FG Clarifies Clemency Process: No Inmate Released Yet, Says Attorney-General Lateef Fagbemi

The Office of the Attorney-General of the Federation and Minister of Justice has clarified that no inmate approved for clemency under the latest presidential mercy exercise has been released from custody. This clarification follows widespread public criticism and speculation surrounding President Bola Tinubu’s recent exercise of the power of prerogative of mercy for selected categories of offenders.

In a statement personally signed by the Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), on Thursday, the Ministry explained that the process of implementing the clemency decision remains ongoing and has not yet reached the stage of physical release. Fagbemi emphasized that the exercise was still at its final administrative stage, which involves a rigorous review process to ensure that all listed beneficiaries meet the established legal and procedural standards.

According to the AGF, this step is a crucial safeguard to guarantee that no mistakes are made in the implementation of the presidential pardon. “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,” he said.

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He added that this final stage allows for “a last opportunity to review the list for remedial purposes, if any, before forwarding the instrument to the Controller-General of Corrections for necessary action.” The Attorney-General explained that this verification step is an integral part of the process, designed to ensure that all actions taken are consistent with the law, fair to all parties involved, and reflective of the government’s commitment to justice.

Final Review Stage Ensures Transparency and Due Process

Fagbemi reiterated that the government was fully aware of the public’s concerns and assured Nigerians that no inmate would be released without thorough vetting. He described the verification process as “a standard administrative measure” aimed at preserving the credibility of the clemency program. “The Honourable Attorney-General of the Federation and Minister of Justice appreciates the public’s vigilance and constructive feedback, which continue to strengthen institutional integrity,” the statement read.

He also noted that public participation and engagement are essential in ensuring transparency in governance. “Public engagement is always welcome, as it demonstrates that Nigerians care deeply about justice and good governance,” he said, adding that the administration of President Tinubu values accountability and is determined to handle the process with the utmost caution.

Fagbemi stressed that the government was not delaying the exercise but merely ensuring that it followed every legal requirement before releasing any inmate. “There is no delay in the process; it is simply following the law to the letter to ensure that only those duly qualified benefit from the President’s mercy. As soon as all legal and procedural checks are concluded, the public will be duly informed. The rule of law does not rush; it ensures fairness,” he emphasized.

This statement was issued in response to growing public backlash and misinformation surrounding the clemency exercise. Some reports and social media discussions had alleged that the federal government had already released certain inmates, including individuals convicted of serious crimes, without adequate scrutiny. The clarification from the Attorney-General’s office appears aimed at dispelling such claims and restoring public confidence in the process.

Council of State’s Role in Presidential Clemency

It will be recalled that the Council of State, last Thursday, ratified a list of offenders—both living and deceased—who had either completed their prison terms, were still serving, or were on death row. The list was presented by President Bola Tinubu as part of his constitutional prerogative of mercy, an act that allows the President to grant pardons, commute sentences, or remit penalties in deserving cases.

The Council’s approval marked an important constitutional step in the process, but the Attorney-General clarified that such approval does not automatically translate to the immediate release of inmates. Instead, it serves as a recommendation awaiting full administrative implementation once the Ministry of Justice and the Nigerian Correctional Service have completed all necessary verifications.

The power of prerogative of mercy is enshrined in Section 175 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). It empowers the President to pardon, reprieve, or commute the sentences of persons convicted of federal offences. However, the exercise of this power must be done with due regard to established procedures and upon the advice of the Council of State.

Fagbemi’s clarification reinforces the principle that the clemency process is not arbitrary but governed by law. He pointed out that the current administration is determined to prevent any abuse of the system, ensuring that only those who truly qualify under the set guidelines benefit from the President’s mercy.

Government Reaffirms Commitment to Rule of Law

The Attorney-General’s statement also underscores the Tinubu administration’s emphasis on institutional accountability. By taking time to review the list of clemency beneficiaries, the government aims to prevent any wrongful inclusion or administrative oversight that could undermine public confidence.

According to legal analysts, Fagbemi’s response was necessary to prevent misinterpretation of the President’s intentions. Granting clemency, they noted, is not merely a political gesture but a sensitive legal act that carries moral and administrative implications. Hence, the government must strike a balance between compassion and justice.

The Attorney-General reaffirmed the government’s dedication to upholding the rule of law, emphasizing that due process cannot be sacrificed for speed. “The rule of law does not rush; it ensures fairness,” Fagbemi reiterated, reminding Nigerians that true justice requires patience and careful scrutiny.

The statement concluded by assuring the public that once all verification and procedural requirements are fulfilled, the federal government will announce the names of those who qualify for release under the clemency program. Until then, all inmates listed in the presidential pardon remain in lawful custody pending the issuance of formal release instruments by the appropriate authorities.

This clarification from the Office of the Attorney-General aims to dispel misinformation, reinforce transparency, and assure Nigerians that the federal government remains steadfast in its commitment to justice, accountability, and adherence to the rule of law.