Senior Advocate of Nigeria, Monday Ubani, has advised President Bola Tinubu to personally review or inquire into the list of individuals recommended for presidential pardon before granting clemency, despite the volume of names or his demanding schedule.
Ubani made the remarks in an interview with Daily Independent on Tuesday while reacting to the recent pardon of 175 convicts, which included individuals jailed for corruption, drug trafficking, oil theft, and other serious crimes.
He noted that although the Presidential Advisory Committee on the Prerogative of Mercy is tasked with vetting names of eligible candidates, it remains essential for the president to exercise due diligence.
“There is a committee set up by the president called the Presidential Advisory Committee on the Prerogative of Mercy (PACPM) to vet the names of those qualified for amnesty,” Ubani said.
“However, there is nothing stopping the president, even after the recommendation, from asking questions. Maybe the list is too many for him to make specific enquiries about those he wants to pardon.”
Ubani emphasized that presidential pardon — also referred to as the prerogative of mercy — is one of the most significant powers conferred on a head of state globally. He said this power must be wielded with caution, as it overrides the judicial process.
“For the fact that the committee has recommended those persons for pardon, that committee must show evidence of established grounds for pardon,” he added.
“It could be that the person has turned a new leaf, shown good behaviour, or that mercy is being extended on compassionate grounds. There are many reasons why presidential pardon is granted, including political expediency.”
Drawing parallels with other nations, Ubani recalled that former U.S. President Donald Trump issued pardons to several political allies after the 2020 election, noting that such decisions are often influenced by political considerations.
He likened the act of granting pardon to divine mercy, saying: “You have a situation where the state has convicted somebody and another person overrules that conviction and says the person should go home and sin no more. It is like playing the role of God on earth by forgiving sin.”
Quoting scripture, Ubani added: “God said, ‘I will have mercy on whom I will have mercy.’ In other words, you can’t query God on whomever He wants to have mercy on. Look at David—with the atrocities he committed, including adultery and murder—God still showed mercy on him.”
While acknowledging that such presidential powers are frequently controversial, he said this is a global phenomenon.
“There is nowhere in the world where you exercise this power and it is not followed by controversy,” he said. “Even in developed countries, people still read meanings into it because most times, it is granted to people who are your allies.”
Ubani concluded that the constitution does not make morality a prerequisite for pardon. Rather, the essential requirement is that the committee has vetted and recommended the candidates.
“Prerogative of mercy is not based on morality,” he said. “It is not granted to righteous people but to those who have been convicted. Once the committee has screened and recommended them, the president may go ahead and sign.”
