Paragraph 1: The Nigerian Federal Government has initiated the process of granting presidential pardons to convicts across the nation’s correctional facilities. This process is enshrined in Section 175 of the 1999 Constitution, which grants the President the power of prerogative of mercy. To manage this process, the government inaugurated the Presidential Advisory Committee on the Prerogative of Mercy. The committee’s primary responsibility is to review applications for pardon and make recommendations to the President. The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, chairs this committee.
Paragraph 2: The committee members represent various sectors of Nigerian society, reflecting a diverse approach to the pardon process. Representatives include members from law enforcement agencies like the Nigeria Police Force and the Nigerian Correctional Service. The inclusion of the National Human Rights Commission ensures a focus on human rights considerations. Religious representation is provided by the Nigerian Supreme Council for Islamic Affairs and the Christian Association of Nigeria. Further broadening the committee’s perspective are eminent Nigerians, including Justice Augustine Utsaha, Prof. Alkasum Abba, Chief Akinlolu Olujinmi (CON, SAN), and Prof. (Mrs.) Nike Ijaiya.
Paragraph 3: The Secretary to the Government of the Federation, George Akume, highlighted the constitutional basis and operational framework of the committee during the inauguration. He emphasized that the committee’s role is to facilitate a seamless exercise of the President’s power of prerogative of mercy, enabling the President to pardon individuals convicted of offences under federal law. The committee’s four-year tenure allows for a consistent and considered approach to pardon applications throughout the presidential term. Mr. Akume further explained that the committee’s composition reflects the need for diverse perspectives and expertise in making these crucial decisions.
Paragraph 4: The Attorney-General of the Federation, Lateef Fagbemi, acknowledged the significant number of pardon requests already received by his office. He assured the public that the committee would carefully review each application based on its merits and adhere to the principles of objectivity, public interest, and justice. Critically, he emphasized that the committee’s role is not to act as an appellate court, re-trying cases or questioning judicial decisions. Instead, their function is to fulfill the constitutional mandate granted to the President, making recommendations within that specific framework. This clarifies the committee’s position within the legal landscape and reinforces the separation of powers.
Paragraph 5: The committee’s operational plan includes visits to correctional facilities across Nigeria’s six geopolitical zones. This comprehensive approach aims to provide a first-hand assessment of potential pardon candidates, allowing for a more informed decision-making process. The Attorney-General indicated that these visits would strategically build on the previous pardon exercise, suggesting a commitment to continuity and a thorough evaluation of pending cases. By examining conditions and interacting with individuals directly, the committee can gain insights beyond the information presented in written applications.
Paragraph 6: The most recent presidential pardon took place in 2022 under former President Muhammadu Buhari. This pardon, which included 159 convicts, sparked significant public debate, particularly concerning the cases of two former governors, Joshua Dariye and Jolly Nyame. Dariye, the former governor of Plateau State, had been convicted of embezzling N1.16 billion, while Nyame, the former governor of Taraba State, was convicted of misappropriating N1.6 billion. The inclusion of these high-profile figures in the pardon list raised questions about the criteria used in granting clemency and fueled public discourse on the purpose and effectiveness of presidential pardons. This context informs the current committee’s work, highlighting the need for transparency and clear communication regarding the criteria employed in their recommendations.
