Human rights lawyer, Femi Falana, SAN, has called on the Federal Government to withdraw and re-examine the list of 175 persons recommended for pardon by President Bola Tinubu.
The lawyer, who in a statement made available Thursday evening, did not dispute the president’s constitutional power to grant pardons, said the exercise should be reviewed “in the interest of justice and national morality.”
It had earlier been reported that Tinubu recently granted pardon to Sir Herbert Macaulay, as well as 174 others, following approval by the Council of State.
Among the beneficiaries are notable figures such as Ken Saro-Wiwa, the environmental activist, and Major General Mamman Vatsa, who was executed in 1986 for alleged coup plotting.
The pardon list led to controversy, especially due to the inclusion of convicts like Maryam Sanda, who was sentenced to death in 2020 for killing her husband, and other inmates whose sentences were commuted or reduced, and ex-convicts deemed eligible by the Presidential Advisory Committee on the Prerogative of Mercy.
Falana argued that the current list includes politically exposed persons, alleged drug barons, armed robbers, terrorists and people convicted of state offences such as culpable homicide and murder, and therefore requires urgent reappraisal.
The statement reads, “Following the recommendation of the Prerogative of Mercy Committee headed by the Attorney-General of the Federation and Minister of Justice, Mr Lateef Fagbemi SAN, President Bola Tinubu recently granted pardon to 175 persons convicted for various offences.
“It is indisputable that the President is empowered by virtue of Section 175 of the Constitution of the Federal Republic of Nigeria, 1999, to exercise the grant of pardons, reprieves, and commutations of sentences to persons convicted of any offence created by an Act of the National Assembly.
“The list of pardonees includes convicted politically exposed persons, drug addicts and barons, armed robbers, and terrorists, as well as persons convicted for contravening state offences like culpable homicide, murder, obtaining by false pretences.”
Falana said the Federal Government should withdraw and review the list of pardonees without any delay.
He warned that failure to act could undermine public confidence in the exercise.
“The Federal Government should withdraw and review the list of pardonees without any delay in the interest of justice and national morality.
“In particular, the Prerogative of Mercy Committee should recommend to state governors to consider granting pardon to the persons who were convicted of state offences in the list of pardonees in accordance with Section 212 of the Nigerian Constitution,” he added.
In a statement issued earlier by his office, the Attorney-General clarified that no inmate on the list has been released, noting that the process is still undergoing final administrative review.
He said the exercise remains at the stage of verifying and reviewing the list of beneficiaries before the issuance of formal instruments of release.
Fagbemi explained that although the Council of State had approved recommendations for clemency, the final stage requires a detailed review to ensure all names comply with legal and procedural standards.
“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,” the statement read.
He noted that the issuance of the instrument of implementation marks the last phase of the process, after which the Controller-General of the Nigerian Correctional Service will be authorised to act.
Credit: punchng.com