The Clemency Process in Nigeria: A Closer Look
The Nigerian federal government recently announced a clemency process for several individuals, including Maryam Sanda and 81 others. However, it has now clarified that the process is not yet complete.
President Bola Ahmed Tinubu granted a presidential pardon and clemency to 175 people following the recommendations of the Presidential Advisory Committee on the Prerogative of Mercy (PACPM). These recommendations were endorsed by the National Council of State, which met last week. According to a statement from 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 process is still ongoing. He stated that no inmate approved for clemency had been released from custody yet. The process remains at the final administrative stage, which includes a standard review to ensure all names and recommendations comply with legal and procedural requirements before any instrument of release is issued.
Fagbemi added that after approval by the Council of State, the next step is the issuance of an instrument for the implementation of the decision concerning each beneficiary. This stage allows for a final review of the list for any necessary corrections before the instrument is sent to the Controller-General of Corrections for action. He highlighted that this verification process is part of the standard protocol and reflects the government’s commitment to transparency and due diligence.
He also thanked the public for their vigilance and constructive feedback, which he said strengthens institutional integrity. Public engagement is always welcome, as it demonstrates that Nigerians care deeply about justice and good governance. Fagbemi stressed that there is no delay in the process; it is simply following the law to ensure fairness.
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 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.
The list also includes:
- 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 Concerns and Public Reaction
Lawyers have raised concerns about the announcement of the clemency review, calling it an attempt to mislead Nigerians. Gabriel Egbule criticized the process, stating that it is the first time the process is being reviewed after the announcement. He described the Attorney General’s statement as an afterthought and called the situation shambolic.
Jibrin Jibrin Esq. questioned the morality and propriety of pardoning convicts whose past actions pricked the conscience of the nation. He also pointed out that the review is 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 acted.
EMD Umukoro noted that the procedure involves the president exercising powers after consultation with the Advisory Council on the Prerogative of Mercy and the National Council of State, followed by gazetting and forwarding to the correction service for implementation. He suggested that the current situation shows a lack of objectivity and dispassion in the process.
However, Dayo Akinlaja (SAN) argued that nobody should complain about the government’s decision since it is an executive act within its powers.
