Human rights lawyer, Mr Femi Falana (SAN), has faulted President Bola Tinubu’s handling of the controversial presidential pardon, describing the government’s reversal of the clemency list as an embarrassing U-turn that exposed Nigeria to ridicule.
Falana, who spoke during an interview on Arise TV on Friday, October 31, said the pardon process was unconstitutional from the start and demanded that the Attorney-General of the Federation publicly apologise to Nigerians.
“The very least the Attorney-General can do is to apologise. It is not done that way,” he said.
He criticised the inclusion of undeserving individuals, including persons recently convicted of serious crimes, on the list initially approved by the President.
“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.
The controversy began in October when Tinubu approved clemency for 175 inmates under the constitutional prerogative of mercy.
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The list, reportedly compiled by the Presidential Advisory Committee on Prerogative of Mercy, included individuals convicted of kidnapping, drug trafficking, and unlawful possession of firearms.
Following widespread outrage, the Federal Government reviewed and revoked about 140 pardons, admitting that the process was flawed. The Presidency later said the revised list reflected due process and accountability.
Falana, however, argued that the issue went beyond revising names, insisting that the entire process violated constitutional provisions.
He noted that offenders convicted under state laws were wrongly included.
“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 also cited the case of an individual prosecuted by the Economic and Financial Crimes Commission (EFCC) for 11 years and convicted in April 2025, whose name appeared among those pardoned.
Falana concluded that the misstep had damaged public confidence, stressing that the government must take full responsibility for what he termed a “colossal embarrassment.”