In defence of the recent presidential pardons by President Bola Tinubu, the Presidency has firmly stated that the constitutional power of clemency granted to the President is “expansive and open-ended” and does not preclude any category of crime.
The assertion followed outrage and debate in some quarters over the prerogative of mercy exercised by the President.
In a detailed opinion published on his social media handle on Monday, Temitope Ajayi, Senior Special Assistant to the President on Media and Publicity, argued that it is “vacuous virtue signalling” to suggest that individuals convicted of certain offences should be ineligible for pardon.
He emphasised that all beneficiaries of the clemency had either fully served their prison terms or were still serving their sentences at the time of the decision.
“The constitutional provision that gives the President power to exercise the prerogative of mercy and pardon on convicted persons does not preclude any crime,” Mr. Ajayi stated. “It is an expansive and open-ended power that covers any kind of offence, whether high or low crime.”
The statement sought to clarify the rigorous process behind the selection of the 171 convicts and ex-convicts who were granted pardon. Mr. Ajayi revealed that the Presidential Advisory Committee on the Prerogative of Mercy, which is chaired by the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, includes representatives from a broad coalition of institutions.
These include the Nigerian Correctional Service, the National Human Rights Commission, the Nigeria Police Force, as well as religious bodies like the Christian Association of Nigeria and the Nigeria Supreme Council for Islamic Affairs. The committee, he explained, based its recommendations on careful consideration of medical reports, accounts of good conduct from prison authorities, and appeals from civil society organisations and family members.
Furthermore, the final list received approval from the National Council of State, a body comprising the 36 state governors, the Vice President, the Senate President, the Speaker of the House of Representatives, and current and former Chief Justices of Nigeria.
Addressing concerns that the pardons could encourage criminality, the Presidential aide was unequivocal: “Let it be emphasised that the fact that some people are pardoned is not a licence for anyone to go and commit crime. Those who commit crimes will still be arrested, prosecuted, and jailed.”
To place the controversial decision in a global context, the statement referenced precedents from the United States, noting that President Donald Trump pardoned January 6 insurrectionists, President Joe Biden pardoned his son, Hunter, for drug offences, and President Gerald Ford pardoned his predecessor, Richard Nixon, for the Watergate scandal.
Mr. Ajayi concluded by framing the act of mercy within a broader societal context, noting a “profound moral contradiction” in a society that prays for divine forgiveness yet opposes the extension of state mercy to those who have been punished and have demonstrated repentance.
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