Revisit Presidential Pardon List, Falana Urges Federal Government
Prominent human rights lawyer, Femi Falana, SAN, has called on the Federal Government to withdraw and reassess the list of individuals recently granted presidential pardon by President Bola Tinubu.
In a statement issued on Thursday, Falana said the review was necessary to uphold justice and maintain national integrity. While acknowledging that the Constitution empowers the President to grant pardons, reprieves, and commutations for offences under federal law, the Senior Advocate expressed concern that the list reportedly includes individuals convicted of serious crimes such as corruption, drug trafficking, armed robbery, terrorism, and murder.
Falana stressed that the inclusion of such offenders undermines public confidence in the justice system. He advised that the Prerogative of Mercy Committee should instead recommend to state governors to exercise their powers under Section 212 of the 1999 Constitution in granting pardons to those convicted under state laws.
Meanwhile, the Office of the Attorney-General of the Federation (AGF) and Minister of Justice clarified that no inmate approved for clemency has yet been released.
In a statement signed by the AGF, Prince Lateef Fagbemi (SAN), the ministry explained that the process is still undergoing a final administrative review to ensure compliance with all legal and procedural standards. “It is important to note that the final stage of the exercise, after the Council of State’s approval, involves the issuance of the official instrument for each beneficiary,” Fagbemi said. “This step allows for further scrutiny of the list to correct any errors before forwarding it to the Controller-General of Corrections for implementation.”
Fagbemi added that the verification process is a crucial part of maintaining transparency and due diligence in the clemency process, assuring Nigerians that the government is committed to ensuring fairness and accountability in the exercise of the presidential prerogative of mercy.
In further highlighting the potential misuse of the presidential pardon, Falana pointed out that the Prerogative of Mercyis fundamentally intended for individuals whose convictions may have been wrongful, those who’ve shown exemplary rehabilitation, or for elderly and infirm prisoners deserving of compassion, not as a blanket amnesty for persons convicted of grave offenses against the state and its citizens. He argued that pardoning those who committed crimes that severely destabilized the nation or siphoned off public wealth sends a disturbing message that serious accountability can be sidestepped, ultimately cheapening the value of the judicial process and emboldening potential offenders. This critical oversight, he maintains, is why a comprehensive and publicly transparent review, guided by ethical considerations and the true spirit of justice, is indispensable.
