General
Presidential Pardon: SERAP Wants Section 175 of Constitution Amended
By Adedapo Adesanya
President Muhammadu Buhari has been advised by the Socio-Economic Rights and Accountability Project (SERAP) to review and withdraw the pardon granted to former governors of Plateau and Taraba States, Mr Joshua Dariye and Mr Jolly Nyame, respectively, who were jailed by the court for corruption.
SERAP is also urging him to “propose a constitutional amendment to the National Assembly to reform the provisions on the exercise of the prerogative of mercy to make the provisions more transparent, and consistent and compatible with Nigeria’s international anti-corruption obligations.”
Last week, the National Council of State endorsed the presidential pardon of Mr Dariye, Mr Nyame and 157 others serving jail terms following the recommendations of the Presidential Advisory Committee on the Prerogative of Mercy.
In the letter signed by SERAP deputy director, Mr Kolawole Oluwadare, the organisation said: “Impunity for corruption will continue as long as influential politicians escape justice for their crimes. The constitutional power of prerogative of mercy ought not to be an instrument of impunity.”
SERAP said, “The pardon power ought to be exercised in a manner that is consistent with the Nigerian Constitution 1999 [as amended], particularly the provisions on oath of office by public officers, and section 15[5] which requires your government to abolish all corrupt practices and abuse of power.”
It also said, “Indeed, the presidential pardon power must be exercised in good faith, and in line with the provisions of Chapter 4 of the Nigerian Constitution on fundamental rights.”
According to SERAP, “We would like your government to clarify if the pardon granted to Mr Dariye and Mr Nyame would entitle them to the return of the stolen assets already forfeited to the government.”
The organisation said, “The pardon also constitutes an interference in the exercise of judicial power. Because the pardon appears to be arbitrary, it undermines the authority and independence of the judiciary and access to justice for victims of corruption.”
The letter, copied to the Conference of the States Parties to the United Nations Convention against Corruption, read in part: “The pardon is clearly inconsistent and incompatible with the requirements of the Nigerian Constitution, and the country’s international obligations including under the UN Convention against Corruption.”
“Presidential pardon for corruption cases is inconsistent with the rule of law, and the public interest, as it undermines the principle of equality before the law. It will undermine public confidence in your government’s fight against corruption, and the justice system.”
“SERAP is concerned that while the pardon power is routinely exercised to shield influential politicians and politically exposed persons from justice and accountability, ordinary people who have committed petty offences but with no money or influential politicians to speak for them, languish in prisons and are rarely considered for pardon.”
“While there is no doubt that Section 175 of the Constitution vests wide discretionary power in the Nigerian president to grant pardon, it does not stipulate the conditions under which such power should be exercised.”
“However, when section 15(5) of the Constitution is read together with the oath, it would seem to impose some ethical conditions on you to ensure that the exercise of the discretionary power of prerogative of mercy is not such that it will encourage corruption or impunity of perpetrators.”
“Mr Dariye and Mr Nyame should have been allowed to complete their jail terms. The exercise of the presidential pardon in their cases would seem to be unfair and undeserving.”
“The investigation and prosecution of the corruption cases involving the pardoned former governors Dariye and Nyame reportedly cost over N300 million of taxpayers’ money. The cases went from the High Court to the Supreme Court of Nigeria.”
“Section 15(5) of the Nigerian Constitution provides that ‘The State shall abolish all corrupt practices and abuse of power.’ Similarly, article 26 of the UN Convention against Corruption requires your government to ensure ‘effective, proportionate and dissuasive sanctions in cases of grand corruption.”
“Article 26 of the convention complements the more general requirement of article 30, paragraph 1, that sanctions must take into account the gravity of the corruption offences.”
“SERAP notes that in your inaugural speech on May 29, 2015, you stated that, ‘We are going to tackle pervasive corruption head on. Nigerians will not regret that they have entrusted national responsibility to us.’”
“However, the latest Transparency International’s Corruption Perception Index shows that Nigeria scored 24 out of 100 points, and ranked 154 out of 180 countries surveyed, falling back five places from the rank of 149 in 2020. This places Nigeria as the second most corrupt country in West Africa.”
“The pardon power, if properly exercised, can help to protect citizens against possible miscarriage of justice.”
“SERAP, therefore, urges you to urgently withdraw the presidential pardon granted to Mr Dariye and Mr Nyame, and to propose amendment to section 175 of the Nigerian Constitution that will make the exercise of the power to pardon more transparent and consistent and compatible with the country’s international obligations.”
“Any proposed amendment should also empower the citizens to challenge the legality of any arbitrary exercise of the power of prerogative of mercy.”
By Aduragbemi Omiyale
A Federal High Court in Warri, Delta State, has affirmed the right of Nigerians to film personnel of the Nigeria Police Force (NPF) on duty.
The judgment was given by Justice H. A. Nganjiwa on Tuesday in a case filed by Mr Maxwell Uwaifo in suit number FHC/WR/CS/87/2025.
The court held that Nigerians have the constitutional right to use any device to record police officers executing their official duties in public.
It was ruled that police officers must wear visible name tags, display their force numbers, and must not harass, intimidate, arrest, or seize devices from citizens documenting their activities.
The court awarded the applicant N5 million in damages for the violation of his fundamental rights and N2 million for the cost of litigation.
Business Post reports that the respondents in the case were the Inspector General of Police (IGP), the NPF, the Police Service Commission (PSC), and the Attorney-General of the Federation (AGF).
The lawyer filed the case in accordance with Sections 34, 35, 36, 37, 38, 39, 40, and 41 of the Constitution of Nigeria and others.
“This judgement has significant implications for policing standards, civil liberties, and public accountability across Nigeria,” Mr Uwaifo said after the judgement.
By Aduragbemi Omiyale
The General Manager in charge of Transmission for Lagos Region of the Transmission Company of Nigeria (TCN), Mr Adeshina Adeonipekun, has stressed the critical role of Lagos in the national grid.
While receiving the chief executive of Eko Electricity Distribution Company (EKEDC), Ms Wola Joseph Condotti, at his office on Monday, he said the Lagos region accounts for about 30 per cent of total power off-take in Nigeria.
He stated that TCN was implementing strategic expansion and project upgrades aimed at enhancing grid stability and operational efficiency in response to rising demand.
Mr Adeonipekun highlighted recent key milestones achieved in the region, including the commissioning of a 100MVA power transformer at the Ijora 132/33kV Transmission Substation, a 300MVA transformer at the Lekki 330/132kV Transmission Substation, and a 125MVA unit at the Agbara 132/33kV Substation, among others.
According to him, these additions have further increased the region’s installed capacity to 5,470MVA on the 132/33kV network and 4,110MVA on the 330/132kV network.
He further said that there were several ongoing rehabilitations at key substations within the region, including Amuwo GIS, Akoka 132/33kV, and Itire 132/33kV Transmission Substations, all geared towards further improving reliability, reducing system constraints, and enhancing the overall efficiency of power delivery.
In her remarks, Ms Condotti expressed appreciation for TCN’s continued partnership and support, underscoring the importance of sustained collaboration between transmission and distribution companies in building a more stable and efficient electricity transmission and supply network.
Both parties explored ways to strengthen collaboration and ensure a more stable and efficient power supply in Lagos, the nation’s commercial hub.
By Adedapo Adesanya
The Governor of Anambra, Mr Chukwuma Soludo, says the years-long sit-at-home is now a thing of the past in the state as it will bring back lost economic viability to the South East state.
The governor spoke on Tuesday during his inauguration for a second term as the leader of the state, noting that security has improved in Anambra.
“The debilitating one-sit-at-home is over, and our schools, markets, businesses, and public servants are back to work. Reports say that ours is now the safest, or at least one of the safest states in Nigeria,” Mr Soludo said.
The second inauguration of the former governor of the Central Bank of Nigeria (CBN) witnessed eminent Nigerians, including ex-presidents Mr Goodluck Jonathan and Mr Olusegun Obasanjo, as well as the Vice President, Mr Kashim Shettima, among others.
“I’m sure many of you flew into Anambra yesterday, being Monday. Previously, it was not possible,” he said at the Alex Ekwueme Square in Awka, the state capital.
Primarily associated with the Indigenous People of Biafra (IPOB), a separatist group advocating for an independent Biafran state, the sit-at-home saw millions of South-East residents remain indoors, shut their businesses, and stay off the roads on Mondays. Initially, it was declared as a weekly protest (especially on Mondays) to demand the release of IPOB leader, Mr Nnamdi Kanu, in 2021 by the Federal Government and draw attention to the separatist cause.
The cause had significant socio-economic consequences in the South-East states like Abia, Anambra, Ebonyi, Enugu, and Imo.
However, Mr Soludo referenced several milestones, including the destruction of criminal camps and the “mass return” of Anambra indigenes during the Yuletide, as evidence of improving security in the state.
“Some 62 criminal camps have been dismantled, and 8 local governments previously under total siege have been liberated,” the governor said.
“Anambra had its best Christmas season in decades last December with a mass return and over 10,000 visitors per day to the Solution City every day until the 10th of January.”
Part of the measures to address insecurity in Anambra was the Homeland Security Law 2025, a measure the governor said contributed to the reduction in criminality.
The Independent National Electoral Commission (INEC) declared Mr Soludo as the winner of the November 8, 2025, governorship election in Anambra State. The APGA candidate polled a total of 422,664 votes, defeating his closest rival, the candidate of the All Progressives Congress, Mr Nicholas Ukachukwu, who scored 99,445 votes, while the candidate of the Young Progressives Party, Mr Paul Chukwuma, came third with 37,753 votes.
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