betrays the moral foundations of justice.
The pardoned people included these convicted for non-violent offences, inmates who had proven “exceptional reform,” and individuals of superior age or unwell well being. Nonetheless, public consideration was extra on a subset of names, particularly these convicted of drug trafficking, monetary fraud, and violent crimes.
Some civil society teams argued that releasing such convicts undermined the nation’s anti-corruption and anti-narcotics campaigns. The Nigeria Labour Congress, NLC, and several other human rights our bodies described the pardon as “a reward for criminality” and “a slap within the face of regulation enforcement businesses.”
AGF’s clarification
In response to mounting criticism, the Legal professional-Basic of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, issued an in depth clarification, insisting that President Tinubu’s motion was guided strictly by the regulation and that the ultimate listing of beneficiaries was nonetheless being reviewed.
Fagbemi defined that though the Council of State had accredited suggestions for clemency, the ultimate stage requires an in depth evaluation to make sure all names adjust to authorized and procedural requirements.
“The Workplace of the Legal professional-Basic of the Federation and Minister of Justice needs to make clear that no inmate accredited for clemency below the latest train of the President’s energy of prerogative of mercy has been launched from custody.
“The method stays on the closing administrative stage, which incorporates a typical evaluation to make sure that all names and suggestions absolutely adjust to established authorized and procedural necessities earlier than any instrument of launch is issued,” he acknowledged.
He famous that the issuance of the instrument of implementation marks the final part of the method, after which the Controller-Basic of the Nigerian Correctional Service can be authorised to behave.
Historic perspective
Nigeria’s constitutional democracy has a protracted and controversial relationship with presidential pardons. The ability of pardon, rooted in Part 175 (1–3) of the 1999 Structure, permits the President to grant a pardon, both unconditional or conditional, to any particular person convicted of an offence created by an Act of the Nationwide Meeting.
The supply additionally permits the President to substitute a much less extreme punishment for one imposed by a courtroom.
Nonetheless, as authorized students typically notice, the spirit of the regulation presumes such mercy to be utilized prudently—particularly for circumstances involving miscarriage of justice, previous age, terminal sickness, or demonstrable rehabilitation.
In follow, nonetheless, Nigerian presidents have typically used the ability to reward political allies or rehabilitate disgraced public figures.
Former President Goodluck Jonathan’s 2013 pardon of ex-Bayelsa Governor Diepreye Alamieyeseigha, convicted for corruption, stays one of the vital notorious examples. The choice, broadly condemned at residence and overseas, was seen as a political favour that broken Nigeria’s anti-corruption picture.
President Olusegun Obasanjo additionally confronted criticism for granting clemency to sure politically uncovered individuals. Equally, the late President Muhammadu Buhari’s 2022 pardon of former governors Joshua Dariye (Plateau) and Jolly Nyame (Taraba)—each serving jail phrases for corruption—triggered outrage.
Legal professionals react
Whereas opinions differ on the legality of Tinubu’s motion, the consensus amongst many legal professionals is that legality doesn’t essentially translate to morality.
The President’s motion failed moral take a look at—Edun, SAN
Human rights lawyer and Senior Advocate of Nigeria, Kunle Edun, condemned President Tinubu’s determination, arguing that it undermines public morality and the integrity of the justice system.
“In fact, the President has the discretion to find out who to grant mercy or pardon. However being a frontrunner elected by Nigerians and holding energy in belief for the individuals, shouldn’t such selections be taken after deep consideration of their influence on society, victims, and moral values?”
Edun questioned why a lot of these pardoned had been people convicted of grave offences. “Majority of the names in that listing actually do name for concern for all Nigerians. If we’re critical about moral values, then we should ask ourselves: what message are we sending? Are we saying integrity, honesty, and onerous work now not matter?”
He added that the President’s advisers “failed to point out true patriotism and dedication to the beliefs that maintain a nation.
“On this, our President didn’t do properly.We can not declare to advertise nationwide reorientation whereas rewarding wrongdoing,” he concluded.
Nigeria sending sign that crime pays—Oshoma
Public affairs analyst and lawyer, Liborous Oshoma, provided a extra scathing critique, describing Nigeria as “a rustic of weekly dramas.”
“No one is saying the President doesn’t have the constitutional energy to grant pardon. Part 175 is evident on that. The problem is the style it’s exercised and to whom the mercy is prolonged,” he mentioned.
Evaluating Nigeria’s method to worldwide requirements, Oshoma mentioned: “In America, you could have served a part of your sentence, proven regret, and met strict standards earlier than you could be pardoned. However right here, we noticed individuals convicted as lately as 2023—some for medication, fraud, even homicide—being freed in a single blanket declaration.”
He warned that such actions erode public belief and embolden criminals.
“What you’re telling regulation enforcement officers is that their work is meaningless. Tomorrow, somebody who murders his spouse or steals billions may simply stroll free due to political affiliation. That’s a horrible precedent.”
Oshoma recalled how these now in energy as soon as condemned Jonathan’s pardon of Alamieyeseigha. He mentioned: “They’ve taken hypocrisy to a different stage. If this pattern continues, we would as properly grant pardon to each convicted kidnapper and drug lord. What message are we sending to our youngsters?”
Prerogative of Mercy have to be clear, humane—Ufeli
Constitutional lawyer and human rights advocate, Evans Ufeli, approached the difficulty from a procedural and institutional perspective.
He mentioned: “The prerogative of mercy is designed to mood the rigidity of the regulation—to proper wrongs, appropriate miscarriages of justice, or reply to humanitarian considerations. It’s a significant a part of the justice system.”
Ufeli emphasised, nonetheless, that the absence of statutory pointers makes the method weak to abuse. In line with him: “There’s no uniform process nationwide. Typically, the method lacks transparency, clear standards, or sufferer enter. This breeds suspicion and politicization.”
He urged the federal government to undertake reforms that might make the system extra accountable. “We want statutory requirements, unbiased advisory panels with authorized and medical consultants, revealed timelines, and mechanisms for victims’ enter. Mercy mustn’t undermine justice. As a substitute, it ought to replicate equity, humanity, and public confidence,” he acknowledged.
Tinubu’s motion’ll undermine justice, encourage lawlessness—Inibehe
Human rights lawyer, Inibehe Effiong, condemned the President’s latest determination describing the transfer as one that may embolden criminality and weaken Nigeria’s justice system.
Effiong mentioned though the President is constitutionally empowered below Part 175 of the 1999 Structure to train the prerogative of mercy, such discretion have to be used judiciously. He warned that indiscriminate pardons ship a harmful message to regulation enforcement businesses and the general public that crime can go unpunished.
In line with him, a presidential pardon “extinguishes” a convict’s legal document and historical past, successfully erasing the results of their actions. He questioned the motive behind extending clemency to individuals who, in his view, don’t deserve it. “It’s curious that the President and his committee selected to pardon people who haven’t merited it,” Inibehe mentioned.
Whereas acknowledging that sure pardons, akin to these granted posthumously to the late Basic Mamman Vatsa and members of the Ogoni 9, could possibly be morally justified, he argued that extending the identical leniency to drug traffickers and convicted murderers undermines nationwide safety and the justice system.
Inibehe particularly criticised the pardon of Maryam Sanda, convicted in 2020 for killing her husband, questioning what message it sends to victims and their households.
He additionally dismissed claims that the pardoned inmates had been reformed, saying there’s “hardly something correctional concerning the Nigerian Correctional Service.”
Though he conceded that President Tinubu has constitutional authority to grant pardons, Inibehe cautioned that such energy shouldn’t be exercised carelessly.
“The message being despatched right now is that victims have been relegated whereas criminals can have a discipline day,” he concluded.
The submit Mercy on trial: Legal professionals query ethics of Tinubu’s pardon appeared first on Vanguard Information.
