The Federal Government’s Clemency Process and Public Reaction
The federal government has stated that the process for granting clemency to Maryam Sanda and 81 others has not yet been completed. President Bola Ahmed Tinubu had issued a presidential pardon and clemency to 175 individuals following the endorsement of the recommendations from the Presidential Advisory Committee on the Prerogative of Mercy (PACPM) by the National Council of State, which met last week.
According to a statement released by the presidential spokesman, Bayo Onanuga, the committee reviewed 294 cases and recommended clemency for 82 inmates, pardon for 2, reduction of prison terms for 65, commutation of 7 death sentences to life imprisonment, and posthumous pardons for 15 ex-convicts, including the Ogoni Nine.
In a recent statement, the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, emphasized that the exercise had not been concluded. This comes as some lawyers have criticized the announcement of the clemency review, alleging it was an attempt to mislead Nigerians.
There has been public outcry over the list of beneficiaries of the presidential pardon or clemency, with many Nigerians questioning the rationale behind the decision. Fagbemi clarified that no inmate approved for clemency under the recent exercise had been released from custody.
He added:
“The process remains at the final administrative stage, which includes a standard review to ensure that all names and recommendations fully comply with established legal and procedural requirements before any instrument of release is issued. 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 concerning each beneficiary. This stage affords an opportunity for a final look at the list for remedial purposes, if any, before the instrument is forwarded to the Controller-General of Corrections for necessary action. This verification process is part of the standard protocol and reflects the government’s commitment to transparency and due diligence.”
Fagbemi also acknowledged the public’s vigilance and constructive feedback, which he said continues to strengthen institutional integrity. He noted that public engagement is always welcome, as it demonstrates that Nigerians care deeply about justice and good governance.
He reiterated that there is no delay in the process; it 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 informed.
The Beneficiaries of the Clemency
Among the 82 persons granted clemency are:
- Maryam Sanda, aged 37, sentenced to death in 2020 for culpable homicide and had spent six years, eight months at Suleja Medium Security Custodial Centre.
- Aluagwu Lawrence, aged 47, sentenced for Indian hemp (selling) in 2015.
- Ben Friday, aged 60, sentenced to 3 years or N1.3 million fine for marijuana in 2023.
- Oroke Micheal Chibueze, aged 21, sentenced to 5 years (cannabis sativa) in 2023.
- Kelvin Christopher Smith, aged 42, sentenced to 4 years for importing cocaine in 2023.
- Azubuike Jeremiah Emeka, aged 31, sentenced in 2021 to 5 years or N3 million fine for importing cocaine.
Other beneficiaries include:
- Akinrinnade Akinwande Adebiyi, aged 47, sentenced in 2023 to 3 years for dealing in Tramadol.
- Ahmed Adeyemo, aged 38, sentenced to 15 years for cannabis possession.
- Adeniyi Jimoh, aged 31, sentenced to 15 years for drugs in 2015 and served nine years at Kirikiri.
- Seun Omirinde, aged 39, sentenced to 15 years for drugs in 2015, served nine years at Kirikiri.
- Adesanya Olufemi Paul, aged 61, sentenced to 14 years for theft and served eight years.
Additional names include:
- Ife Yusuf, aged 37, sentenced for human trafficking in 2019, served six years at Kirikiri.
- Daniel Bodunwa, aged 43, sentenced in 2018 to 10 years for fraudulent intent to forge a land receipt, served six years in jail.
- Fidelis Michael, aged 40, sentenced to 5 years for cannabis sativa.
- Suru Akande, aged 52, sentenced to 5 years for cannabis sativa.
- Safiyanu Umar, aged 56, sentenced to 5 years without the option of a fine for possessing 5kg of Cannabis sativa, 2023.
Those granted pardon include:
- Farouk M. Lawan, aged 62, sentenced to five years in 2021 for corrupt practices.
- Nweke Francis Chibueze, aged 44, serving a life sentence at Kirikiri for drug-related offense.
- Dr Nwogu Peters, aged 67, serving a 17-year jail term for fraud.
Posthumous pardons were given to:
- Sir Herbert Macaulay, banned from public office for misappropriation of funds and sentenced in 1913 by the British colonialists.
- Major-General Mamman Jiya Vatsa, age 46, sentenced in 1986 for treason over an alleged coup plot.
- The Ogoni Nine.
Legal Reactions to the Clemency Review
Lawyers have criticized the announcement of the clemency review, calling it an attempt to mislead Nigerians. Gabriel Egbule pointed out that this is the first time the process has been subjected to a review after the announcement.
Jibrin Jibrin described the review as strange because the committee should have recommended to the president and the Council of State after verifying the details of all convicted persons before the president would act and approve the same.
EMD Umukoro questioned the morality and propriety of pardoning convicts whose past actions pricked the conscience of the nation. He also noted that previous governments have followed a similar process.
Dayo Akinlaja (SAN) argued that nobody should complain about the government’s decision since it is an executive act within its whims and caprices.
