Tinubu Is Constitutionally Empowered To Grant Pardon To Convicted Criminals, Prof. Alabi
•••Pardoning De-radicalized Bandits, Outrageous Killers, Not Right
IBADAN – A professor of Political Science and Defence Studies at the Nigerian Defence Academy, (NDA), Kaduna, Toba Alabi, has reacted to the barrage of criticisms thrown at President Bola Tinubu about the pardon he recently granted some convicted criminals, saying that there was nothing wrong in what the presidency did.
While confirming that extending prerogative of mercy to the 175 persons, particularly those convicted for drug related offences, fraud, murder, was constitutionally right, the don however frowned on grant of pardon to Boko Haram killers and notorious bandits who were said to have been de-radicalized, and set free to reunite with their families. To him, such a pardon was not right.
Alabi said this during an interview on “Frontline” programme of the Eagle 102.5 FM monitored by New Telegraph on Tuesday.
Commenting on the Presidential pardon and how it has impacted on the Nation’s effort at curbing crimes and insecurity, Prof. Alabi said, “going by the dictates of the Constitution of Nigeria, the President has the right and power to grant pardon based on prerogative of mercy wherever it is necessary. So, within the Construction of Nigeria, the President has not done anything wrong in that. The Constitution allows him.
“But like we know in Nigeria, there is no issue that will not generate controversy especially when it concerns any arm of the government, particularly the executive arm. Even if the president does something that deserves commendation, you will still observe that some people, especially from the opposition, will pick holes in what the presidency has done. In this present issue, I have been hearing of some people alleging bias in what the President has done about pardoning criminals. It is good to hear such.
“There is no way we can say that this action will aid criminality unless we are saying that the pardoned persons are unrepentant criminals. That is to say that their release from prison can constitute national insecurity. I have not heard anything like that. So, by and large, I think the President has performed his constitutional duty which the Constitution has assigned to him”, he said.
Considering the escalating level of insecurity in the country, the professor however differed on the manner in which some so-called de-radicalized bandits and Boko Haram insurgents are being pardoned by the Federal Government and released back to the society. To him, such action is capable of demoralizing the military men on the battle field.
His words: “De-radicalization is a normal procedure in any conflict situation or war theatre. So, if an individual has decided to repent of his criminal act, there is no reason why such a person should not be granted a pardon. But the issue here is what type of pardon are you granting this person? Somebody has killed about 100 people and he just comes up and says that he has repented. Such a person should be either in jail or hell. You have killed 100 people and you just said you have repented and you just walk home to your family. I don’t think that is right.
“Even if you repent, under normal circumstances, you are expected to be executed, killed or the punishment could be commuted to life improvement. So, the idea of somebody repenting having committed outrageous crime and you ask him to go home, I don’t think is right by my own understanding. The sentencing could be commuted to lower grade, but not outright pardon, except it is a minor one. The gravity of the offence will determine the level of pardon”.
Speaking on the case of Maryam Sanda, for example, who killed her husband, Bilyaminu Bello, with the family of the deceased complaining seriously that justice has not been done to the killing of their son by the pardon the President granted the wife, Prof. Alabi said, “I may not be able to comment so much on that because they said that she had been remorseful, and of good behavior. Yes, if a person has been in prison for a couple of years and she has been of good behavior, the authority could observe that she deserves a pardon. I think such could be done and the authority may have to look into that again”, Alabi said.