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Home Sectors Legal & Regulations

AGF Fagbemi clarifies presidential clemency process amid public concerns   

Emeka Onyeks by Emeka Onyeks
October 16, 2025
in Legal & Regulations, Sectors
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The Office of the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi SAN, has clarified that relevant authorities will have a final review of the list of illegal miners, white-collar convicts, drug offenders, and other inmates granted presidential clemency recently.

The clarification was issued on Thursday in a press release by Prince Lateef Fagbemi (SAN), Attorney General of the Federation and Minister of Justice, titled “Presidential Prerogative of Mercy Exercise at Review Stage, Not Final – AGF Fagbemi.” 

The development came days after widespread mixed reactions following the President’s power of prerogative of mercy concerning the beneficiaries.

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Section 175 of the 1999 Constitution gives the President the power to show mercy to any person concerned with or convicted of any offence created by an Act of the National Assembly, a pardon, either free or subject to lawful conditions, among others.

No Inmate Has Been Released from Custody 

According to the AGF, no inmate approved for clemency “has been released from custody.”

  • He emphasized that the process remains at the final administrative stage, which includes a standard review to ensure that all names and recommendations fully comply with established legal and procedural requirements before any instrument of release is issued.

“It is important to note that the last stage of the exercise, after approval by the Council of State, is the issuance of the instrument for the implementation of the decision concerning each beneficiary. 

“This stage affords an opportunity for a final look at the list for remedial purposes, if any, before the instrument is forwarded to the Controller-General of Corrections for necessary action,” he added. 

  • The AGF acknowledged the public’s vigilance and constructive feedback, assuring that the government will follow the law to ensure that only those duly qualified benefit from the President’s mercy.

Backstory 

Recall that on October 12, 2025, Bayo Onanuga, Special Adviser to the President (Information and Strategy), released details of about 175 convicts granted mercy by President Tinubu in line with relevant laws and instruments.

Some of the beneficiaries had been convicted of financial fraud and illegal mining.

“Illegal miners, white-collar convicts, remorseful drug offenders, foreigners, Major General Mamman Vatsa, Major Akubo, Professor Magaji Garba, capital offenders such as Maryam Sanda, Ken Saro Wiwa, and the other Ogoni Eight were among the 175 convicts and former convicts who received President Bola Ahmed Tinubu’s mercy,” Onanuga stated. 

According to the official, President Tinubu granted clemency to most of them based on reports that the convicts had shown remorse and good conduct.

  • Some were forgiven due to old age, the acquisition of new vocational skills, or enrollment in the National Open University of Nigeria (NOUN).
  • The Presidential Advisory Committee on the Prerogative of Mercy, chaired by the Attorney-General and Justice Minister, Prince Lateef Olasunkanmi Fagbemi, recommended pardon for two inmates, 15 former convicts, 11 of whom have died.
  • The committee also recommended clemency for 82 inmates and commutation of sentences for 65 inmates.
  • Seven inmates on death row also benefited from the Presidential reprieve, while the committee recommended that the President commute their death sentences to life imprisonment.

Fagbemi had presented the committee’s report at the Council of State meeting, chaired by President Bola Ahmed Tinubu.

While several stakeholders applauded the development, some argue that the clemency could send wrong signals to law enforcement agents.

Emeka Onyeks

Emeka Onyeks

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