President Bola Tinubu looking confused here, even with his biro to approve the list
As of the last count, and this was just a few days back, Bola Ahmed Tinubu – President and Commander-in-Chief of the Nigerian Armed Forces, has exercised his constitutional rights and powers of pardoning a total of 147 convicted Nigerians.
Some of the pardoned were inmates, serving different prison terms, across different prisons in the country, while some were dead. And as a matter of fact, one of them – the great Nationalist, Herbert Maucaulay, died [on May 7, 1946] before President Tinubu was born.
For purposes of actual and excellent documentation of historical perspective, we need to discuss one or two things around this presidential action. Let it be well understood that the purpose of this discussion is to set the records straight, strictly along the fact that, one can do the right thing in a wrong way. And if that happens – doing the right thing wrongly, there could be imputation of negative interpretations into the action, so carried out wrongly.
The president of the Federal Republic of Nigeria, in accordance with the Nigerian 1999 Constitution [as amended], has the absolute right of exercising any of the following functions – Pardon and Prerogative of Mercy, subject to complying with all the Rules and Regulations so stipulated by the Constitution.
Permit me to add that any of the Nigerian 36 State Governors, have the powers to exercise the same authority, because the same Nigerian Constitution invests the governors with same influence.
However, while the President exercises his powers within federal institutions -i.e conviction secured under Federal High Courts, Court of Appeal, the Supreme Court and Armed Forces Tribunals/Court Marshals, the State Governors’ authority of function is limited to States’ jurisdiction, like Magistrate and State’s Hight Courts.
There are also the Customary Courts as well as the Sharia Courts that have their jurisdiction spread in-between the Federal and States authorities. I may also want to submit “ignorantly” – so to say because I am not a lawyer, that the Local Governments, called the Third Tiers of Government under the same Nigerian Constitution, stripped them [the LG] of the functions in exercise of Pardon and Prerogative of Mercy.
What does Presidential Pardon mean?
The American Constitution – where we derived our system of government from, says that “a president has the power to grant reprieves and pardons for offences against the United States, except in cases of impeachment“.
It stands therefore that the Nigerian president has the power of granting reprieves and pardons for offences against the Nigerian State – and it is so reflected in our Constitution. The pardon therefore represents legal forgiveness, ends any further punishment and restores rights such as being able to vote or run for public office to the offenders, so pronounced guilty by the country’s judicial system.
What is Prerogative of Mercy?
Prerogative of mercy is an ancient power to forgive, or temper the punishment of, a legal wrong. In the Middle Ages in England, and later in colonial Australia, it was regularly used to spare the lives of persons found guilty of offences carrying mandatory death sentences.
What is the difference between a presidential Pardon and Amnesty?
Unlike a pardon, which is individual, amnesty is generally applied collectively and often driven by political considerations. The President grants amnesty to annul criminal penalties for specific offenses, typically related to political crimes or granted under special national circumstances.
Having defined these actions appropriately, we can now return to the main topic of this discussion, albeit if President Bola Tinubu’s exercise of his constitutional powers, in this presidential Pardon, extends ultra vires or not.
The Presidency, through a statement released by its spokesperson – Bayo Onanuga, described the gesture [of the pardon] as a mark of “compassion, justice, and national healing.” Given wider and more concise interpretations of the government’s statement therefore, the action found logic on three tripod manifold – namely: Compassion, Justice and National Healing.
What that meant is that the action must be based on Compassion – compassion for all; it must bring Justice – justice for all, and it must be for National healing – healing for all.
It is on walking the trajectory of these expected manifestations that the Paradox and absurdity of the exercise came to light. Let us go through the oddities, absurdities and cynicism of the president’s action quickly, ipso facto.
Let us start with number 82, on the list of the presidential Pardon, who is Maryam Sanda, aged 37, and who was sentenced to death in 2020, for culpable homicide and had spent six years, eight months at Suleja Medium Security Custodial Centre. Her family pleaded for her release, arguing that it was in the best interest of her two children. The plea was also anchored on her good conduct in jail, her remorse, and her embracement of a new lifestyle, demonstrating her commitment to being a model prisoner.
She was sentenced to death by hanging, for murdering her husband – Bilyaminu Bello, the son of a former national chairman of the Peoples Democratic Party (PDP), Haliru Bello. Haliru Mohammed Bello was earlier appointed by General Ibrahim Babangida as Comptroller General of the Nigerian Customs Service in 1988.
The question here is this: If President Tinubu pardoned Maryam Sanda on the ground of Justice, where therefore is the same Justice for the deceased [Bilyaminu Bello] and his family?
Let us look at other 10 individuals, listed below, that were sentenced, for hijacking a fishing Vessel in Nigerian territorial waters. All the Ten have been pardoned – ala carte, President Tinubu prerogative of Mercy. With freedom for all the hijackers, who do we hold responsible for hijacking and terrorism in our waters?
- Jude Saka Ebaragha, aged 44. Sentenced in 2020 to 12 years at Ikoyi Prison and a fine of N1million for conspiracy to hijack a fishing vessel. The sentence was commuted to six years, and the N1m fine was waived.
- Frank Insort Abaka, 46, was sentenced in 2020 to 12 years and a N1M fine at Ikoyi Custodial Centre for conspiracy to hijack a Fishing vessel. The sentence was reduced to six years, and the fine was waived.
- Shina Alolo, 42, was sentenced in 2020 to 12 years and a N1M fine at Ikoyi Custodial Centre for conspiracy to hijack a fishing vessel. Like others, the N1m fine was waived, and the sentence was reduced to 6 years.
- Joshua Iwiki, aged 50: Sentenced in 2020 to 12 years at Ikoyi Prison and a fine of N1M for conspiracy to hijack a fishing vessel. A N1m fine was waived, and the sentence was commuted to six years in prison.
- David Akinseye, aged 44: Sentenced in 2020 to 12 years & N1M fine for conspiracy to hijack a fishing vessel. His sentence was commuted to 6 years, and the fine was waived.
- Ahmed Toyin, aged 46: Sentenced in 2020 to 12 years & N1M fine for conspiracy to hijack a fishing vessel. Sentence also commuted and fine waived.
- Shobajo Saheed, age 57: Sentenced in 2020 to 12 years and a fine of N1M for conspiracy to hijack a fishing vessel. He got a similar reprieve like the others.
- Adamole Philip, aged 52 years: Sentenced to 12 years & a N1M fine for conspiracy to hijack a fishing vessel, 2020. Philip also got his term reduced to seven years and the fine waived.
- Mathew Masi, aged 39: Also sentenced to 12 years and a fine of N1million for conspiracy to hijack a fishing vessel. The sentence was reduced to six years, and the fine was waived.
- Bright Agbedeyi, 46, was also sentenced in 2020 for conspiracy to hijack a fishing vessel. Like the others in his category, he got a reprieve from President Tinubu.
Most drug Barons and Dealers that were jailed by our law courts of recent have been pardoned – courtesy of a presidential prerogative of Mercy.
Why would President Bola Tinubu pardon most of those drug barons in our prisons?
Why can’t the President just scrap the National Drugs Law Enforcement Agency [NDLEA] and save the annual budgetary allocation for the agency, as such action would give the Drug Cartel freedom of movement in continuum?
Permit this writer to mention Farouk Lawan, a former dis[Honourable] Member of the Nigerian House of Representative from Kano State – who paraded himself as Leader of Integrity while he was in the House, and his comment after being pardoned by our dearly beloved President Bola Ahmed Tinubu. I surmise his historical story to perfidy and his comments after the show of shame encompassed in the interpretation of Presidential Pardon.
He started his joyful comments by saying that “My hope is renewed” – renewed in what and from where, you may want to ask but wait for a brief background story of this man.
Lawan, who represented the Bagwai/Shanono constituency of Kano state in the house of representatives, was accused of demanding $3 million from Femi Otedola, the billionaire businessman, to remove Zenon Petroleum and Gas Limited (Otedola’s former company) from the list of oil companies allegedly involved in the petrol subsidy fraud in 2012. He was arraigned on seven counts of bribery by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
On June 22, 2021, a federal capital territory (FCT) high court in Apo convicted Lawan on all three counts and sentenced him to seven years in prison. In February 2022, a court of appeal discharged and acquitted the former lawmaker on two of the three counts on which he was convicted.
The appellate court affirmed his conviction on one count. The jail term was also reduced to five from seven years. In January 2024, the supreme court affirmed Lawan’s conviction and upheld the verdict of the court of appeal.
That was the background of the man’s journey through his dark hours or days, as he admitted it. However, he concluded, by the instrument of the presidential pardon, that the pardon has renewed his hope.
“Throughout those moments of sober reflection, my faith in the greatness of our Fatherland never wavered, nor did my resolve to contribute to it ever weaken. A re-dedication to the ideals of Nigeria is upon me. My hope is renewed”.
It is only President Tinubu that can explain to Nigerians and the International Community what renewal of hope his action is galvanizing Farouk Lawan to achieved beyond the optics of his perfidious adventures.
Lastly, one wonders, what the pardon of an iconic political activist – Sir Herbert Macaulay, who was banned from public office for misappropriation of funds, and sentenced in 1913, a time that Nigeria has not come into existence [remember that Nigeria was put together and amalgamated in 1914], by the British colonialists, would serve in 2025. It is the President, within the exercises of Prerogative of Mercy and Powers to Pardon, that can answer the question above.
Maryam Sanda – another beneficiary of Presidential Pardon
Below is the percentage distribution of the Presidential Pardon, for our archives, please
- Drugs – 29.2%
- Unlawful mining – 24.0%
- Homicide – 13.5%
- Fraud/Corruption – 12.3%
- Hijacking – 5.8%
- Firearms – 2.3%
- Robbery/Theft – 2.3%
- Kidnapping – 1.8%
- Human Trafficking – 1.8%
- Others – 5.8%
The Guru joins other Nigerians to celebrate a Presidential Pardon list!
Godwin Etakibuebu; a Veteran Journalist, wrote from Lagos.
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