Cover Story
The recent presidential pardon granted by President Bola Tinubu to 175 individuals has sparked heated debate across Nigeria. This exercise of the prerogative of mercy, approved by the Council of State, includes a mix of convicts from various offences, raising questions about justice, security, and the nation’s direction. According to data from StatiSense, the breakdown shows 12.3 percent for fraud and corruption, 13.5 percent for homicide, and a whopping 29.2 percent for drug-related offences, with other categories like unlawful mining at 24 percent, hijacking at 5.8 percent, and the rest covering firearms, robbery, kidnapping, and human trafficking. While the constitution allows the president this power under Section 175, many see it as a slap in the face to victims and a signal that connections trump accountability. In a country where businesses already grapple with insecurity and corruption, releasing such individuals could scare off investors and disrupt economic stability, as companies worry about rising crime and unstable environments.
Starting with the less serious offences in terms of numbers, fraud and corruption make up 12.3 percent of the pardons, affecting about 22 people. These white-collar crimes often involve public figures or those close to power, like former lawmaker Farouk Lawan, who was convicted of bribery. Critics argue this sends a wrong message in a nation fighting graft, where businesses lose billions to embezzlement and shady deals. Human rights lawyer Femi Falana, a Senior Advocate of Nigeria, pointed out in his statement that the list includes “persons convicted for contravening state offences like obtaining by false pretences,” calling for a full review to protect national morality. Attorney General Lateef Fagbemi, also a SAN, went further, saying, “I will suggest in our next constitution review exercise that we expunge those found guilty of corruption from benefiting from the powers of Prerogative of Mercy to serve as a deterrent to others.” Lawyer Akeem Aponmade added that pardons for corruption “can feel like a betrayal” to victims, stressing the need for transparency in the process. Such moves could erode trust in government, making it harder for businesses to operate without fearing favoritism or weak enforcement of contracts.
Moving to homicide, which accounts for 13.5 percent or roughly 24 cases, the pardons include high-profile names like Maryam Sanda, convicted for the murder of her husband Bilyaminu Bello. This has left families reeling, with Bello’s relatives slamming the decision as “the worst possible injustice any family can suffer,” saying it treats the victim like “yet another faceless individual.” Yet, in a twist, the deceased’s father publicly accepted the pardon, noting he had appealed for it across administrations. Falana highlighted this category in his call to withdraw the list, noting it covers “culpable homicide, murder.” Legal practitioner Joel Ighalo questioned, “Why are you releasing people who were convicted of murder who didn’t even serve half the length of their respective sentences? This list betrays a lack of good judgment.” Aponmade echoed that for victims of violence, such pardons “can feel like a betrayal,” warning of the emotional toll. In business terms, freeing those convicted of violent crimes heightens security risks, as firms in sectors like retail or logistics already face threats from unrest, potentially driving up costs for protection and insurance.
The largest group, at 29.2 percent or about 51 people, involves drug-related offences, a move that has drawn sharp criticism amid Nigeria’s battle with narcotics. Falana described the pardonees as including “drug addicts and barons,” arguing the entire list undermines justice. Ighalo tied this to broader concerns, saying releasing those guilty of serious crimes like human trafficking and drugs is “a bastardisation of the prerogative of mercy.” With Nigeria’s image already tainted by drug scandals, this could harm international trade and investment, as global partners question the commitment to curbing illicit flows that affect supply chains and financial systems.
Kidnapping falls under the other categories, but the pardon of Kelvin Oniarah stands out as a flashpoint. Convicted for high-profile abductions, including that of Senior Advocate Mike Ozekhome and the killing of former Anambra Deputy Governor Chudi Nwike, Oniarah’s release raises fears of renewed threats. Victims’ families and witnesses reportedly went into hiding after the list emerged, highlighting the security fallout. Is this akin to rehabilitating insurgents, and does it signal power proximity trumps public safety? In a business lens, such risks could deter foreign direct investment, as executives avoid regions plagued by abductions that disrupt operations and raise ransom demands.
Amid the backlash, the Attorney General has clarified that the list is under review, with controversial names possibly dropped to address public outcry. Falana urged the government to “withdraw and review the list of pardonees without any delay in the interest of justice and national morality.” On the legal front, courts cannot block these pardons, as lawyer Alloy Ejimakor explained, “It is called the prerogative of mercy, thus suggesting that it lies squarely in the hands of the President and thus not subject to judicial review.” Douglas Ogbankwa added, “The Presidential Power of Prerogative of Mercy cannot be questioned by the provisions of the law in any way.”
This pattern is not unique to Nigeria. Former US President Joe Biden and Donald Trump also granted clemency to controversial figures, with Trump even using it as a campaign tool for his reelection. Yet, in Nigeria, where the justice system already struggles with delays and perceptions of bias, these pardons fuel doubts about fairness. If convicts can walk free after time served, regardless of risks, it questions the system’s strength. For businesses, a predictable legal environment is key to growth, and this episode might signal more uncertainty ahead. As a nation, Nigeria must weigh mercy against accountability to build a safer, more prosperous future.