AGF Fagbemi Explains Why Tinubu’s Pardoned Inmates Remain in Custody
— Says clemency process still under legal and procedural review
By Dayo Adesulu
ABUJA — The Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, has clarified why none of the inmates recently granted presidential pardon by President Bola Ahmed Tinubu have been released from prison custody.
According to Fagbemi, the exercise, though approved by the Council of State, is still under review and remains incomplete pending final administrative and legal checks.
Presidential Clemency Yet to Be Concluded
In a statement personally signed by the Justice Minister on Thursday, Fagbemi explained that the Presidential Prerogative of Mercy Committee had completed its recommendations, but the final phase of the process—which involves legal vetting and documentation—was still ongoing.
“No inmate approved for clemency under the recent exercise of the President’s power of prerogative of mercy has been released from custody,” Fagbemi stated.
“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.”
Due Diligence Before Release
Fagbemi emphasized that the final stage of the clemency process requires the issuance of an official instrument of release, which is only done after thorough verification.
He explained that this step allows authorities to make necessary corrections or remedial actions before forwarding the final list to the Controller-General of the Nigerian Correctional Service (NCoS) for implementation.
“This verification process is part of the standard protocol and reflects the government’s commitment to transparency and due diligence,” he added.
“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.”
Public Vigilance Commended
The AGF acknowledged the public’s concern and feedback, noting that constructive criticism strengthens transparency and justice.
“The Honourable Attorney-General appreciates the public’s vigilance and constructive feedback, which continue to strengthen institutional integrity,” the statement read.
“Public engagement is always welcome, as it demonstrates that Nigerians care deeply about justice and good governance.”
Fagbemi assured Nigerians that the government would formally announce the release of qualified inmates once all legal procedures are completed.
“As soon as all legal and procedural checks are concluded, the public will be duly informed. The rule of law does not rush; it ensures fairness,” he said.
Background: Tinubu’s Presidential Clemency
It would be recalled that President Bola Tinubu recently granted clemency to 175 inmates and ex-convicts across various correctional facilities in the country under the Prerogative of Mercy initiative.
The pardon list included some individuals convicted of serious offences, such as drug trafficking, terrorism, and murder, sparking public outrage and legal debate.
Civil society groups and victims’ families have questioned the inclusion of certain names, arguing that clemency for high-profile offenders undermines accountability and justice.
Fagbemi’s clarification appears aimed at addressing these concerns and reinforcing that no premature release will occur until the law is fully satisfied.
What Happens Next
Legal analysts note that once the instrument of release is signed and forwarded to the Correctional Service, the beneficiaries will officially regain their freedom. However, this will only happen after the Justice Ministry’s legal unit certifies that each case meets the constitutional and procedural criteria.
For now, the ministry insists the review process is necessary to maintain public confidence in the justice system and prevent administrative errors that could compromise national security or judicial integrity.
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