By Feyisetan Hamzat | Benny News Hub
When news breaks that a convicted person has been granted a presidential pardon, emotions usually run high. Some applaud it as mercy; others see it as an injustice dressed in official robes. But how exactly do these pardons happen? Who decides who deserves mercy — and does money ever change hands?
This feature takes you inside Nigeria’s little-understood Prerogative of Mercy process.
---
What Is a Pardon?
A pardon is an act of clemency that forgives a person’s crime and frees them from the remaining legal consequences. It does not erase the offence, but it restores civil rights and wipes the slate clean in the eyes of the state.
In Nigeria, both the President and State Governors have powers of pardon — the President for federal offences, and the Governors for state offences.
---
The Legal Foundation
The authority comes from Section 175 of the 1999 Constitution (as amended).
It states that the President may:
Grant a pardon (forgive the offence entirely),
Commute a sentence (reduce its severity), or
Remit any penalty (cancel fines or forfeitures),
after consulting the Council of State — a constitutional body made up of former Presidents, Governors, the Chief Justice, and other top officials.
At the state level, governors act on the advice of their own State Advisory Council on Prerogative of Mercy.
---
Who and What Are Involved
The pardon process involves several key players:
1. The Petitioner – the convict or their family submits a plea for mercy.
2. The Presidential Advisory Committee on Prerogative of Mercy (PACPM) – evaluates petitions and makes recommendations.
3. The Attorney-General – reviews legal aspects and ensures due process.
4. The Nigerian Correctional Service – provides reports on conduct, health, and rehabilitation.
5. The Council of State / State Council – gives final advice before the decision.
6. The President or Governor – signs and announces the clemency.
---
How the Process Works
1. Application: A written petition is submitted through the Attorney-General’s office or Correctional Service.
2. Verification: The committee checks records, behaviour, and background.
3. Recommendation: Names of deserving applicants are forwarded to the President.
4. Council of State Meeting: Members deliberate and endorse some names.
5. Approval & Announcement: The President or Governor signs the list, and it is made public.
---
What Determines Approval
While there’s no published checklist, common considerations include:
Good behaviour in custody
Length of time already served
Old age or serious illness
Proven remorse and rehabilitation
Public interest and safety
---
The Controversies
Despite its noble intent, the process often draws fire for:
Lack of transparency: Many pardons happen without clear explanations.
Perceived favouritism: Influential individuals or political allies seem more likely to benefit.
Public backlash: Families of victims may feel betrayed when killers or corrupt officials are freed.
Because petitions pass through human hands, allegations of lobbying, influence, or even bribery sometimes surface — though no formal proof has ever been established.
---
Why It Still Matters
Beyond politics, pardons serve several important purposes:
Decongesting prisons and giving second chances to reformed inmates.
Correcting judicial errors or harsh sentences.
Healing national wounds, as seen in posthumous pardons for historical figures like Mamman Vatsa and Chief Obafemi Awolowo.
A well-handled clemency process reflects the compassionate side of governance — where justice meets humanity.
---
In Summary
The Prerogative of Mercy is one of the oldest tools of leadership — a reminder that while the law must be firm, it must also be humane.
But for mercy to be respected, it must be transparent, accountable, and free from suspicion. Anything less turns compassion into controversy.
