The Complexity of Presidential Clemency
The past week has highlighted how easily well-intentioned government actions can be misinterpreted. After a series of presidential pardons and clemencies were granted to several Nigerians and a few foreigners, public reaction was intense. Many commentators and analysts voiced strong opposition, particularly concerning the release of individuals convicted of drug trafficking and capital offenses.
Following consultations with the Council of State on Thursday, October 11, President Bola Tinubu issued reprieves to 175 people. These decisions were based on recommendations from the Presidential Committee on the Prerogative of Mercy, led by the Attorney-General and Minister of Justice, Prince Lateef Fagbemi.
Among those pardoned posthumously were notable figures such as Sir Herbert Macaulay, a prominent nationalist; Major-General Mamman Vatsa, a poet and soldier; Ken Saro-Wiwa, a writer and environmentalist, along with his eight Ogoni activist colleagues; and four Ogoni leaders who had been antagonists to Saro-Wiwa. Additionally, some jailed illegal miners, public officials convicted of corruption, remorseful drug offenders, and capital offense convicts were also included in the list. Among them was Maryam Sanda, who was on death row for killing her husband in a domestic dispute in 2017. The inclusion of these two groups sparked significant debate.
The list of those receiving the presidential reprieve is extensive and covers historical cases. For example, the pardon of Sir Herbert Macaulay addressed a long-standing injustice committed by British colonialists. The case of the Ogoni 4 and Ogoni 9, who were killed during the military regime of General Sani Abacha in 1995, aimed at promoting reconciliation in Ogoniland. This gesture has been widely appreciated in Ogoniland and the broader South-South region.
Presidential Spokesman Bayo Onanuga explained that the clemency was granted because most of the convicts had shown remorse, good conduct, or other mitigating factors such as old age, medical conditions, new vocational skills, or enrollment in the National Open University.
It is important to note that the presidency disclosed the pardon openly and transparently. Unlike some governments that may obscure such lists to avoid controversy, the Tinubu administration has demonstrated a commitment to transparency. There is no evidence of ulterior motives behind the pardons, contrary to some claims.
However, the exercise of the prerogative of mercy is often controversial, both in Nigeria and internationally. A similar controversy arose during the Second Republic when President Shehu Shagari pardoned Chukwuemeka Odumegwu-Ojukwu for his role in the civil war. Similarly, former President Goodluck Jonathan’s 2013 pardon of Diepreye Alamieyesiegha, who was convicted of embezzling millions, drew public outrage.
Internationally, the practice of presidential pardons has also faced scrutiny. For instance, President Bill Clinton issued 140 pardons on his last day in office, including one for his half-brother, Roger Clinton, who had been convicted of drug-related offenses. The US Secret Service even codenamed him “Headache” due to the trouble he caused Clinton.
President Joe Biden also faced criticism for pardoning his son, Hunter Biden, who was convicted of multiple offenses, including gun running. Similarly, Donald Trump’s 2020 pardon of Charles Kushner, the father of Jared Kushner, sparked controversy.
Back in Nigeria, the clemency for drug offenders and Maryam Sanda remains contentious. A columnist in Leadership newspaper, Abdulrauf Aliyu, recently criticized the pardon, falsely claiming that it was granted before the final court decision. However, the Supreme Court has since affirmed Sanda’s conviction, proving the claim incorrect.
Sanda’s pardon is seen as a compassionate act. Her father-in-law, Alhaji Ahmed Bello Isa, personally appealed to both former and current presidents to grant her clemency so she could care for the children left behind by his son. He emphasized that her continued imprisonment or death would not bring back his son.
Similarly, many of the drug offenders have served time in prison and have taken steps to reform themselves. Some have enrolled in the Open University or learned new trades. It is reasonable to argue that those who have shown remorse and turned their lives around deserve mercy.
The law remains clear: anyone involved in drug trafficking will face legal consequences. The National Drug Law Enforcement Agency (NDLEA), under General Buba Marwa (rtd), is working diligently to combat drug trafficking and ensure the country is free from hard drugs.
Prince Lateef Fagbemi, the Attorney-General and Minister of Justice, has stated that the list of pardoned individuals is still subject to review. None of the pardoned inmates have been released yet, and the process is undergoing final administrative reviews to meet legal standards. Until the list is gazetted, there is still room for further review.
President Tinubu’s decision was driven by compassion and kindness. There is no evidence that any of his relatives or associates are on the pardon list. Despite criticism from opposition politicians, the President remains open to any necessary reviews.
Those who benefited from the pardon and their families will continue to appreciate the President’s humane gesture. The government’s approach to clemency reflects its commitment to justice, compassion, and transparency.
