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Presidential pardon under review, can be remedied - AGF Fagbemi

Nigeria Clarifies Clemency Process Amid Public Concerns

Following public debate surrounding the recent pardons and clemency granted by President Bola Tinubu, the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), has issued a clarification. He emphasized that none of the inmates approved for clemency have been released from custody, as the process is still undergoing final administrative review.

Fagbemi addressed the concerns arising from the exercise of the President's prerogative of mercy, assuring the public that the process is at its concluding administrative phase. This includes a thorough review to ensure all names and recommendations strictly adhere to established legal and procedural requirements before any release instruments are issued.

Final Stage of Review

"It is important to note that the last stage of the exercise, after approval by the Council of State, is the issuance of the instrument for the implementation of the decision," Fagbemi stated.

This final stage provides an opportunity for a last examination of the list for any necessary corrections or adjustments before the instrument is forwarded to the Controller-General of Corrections for implementation.

Commitment to Transparency

Fagbemi affirmed that this verification process is a standard protocol reflecting the government's commitment to transparency and due diligence.

"The Honourable Attorney-General of the Federation and Minister of Justice appreciates the public's vigilance and constructive feedback, which continue to strengthen institutional integrity," he said. He welcomed public engagement, highlighting that it demonstrates Nigerians' deep concern for justice and good governance.

Due Process and the Rule of Law

Fagbemi refuted any claims of delay, asserting that the process is "simply following the law to the letter to ensure that only those duly qualified benefit from the President’s mercy. As soon as all legal and procedural checks are concluded, the public will be duly informed. The rule of law does not rush; it ensures fairness."

List of Pardoned Individuals

President Tinubu's recent actions involved granting pardons and clemency to a diverse group of individuals, including posthumous pardons and reprieves for current inmates. Some notable cases include:

• Major General Mamman Jiya Vatsa: Posthumous pardon granted to the former military officer who was executed in 1986 following a treason conviction.

• Herbert Macaulay: Posthumous pardon for the prominent Nigerian nationalist and co-founder of the National Council of Nigeria and the Cameroons (NCNC). Macaulay was unjustly convicted by British colonial authorities in 1913, a stigma that remained until this pardon.

• Farouk Lawan: Former member of the House of Representatives, pardoned to facilitate reintegration into society after demonstrating remorse.

• Other Former Convicts: Mrs. Anastasia Daniel Nwaobia, Barrister Hussaini Umar, and Ayinla Saadu Alanamu were also pardoned.

• Nweke Francis Chibueze: Serving a life sentence for drug offenses, was granted a pardon.

• Dr. Nwogu Peters: Pardoned after serving 12 years of a 17-year sentence for fraud.

• The Ogoni Nine: Ken Saro Wiwa, Saturday Dobee, Nordu Eawo, Daniel Gbooko, Paul Levera, Felix Nuate, Baribor Bera, Barinem Kiobel and John Kpuine were formally pardoned.

  • Simultaneously, national honors were awarded to the Ogoni Four: Chief Albert Badey, Chief Edward Kobani, Chief Samuel Orage, and Theophilus Orage.

Clemency for Inmates

In addition to the pardons, President Tinubu granted clemency to 82 inmates and reduced the prison terms of 65 others. Furthermore, he commuted the sentences of seven inmates on death row to life imprisonment.

Presidential Advisory Committee on the Prerogative of Mercy

Bayo Onanuga, the presidential spokesperson, stated that President Tinubu's actions were based on the recommendations of the Presidential Advisory Committee on the Prerogative of Mercy (PACPM). The committee's report was presented to the Council of State, as constitutionally required.

The report detailed the committee's review process:

• Interviews and Applications: The committee interviewed 175 inmates and received 62 applications on behalf of 119 inmates, totaling 294 cases considered.

• Demographics: 160 of the interviewed inmates were male, and 15 were female.

• Recommendations: 82 inmates were recommended for clemency, two for pardon, 65 for reduction of imprisonment terms, and seven death row inmates for commutation to life imprisonment.

• Ex-Convicts: 15 ex-convicts were recommended for Presidential Pardon, including the deceased Ogoni Nine. The Ogoni Four were also recommended for posthumous national honors.

• Total Beneficiaries: The committee recommended a total of 175 beneficiaries.

Criteria for Clemency

The PACPM based its recommendations on the following criteria:

• Age: Inmates aged 60 years and above.

• Health: Inmates suffering from illnesses likely to result in death.

• Young Offenders: Young persons aged 16 years and below at the time of offense.

• Long-Term Convicts: Convicts who have served 10 years or more with a good record.

• Other Convicts: Convicts serving three years or more.

  • Those who have acquired sustainable vocational skills while in correctional centers.
  • Those deemed remorseful.
  • Those recommended for exemplary behavior by Correctional Officers.
  • Nigerian prisoners deported from other countries.

Inauguration of the PACPM

The Presidential Advisory Committee on Prerogative of Mercy (PACPM) was inaugurated on January 15, 2025, by the Secretary to the Government of the Federation, Sen. George Akume, signifying a commitment to justice, rehabilitation, and human rights in Nigeria.

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