The Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu to immediately revoke the recent presidential pardon granted to individuals convicted or serving sentences for corruption, describing the decision as unconstitutional and contrary to Nigeria’s anti-corruption commitments.
In a statement issued on Friday, SERAP said the pardon was “entirely inconsistent and incompatible” with Section 15(5) of the 1999 Constitution (as amended), which mandates the Nigerian state to “abolish all corrupt practices and abuse of power.”
The group maintained that the decision undermines President Tinubu’s public stance on accountability and contradicts his administration’s promise to strengthen the fight against corruption.
“The pardon for those convicted or serving jail terms for corruption is antithetical to the Constitution and contrary to the president’s own oft-repeated commitments to uphold the rule of law,” SERAP said, adding that it would consider legal action if the decision is not withdrawn.
Citing international obligations, the organisation noted that the move violates Articles 26 and 30 of the United Nations Convention against Corruption (UNCAC), which require state parties to impose effective and proportionate sanctions for corruption-related offences.
“The pardon also constitutes an interference in the exercise of judicial power,” SERAP stated. “Because it appears arbitrary, it undermines the authority and independence of the judiciary and denies victims of corruption access to justice.”
While acknowledging that Section 175 of the Constitution empowers the president to grant pardons, SERAP stressed that such discretion must be exercised ethically and in good faith.
“When Section 15(5) of the Constitution is read together with the oath of office, it imposes ethical conditions on the president to ensure the prerogative of mercy is not used to promote impunity,” the group said.
The organisation further criticised the pattern of using presidential pardons to protect “influential politicians and politically exposed persons,” while “ordinary citizens who commit petty offences languish in prison.”
“The constitutional power of prerogative of mercy ought not to be an instrument of impunity,” SERAP concluded. “Impunity for corruption will persist so long as powerful individuals continue to evade justice for their crimes.”