Presidential pardon reversal sparks fresh controversy as lawyer challenges Tinubu’s clemency reversal

President Bola Tinubu’s decision to revoke pardons granted to convicts, including Maryam Sanda’s death sentence commutation to 12 years imprisonment, has sparked controversy. Lawyer Frank Tietie argues that once a pardon is granted, it cannot be taken back, citing constitutional limitations on presidential powers.

 

“The president doesn’t have the power to convict or revoke pardons,” Tietie stated. “It’s a complete act that can’t be reversed.” He emphasized that the president isn’t the judiciary and can’t exercise judicial powers.

 

The reversal affects 140 inmates, with some arguing it’s an unconstitutional power grab. The Presidency cites Section 175(1) and (2) of the 1999 Constitution as the legal foundation for the review, balancing justice interests ⁴.

 

Critics, including former Vice President Atiku Abubakar, describe the move as “reactionary” and “embarrassing,” urging transparency and publication of the initial pardon list.

 

Tinubu’s administration has initiated reforms, relocating the Committee on the Prerogative of Mercy to the Ministry of Justice, ensuring prosecutorial input in future pardons.

 

Recall that President Tinubu on Wednesday reduced the death sentence passed on Maryam Sanda to 12 years imprisonment.

 

Reacting, Tietie said, “If we had a listening president in power, he would have reversed the fuel subsidy removal and increase in tariff.

 

“At the time the president first signed the first list, it was a complete act that he does not have the power to reverse. It was already accepted.

 

“The president does not have the power to convict anybody. As of the time he completed the pardon of these persons, they were all free.

 

“The president is not the judiciary. He cannot exercise judicial powers by saying you are no longer fit for pardon. It is not within his constitutional power.”