The Nigeria’s Council of State has reportedly endorsed the granting of clemency, pardon and prerogative of mercy to 159 out of 162 applications presented to it for consideration at its meeting held in Abuja on Thursday, 14th April 2022, presided over by President Muhammadu Buhari.
It’s noteworthy that the Council of States, is a high-ranking body constituted by Nigeria’s Constitution, comprising all present and past leaders of the country. It’s an organ saddled with the responsibility of advising the executive arm of government on major critical and sensitive policy decisions and direction, bordering mainly on security and State of the Nation at large.
Its members include the President, Vice President, past Presidents, Senate President, Speaker of the House of Representatives, as well as the past and serving Chief Justices of Nigeria. Others are the Attorney-General of the Federation, all State Governors as well as the Minister of the Federal Capital Territory (FCT).
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The meeting, which observed a minute silence in honour of Late Chief Ernest Shonekan shortly before commencement, had in attendance past presidents, including Gen. Yakubu Gowon, Gen. Abdulsalam Abubakar, Dr. Goodluck Jonathan, coupled with serving governors and top government officials.
There are strong indications that former governors of Taraba and Plateau States, Jolly Nyame and Joshua Dariye, respectively, were among those granted pardons.
The Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami made this known while addressing the State House correspondents on the outcome of the Council’s meeting, immediately after the deliberations.
According to Mr. Malami, the affected 159 beneficiaries were inmates convicted and currently serving sentences for various offences across the country, saying the recommendations came after the Council received the report of the Presidential Advisory Committee on the Prerogative of Mercy.
He said, “In the exercise of the powers on the granting of pardon, precisely on August 28, 2018, the President put in place a committee known as the Presidential Advisory Committee on Prerogative of Mercy.
“It was saddled with the responsibility of visiting the country’s correctional facilities and making recommendations to the President on the exercise of his power of mercy and compassion, to either grant pardon to those that had been convicted, clemency, or some other form of concessions by way of reduction in sentence and term.
“It was in the exercise of such duties and responsibility in line with the terms of the Committee on Prerogative of Mercy that we presented the report to the President and the requirements of the law on the exercise of that mercy and pardon, should seek the advice of the Council of State.
“In line with that, a memo was presented by the President this afternoon to the Council, through which the report of the Committee was presented to the Council for its advice.
Mr. Malami informed that in total, 162 convicts were presented for the President’s consideration for pardon and mercy. However, the Council of State endorsed 159 out of the 162 convicts, hence advised the president to grant them pardon and mercy, rejecting three of the recommended convicts.
Based on the approval, “26 of the inmates are recommended for a presidential pardon, 85 surviving ex-convicts were recommended for a presidential pardon, and one deceased person was recommended for a posthumous presidential pardon.
In the same vein, “27 inmates were recommended for presidential clemency, 13 inmates were for a review of their sentences or prison terms, 10 inmates were presented for a reduced sentence from death to life imprisonment.
The Justice Minister further notified that the Council rejected the proposal to grant pardon to one of the prisoners sentenced to 120 years for stealing over N25 billion. He said the reason for seeking pardon was because of life-threatening illness.
“The second person was convicted for forgery, sentenced to 14 years and had stayed in prison for a year and six months. Whilst the third person was obtaining money by false pretenses and was sentenced to seven years,” he explained.
On other developments, on his part, the Minister of Special Duties and Intergovernmental Affairs, Sen. George Akume disclosed that the equally Council approved the conferment of National Honours on 434 Nigerians.
He said, “The council approved the conferment of National Honours Award on 434 Nigerians who had distinguished themselves in various fields of endeavour.
“It is supposed to be an annual event, where the President confers on Nigerians, men and women of integrity and character, found worthy to be conferred with our national honours.” he landed.
Pardon or clemency, as the case may be, is indeed a wholesome approach enshrined in the Nigerian Constitution, likewise other extant laws found in other countries across the globe. In other words, it’s imperative to invariably review any given policy made, or decision taken, as time progresses, for the sake of making amends where need be.
However, where the worry of concerned and well-meaning Nigerians lies is in a situation whereby such a pardon or clemency is granted to those who don’t truly merit the honour, while allowing individuals that really deserve it to wallow in anguish.
Overtime, Nigerian politicians who had been convicted of serious criminal offenses related to graft or severe corruption, were granted pardon, simply because they belong to the ruling class, whilst inmates or ex-convicts who may have been erroneously convicted would remain in such situation and never be remembered by the governments at all levels.
Pardon or clemency by the government, as might be the case, is arguably a laudable step in any sane clime, but it ought to be given to only those who merit it. This is therefore a clarion call for holistic review of Nigeria’s justice system in its entirety.