✨ Latest News: Mercy on trial: Lawyers question ethics of Tinubu’s pardon

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By Henry Ojelu

When President Bola Tinubu offered the pardon of 175 ex-convicts earlier this month under the Federal Government’s Prerogative of Mercy, the gesture was once as soon as expected to show compassion, align with the coordination’s willpower to justice reform, and decongest overcrowded correctional centres across the country.

But as an alternative of applause, the decision stirred intense controversy, rekindling old-fashioned questions in regards to the abuse of government clemency and the moral implications of pardoning other folks convicted of important crimes similar to drug trafficking, fraud, and even murder.

While the Presidency insisted that the switch followed due process and was once as soon as licensed by the use of the National Council of State, many Nigerians, specifically lawyers, human rights advocates and anti-corruption groups argued that the record of beneficiaries betrays the ethical foundations of justice.

The pardoned other folks built-in those convicted for non-violent offences, inmates who had confirmed “remarkable reform,” and folks of advanced age or in poor health smartly being. However, public attention was once as soon as additional on a subset of names, specifically those convicted of drug trafficking, financial fraud, and violent crimes.

Some civil society groups argued that freeing such convicts undermined the country’s anti-corruption and anti-narcotics campaigns. The Nigeria Labour Congress, NLC, and quite a lot of different human rights our our bodies described the pardon as “a reward for illegal activity” and “a slap inside the face of legislation enforcement companies.”

AGF’s clarification

In response to mounting complaint, the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, issued an extensive clarification, insisting that President Tinubu’s movement was once as soon as guided strictly by the use of the legislation and that the entire record of beneficiaries was once as soon as however being reviewed.

Fagbemi outlined that even though the Council of State had licensed ideas for clemency, the entire degree requires an extensive analysis to verify all names conform to jail and procedural necessities.

“The Office of the Attorney-General of the Federation and Minister of Justice wishes to explain that no inmate licensed for clemency under the brand new exercise of the President’s power of prerogative of mercy has been introduced from custody.

“The process remains at the final administrative degree, which includes a same old analysis to make certain that all names and proposals completely conform to established jail and procedural prerequisites previous than any device of free up is issued,” he discussed.

He well-known that the issuance of the device of implementation marks the overall phase of the plan, after which the Controller-General of the Nigerian Correctional Service can be accredited to act.

Historical point of view

Nigeria’s constitutional democracy has a longer and arguable courting with presidential pardons. The power of pardon, rooted in Section 175 (1–3) of the 1999 Constitution, shall we within the President to grant a pardon, each unconditional or conditional, to any person convicted of an offence created by the use of an Act of the National Assembly.

The provision moreover shall we within the President to interchange a miles much less vital punishment for one imposed by the use of a courtroom docket.

However, as jail scholars forever follow, the spirit of the legislation presumes such mercy to be applied prudently—specifically for cases involving miscarriage of justice, old-fashioned age, terminal illness, or demonstrable rehabilitation.

In follow, on the other hand, Nigerian presidents have forever used the facility 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, remains some of the an important infamous examples. The resolution, widely condemned at space and in a foreign country, was once as soon as spotted as a political favour that damaged Nigeria’s anti-corruption image.

President Olusegun Obasanjo moreover faced complaint for granting clemency to sure politically exposed folks. Similarly, the late President Muhammadu Buhari’s 2022 pardon of former governors Joshua Dariye (Plateau) and Jolly Nyame (Taraba)—every serving prison words for corruption—led to outrage.

Lawyers react

While opinions range on the legality of Tinubu’s movement, the consensus among many lawyers is that legality does no longer necessarily translate to morality.

The President’s movement failed ethical check out—Edun, SAN

Human rights lawyer and Senior Advocate of Nigeria, Kunle Edun, condemned President Tinubu’s resolution, arguing that it undermines public morality and the integrity of the justice machine.

“Of modernization, the President has the discretion to come to a decision who to grant mercy or pardon. But being a pace-setter elected by the use of Nigerians and keeping power in consider for the people, shouldn’t such alternatives be taken after deep consideration of their impact on society, victims, and ethical values?”

Edun questioned why numerous those pardoned were other folks convicted of grave offences. “Majority of the names in that record really do identify for concern for all Nigerians. If we are eager about ethical values, then we must ask ourselves: what message are we sending? Are we saying integrity, honesty, and tough artwork no longer subject?”

He added that the President’s advisers “failed to show true patriotism and willpower to the ideals that take care of a rustic.

“On this, our President did not do smartly.We cannot claim to market it national reorientation while rewarding wrongdoing,” he concluded.

Nigeria sending signal that crime pays—Oshoma

Public affairs analyst and lawyer, Liborous Oshoma, offered a additional scathing critique, describing Nigeria as “a country of weekly dramas.”

“Nobody is saying the President doesn’t have the constitutional power to grant pardon. Section 175 is plain on that. The issue is the way it is exercised and to whom the mercy is extended,” he discussed.

Comparing Nigeria’s finance to worldwide necessities, Oshoma discussed: “In America, you’ll have served part of your sentence, confirmed feel sorry about, and met strict requirements previous than you’ll be able to be pardoned. But proper right here, we spotted other people convicted as simply in recent years as 2023—some for drugs, fraud, even murder—being freed in one blanket declaration.”

He warned that such patterns erode public consider and embolden criminals.

“What you’re telling legislation enforcement officers is that their artwork is meaningless. Tomorrow, someone who murders his partner or steals billions would possibly simply merely walk free because of political affiliation. That’s a terrible precedent.”

Oshoma recalled how those now in power once condemned Jonathan’s pardon of Alamieyeseigha. He discussed: “They’ve taken hypocrisy to some other level. If this development continues, we might in all probability as smartly grant pardon to every convicted kidnapper and drug lord. What message are we sending to our children?”

Prerogative of Mercy must be transparent, humane—Ufeli

Constitutional lawyer and human rights suggest, Evans Ufeli, approached the issue from a procedural and institutional point of view.

He discussed: “The prerogative of mercy is designed to temper the strain of the legislation—to correct wrongs, proper miscarriages of justice, or respond to humanitarian problems. It’s the most important part of the justice machine.”

Ufeli emphasized, on the other hand, that the absence of statutory guidelines makes the plan vulnerable to abuse. According to him: “There’s no uniform procedure nationwide. Often, the plan lacks transparency, clear requirements, or victim input. This breeds suspicion and politicization.”

He prompt the government to adopt reforms that would possibly make the machine additional accountable. “We need statutory necessities, impartial advisory panels with jail and scientific professionals, revealed timelines, and mechanisms for victims’ input. Mercy will have to no longer undermine justice. Instead, it will have to replicate fairness, humanity, and public self trust,” he discussed.

Tinubu’s movement’ll undermine justice, encourage lawlessness—Inibehe

Human rights lawyer, Inibehe Effiong, condemned the President’s recent resolution describing the switch as one that may embolden illegal activity and weaken Nigeria’s justice machine.

Effiong discussed even though the President is constitutionally empowered under Section 175 of the 1999 Constitution to exercise the prerogative of mercy, such discretion must be used judiciously. He warned that indiscriminate pardons send a perilous message to legislation enforcement companies and most people that crime can go unpunished.

According to him, a presidential pardon “extinguishes” a convict’s criminal report and history, effectively erasing the leads to their patterns. He questioned the explanation behind extending clemency to people who, in his view, do not deserve it. “It is curious that the President and his committee decided on to pardon individuals who have no longer merited it,” Inibehe discussed.

While acknowledging that sure pardons, similar to those granted posthumously to the late General Mamman Vatsa and individuals of the Ogoni Nine, could be morally justified, he argued that extending the identical leniency to drug traffickers and convicted murderers undermines national protection and the justice machine.

Inibehe specifically criticised the pardon of Maryam Sanda, convicted in 2020 for killing her husband, questioning what message it sends to victims and their families.

He moreover brushed apart claims that the pardoned inmates had been reformed, saying there is also “hardly ever anything correctional in regards to the Nigerian Correctional Service.”

Although he conceded that President Tinubu has constitutional authority to grant pardons, Inibehe cautioned that such power will have to no longer be exercised carelessly.

“The message being sent in recent years is that victims have been relegated while criminals can have a scaling day,” he concluded.

The put up Mercy on trial: Lawyers question ethics of Tinubu’s pardon appeared first on Vanguard News.

📅 Published on 2025-10-22 23:23:00

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