By Dr. Ope Banwo, The Mayor of Fadeyi and Founding Partner, Banwo & Igbokwe Law. USA.
Exploring the messy beauty, dirty politics, and divine arrogance of presidential prerogative of mercy.
Let’s get one thing straight from the jump — the whole idea of the “Prerogative of Mercy” is to pardon criminals. Not saints.
Everyone in that list of pardons and clemency is a convicted criminal under our laws regardless of how highly any of us think of anyone on the list.
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Yes, you heard right — criminals. Not altar boys. Not Sunday school teachers wrongly accused. We’re talking about people legally found guilty and sentenced for crimes.
So, when some Nigerians start foaming at the mouth because President Tinubu pardoned “some criminals,” I just chuckle. What exactly did we expect? That the President would pardon angels?
If he wanted to pardon saints, he’d call it Prerogative of Congratulation, not Prerogative of Mercy. So essentially, what most talking about this are saying is that some criminals who were not pardoned are better than the criminals pardoned . Right? But I don’t think that’s the right debate we should be having at all.
The Real Question: Should Any Human Have This Power?
The issue isn’t which criminal got lucky (less than 100 out of over 2 million convicts) — it’s whether any human being should have the godlike power to decide who walks free and who rots in jail or whose record remained that of a convict even after death.
That’s where the real debate lies. Because once we accept that a single man, advised by a handful of bureaucrats, can overrule courts, judges, and victims in one stroke of a pen — we’ve quietly handed him the keys to heaven and hell.
Yes, the Nigerian Constitution gives the President that power, through the Council on Prerogative of Mercy. And once that council recommends, the President can sign off without further justification.
But if the process itself is opaque, political, or abused — the outrage should be about the process, not the person.
Every President globally Does It — From Tinubu to Trump
Before we get too righteous, let’s check how this works globally.
In the USA, President Obama pardoned over 1,700 offenders — including drug dealers.
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President Trump pardoned his political allies, campaign donors, and even war criminals.
Biden pardoned marijuana offenders as part of a midterm campaign promise.
So, when Tinubu’s list comes out and Nigerians start shouting “corruption!” — maybe take a deep breath. “It’s not a Nigerian anomaly; it’s democracy’s dirty little ritual.”
Presidents everywhere use mercy as both a moral gesture and a political weapon. It’s part justice, part politics, part chess.
Influence and Mercy — A Marriage of Convenience
Let’s stop pretending that inclusion on any “mercy list” is random.
There are thousands of inmates in Nigeria’s correctional facilities. Only a handful make the cut every few years.
And who gets on that sacred list? Those with reach. Those with connections. Those with favors owed.
Mercy, in our system, is often a luxury item — available only to those who can afford the lobbying fees.
It’s ugly, but it’s real. Even in the West, presidents often pardon their friends, financiers, and family allies. Power doesn’t just corrupt — it distributes mercy selectively.
Mercy vs. Justice: The Eternal Tug of War
Yes, victims deserve justice. But societies also need forgiveness.
The prerogative of mercy was never designed to be fair — it was designed to be human. To allow the system to bend once in a while for reasons that logic or law can’t explain.
In Yoruba we say, “Eni to da’le, lo mo idi ti o fi da’le.”(Only the betrayer knows why he betrayed.)
Some of these people may truly have repented.
Others simply got lucky.
But in the end, mercy is not about equality — it’s about discretion. And discretion, in the hands of men, will always be political.
The Real Danger: Mercy Without Accountability
Now this is where I stand with the angry mob — not on who was pardoned, but on how.: “We should demand transparency”.
Let the Mercy Committee publish its criteria, minutes, and rationale.
Let victims’ families have a say.
Let there be audits, timelines, and a clear review process.
Because unchecked mercy becomes injustice in disguise — a system where the powerful go free and the powerless stay forgotten.
My Bottom line From My Fadeyi Balcony
The Prerogative of Mercy is one of democracy’s strangest contradictions — a noble idea often used for ignoble reasons.
It exists because we recognize that justice without compassion becomes tyranny. But when compassion is sold to the highest bidder, it becomes corruption dressed as benevolence.
So, before you drag Tinubu on X (Twitter) or call for his impeachment over pardons, pause for a second.
He didn’t invent this game — he’s just playing the same script every leader plays.
“The real question is: Should any one man have the power to play God over the fate of others?”
Until we answer that, we’ll keep performing this outrage drama every election cycle — pretending to be shocked that presidents do what presidents have always done.
My bottom line on this issue: In the Court of Common Sense, mercy is messy — but outrage without understanding is even messier.
By Dr. Ope Banwo, Founding Partner,
Banwo & Igbokwe Law
3568 Dodge Street,
Omaha, NE 68131 USA
For more on different articles on my thoughts on politics, law, religion and social life in Nigeria among other issues check out my blog : www.MayorOfFadeyi.com
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