Human rights advocate and Senior Advocate of Nigeria, Mr Femi Falana, has criticised the Federal Government over its handling of the recent presidential pardon exercise, describing the process as “embarrassing” and a violation of constitutional provisions.
The controversy began earlier in October when President Bola Tinubu approved clemency for 175 inmates under the constitutional prerogative of mercy.
The list, reportedly prepared by the Presidential Advisory Committee on Prerogative of Mercy, allegedly included individuals convicted of serious crimes such as kidnapping, drug trafficking, human trafficking, and unlawful possession of firearms.
The inclusion of such offenders provoked public outrage, with lawyers, civil society groups, and anti-corruption campaigners accusing the government of compromising its own anti-corruption stance.
Following the backlash, the Federal Government announced a review of the pardon list, admitting that the initial compilation was flawed. President Tinubu later withdrew the pardon granted to about 140 individuals. The Presidency said the revised list reflected the government’s commitment to due process and accountability.
However, Falana, while speaking on Arise TV on Friday, faulted the entire process, saying it brought ridicule to the country and failed to follow the constitutional procedure for granting pardons.
“It is not the first time that this exercise has been mishandled, but this time around, the country was exposed to odium, and there was no basis for it. Those who were not deserving of pardon were recommended for pardon,” he said.
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He cited an example of a person who had been prosecuted by the Economic and Financial Crimes Commission (EFCC) for 11 years and convicted in April 2025, yet was listed among those to be pardoned.
According to Falana, the inclusion of offenders convicted under state laws was unconstitutional since Section 212 of the Nigerian Constitution grants state governors—not the president—the power to pardon such individuals.
“By virtue of Section 212 of the Constitution, only the governor of a state can pardon people convicted for stealing, obtaining by false pretence, murder or culpable homicide. But all those names were there,” he said.
He dismissed the government’s claim that the problem had been addressed by cutting down the list from 175 to 35 names, insisting that the issue was not just about numbers but about procedure and integrity.
“It is not enough to say we have reviewed the list and reduced it. The government owes itself a duty to ensure that such colossal embarrassment does not occur again,” he stated.
Falana further urged the Attorney-General of the Federation to tender a public apology to Nigerians over what he described as a “national embarrassment.”
“The very least the Attorney-General can do is to apologise. It is not done that way,” he added.
