Fagbemi clarifies Presidential pardon process, faces backlash over legal oversight concerns

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Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has said that none of the inmates recently approved for presidential pardon have been released, as the list of beneficiaries is still undergoing final legal and administrative scrutiny to ensure full compliance with the law.

In an official statement issued on Thursday, Fagbemi explained that the ongoing review is part of standard protocol in the exercise of the President’s prerogative of mercy, emphasizing that transparency and due process remain central to the exercise.

“No inmate approved for clemency under the recent exercise of the President’s power of prerogative of mercy has been released from custody,” the statement read.

“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.”

According to him, the Council of State’s approval is not the final step, as the Attorney General’s Office must still issue a formal instrument of release to the Controller-General of Corrections after a final verification of each name.

Fagbemi maintained that there was no delay or irregularity in the process, describing it as a deliberate legal safeguard to prevent mistakes or wrongful releases.

“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. The rule of law does not rush; it ensures fairness,” he added.

However, the statement has drawn sharp criticism from sections of the public, notably from governance commentator Ebere Anosike (@NjaCoach), who described the clarification as an indictment of the Attorney General’s office and a symptom of deeper structural flaws in Nigeria’s justice administration.

In a series of posts on X (formerly Twitter), Anosike questioned why the Attorney General appeared to be vetting the list only after presidential approval, suggesting either a lapse in due diligence or that the Justice Ministry had been sidelined in the process.

“So, an Attorney-General cum Minister of Justice is admitting that he did not screen or vet the list for presidential pardons?” Anosike wrote.

“That means his office was either bypassed or failed to conduct the required due diligence.”

He warned that such lapses could endanger the lives of judicial officers and victims’ families, should convicted felons be mistakenly released.

Beyond the immediate issue, Anosike used the controversy to renew his long-standing call for separation of the offices of Attorney General and Minister of Justice, arguing that combining the two roles breeds political conflict of interest and undermines institutional independence.

He pointed out that the current arrangement makes the Attorney General more of a political appointee than an independent legal officer, leading to bias in counsel to the Executive and weak oversight of agencies such as INEC, EFCC, ICPC, NDLEA, and NFIU.

“We really need an AG that is of sound legal judgment, not a cabinet member who serves at the pleasure of the Executive,” Anosike said, adding that Nigeria’s Senate should move to legally decouple the two offices as done in other democracies.

He further argued that such reform would enhance transparency, accountability, and professional legal guidance to both the Executive and Legislature, reducing politically motivated interference in justice administration.

The debate around the latest presidential pardon list has thus evolved beyond the question of release procedures, sparking broader conversations on justice reform, rule of law, and the independence of Nigeria’s legal institutions.

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