President Bola Ahmed Tinubu has signed the official instruments granting clemency and pardon to select individuals, marking a significant exercise of his constitutional power of prerogative of mercy. However, the President also moved decisively to overhaul the process, tightening eligibility criteria and relocating the Secretariat of the Prerogative of Mercy Committee to the Federal Ministry of Justice.
A Measured Exercise of Presidential Clemency
According to a statement issued by Bayo Onanuga, Special Adviser to the President on Information and Strategy, President Tinubu’s decision followed consultations with the Council of State and widespread public input. The President reportedly ordered a thorough review of the earlier-approved list of beneficiaries under Section 175(1) and (2) of the 1999 Constitution (as amended).
Following the review, individuals convicted of serious crimes — including kidnapping, drug trafficking, human trafficking, fraud, and illegal firearms possession — were removed from the list. Those whose offences were deemed less severe reportedly had their sentences commuted rather than fully pardoned.
Akahi News gathered that this move reflects Tinubu’s attempt to balance compassion with accountability, ensuring that the prerogative of mercy does not undermine national security or public trust in the justice system.
Justice, Victims, and Society: A Three-Way Balance
The Presidency explained that the decision to exclude certain offenders was influenced by the need to uphold justice as a “three-way traffic” — considering the rights of the accused, the victims, and society at large. This framework, observers believe, represents a shift from politically motivated clemencies to a justice-oriented model.
Analysts noted that Tinubu’s approach aligns with international best practices, where executive pardons are granted sparingly and transparently. It also signals a clear message to law enforcement agencies that their efforts will not be undermined by indiscriminate pardons.
Relocation of the Prerogative of Mercy Secretariat
In a structural reform aimed at enhancing transparency and legal oversight, President Tinubu ordered the immediate relocation of the Secretariat of the Presidential Advisory Committee on Prerogative of Mercy from the Federal Ministry of Special Duties to the Federal Ministry of Justice.
This transfer, according to Akahi News, is intended to ensure that future clemency exercises are subject to strict legal scrutiny and procedural compliance. It also places the process under the supervision of the Attorney-General of the Federation, thereby embedding it within the broader justice reform agenda of the administration.
Guidelines for Future Pardons
The President further directed the Attorney-General to issue new guidelines for the exercise of clemency powers, mandating compulsory consultation with prosecuting agencies before any recommendation is approved.
This measure aims to prevent lapses where individuals with pending appeals or unresolved legal issues benefit from presidential pardons — a controversy that has plagued previous administrations.
By institutionalising consultation with prosecutors and security agencies, the Tinubu administration appears determined to prevent abuse of the prerogative of mercy process and to rebuild public confidence in Nigeria’s justice system.
Broader Implications for Judicial Reform
President Tinubu reaffirmed his administration’s commitment to broader judicial reforms and to strengthening the rule of law. The clemency review and relocation of the committee secretariat could mark the beginning of a more disciplined, transparent, and legally sound approach to executive mercy in Nigeria.
Political observers say this move may also redefine the moral tone of Tinubu’s presidency, positioning it as both firm on justice and responsive to public sentiment.
Akahi News http://www.akahinews.org
Joseph Iyaji is a journalist, educator, and founder of Akahi G. International, Akahi Tutors, and Akahi News. Read more about him here.
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