Babatunde Ogala defends Tinubu’s clemency as lawful and reformative, emphasizing due process, expert advice, and humanitarian, not political, intent.
Senior Advocate of Nigeria, Babatunde Ogala, SAN, has defended President Bola Tinubu’s recent exercise of presidential clemency, describing it as a constitutional prerogative of mercy rooted in law and due process — not an arbitrary act of favouritism.
Speaking in an interview with ARISE News on Monday, Ogala said the President’s powers under Section 175 of the 1999 Constitution are “unlimited” but must be exercised on the advice of the National Council of State, which, he noted, was duly convened before the announcement of the pardons.
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“There is no limit to the powers of the President to exercise the prerogative of mercy,” Ogala explained. “But while the Constitution gives the President this power, it also obliges him to seek the advice of the National Council of State, and that was done last week.”
He clarified that the prerogative of mercy covers more than pardons.
“It goes beyond granting a pardon. It includes clemency, commutation or reduction of sentences. The President does not know any of the beneficiaries personally — the decisions were based on recommendations that came through the Committee on the Prerogative of Mercy, the custodial centres, and the National Council of State.”
Addressing public outrage over the clemency granted to convicted murderer, Miriam Sanda, Ogala said her case was handled in accordance with established guidelines.
“In the case of Miriam Sanda, contrary to public belief, she was granted clemency, not a pardon” he said.
“Her case came on the instance of the parents of her late husband, who appealed that they could not lose both their son and their grandchildren. The Borno State Government, through the Attorney General, also made representations. The custodial centre confirmed her good behaviour and reformation. The committee was satisfied and recommended her to the President, who then sought the Council of State’s advice before approval.”
Ogala also addressed criticism over the release of illegal miners and drug offenders, saying the public had been misinformed about the details.
“When people talk about illegal miners and drug peddlers, they need to check the facts,” he argued. “Most of the miners had only a few months left in their two- or three-year sentences, and Senator Ike Aliu-Bobis signed an undertaking to be responsible for their rehabilitation and empowerment.”
“As for the drug offenders, 95 per cent of them were convicted for possession of cannabis— not for running drug cartels — and had served between three and five years already. Many have gone back to school and acquired skills. The justice system is not just punitive; it is also reformative.”
Ogala maintained that the President merely acted on the committee’s recommendations and the reports of the custodial centres, emphasising that each case passed through multiple layers of review and verification.
“The President did not walk into any prison to pick names. Every recommendation went through the custodial centres, the Committee on the Prerogative of Mercy, and the National Council of State — a body that includes all past Presidents, past Chief Justices, current state governors, and presiding officers of the National Assembly.”
He urged Nigerians to look beyond emotions and media narratives to understand the legal and humanitarian basis for the decision.
“Every President since 1999 — from Obasanjo to Buhari — has faced criticism over pardons. People pick one or two names and ignore the rest. Out of 175 names, let us look at the facts, the merits, and the process. The prerogative of mercy is both legal and moral; it recognises that people can reform.”
Concluding, Ogala appealed for public understanding of the constitutional process, stressing that clemency is part of a justice system that balances punishment with rehabilitation.
“Those who reviewed these cases are not ignorant people. They examined the totality of each case before approval. The prerogative of mercy has gone through a long and rigorous process — one that reflects law, compassion, and national interest,”he said.