The amnesty that certain state governors have granted terrorists is considered unusual by prominent lawyers in the nation today.
The attorneys denied to our reporters that any provision of the Constitution of 1999, as revised, granted the governors such authority, according to Vanguard’s reporting.
Since terrorism is a federal crime, they all agreed that state governors do not have the authority to deal with it.
The Terrorism (Prevention & Prohibition) Act, 2022 is a piece of federal legislation passed by the National Assembly, as stated by Mr. Kunle Edun, a Senior Advocate of Nigeria (SAN).
He stated that states do not have the authority to pardon, grant amnesty, or otherwise alleviate the punishment of anyone convicted of a terrorism-related crime, especially if that crime was tried under the Terrorism Prevention and Prohibition Act.
“The power to take over such matters and the suspects from the State government and deal with it as a federal crime lies with the federal government, through the appropriate federal security agencies.”
Another lawyer, Olugbenga Ephraim, agreed with Mr. Edun. He claimed that governors may pardon criminals, but that this power could only be used for crimes committed within the state.
Any reasonable person would find it indefensible to consider the idea that a governor of a state could pardon terrorists.
The prerogative of mercy granted to governors by section 212 (1) of the Constitution as revised in 1999 is undeniable. Pardon, respite, alternative punishment, and remission of penalties are all within their purview under this provision.
“However, these authorities can only be used for crimes that are specifically established by state statutes. No governor has the authority to pardon terrorists.
The Terrorism (Prevention) Act and similar federal statutes govern acts of terrorism. “Therefore, the federal government, not the states, is squarely responsible for prosecuting suspected insurgents or bandits,” he continued.
An attorney from Abuja named Nasiru Suleiman made the case that governors should have the power to pardon individuals who are suspected of being terrorists but have not yet faced charges in court.
“No governor is authorized to pardon convicted terrorists under any provision of the 1999 Constitution.
Nevertheless, in the absence of formal charges against the individuals in question, the governor, in his capacity as chief security officer of the state, has the authority to utilize whatever lawful measures to address any and all types of insecurity within his jurisdiction. The “carrot and stick” method could be part of this.
He stated that no state’s governor or attorney general may interfere in a case involving a terrorist charge or conviction, much alone grant amnesty to anyone.
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