State Govts Lack Constitutional Power To Grant Amnesty To Terrorists – Adeyanju

Human Rights Lawyer and Activist, Deji Adeyanju says State Governments do not have the constitutional power to grant Amnesty to terrorists

In a statement issued to newsmen in Abuja, on Thursday, the Rights Activists said
Under Section 212 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, a Governor’s power of pardon is limited strictly to offences created by laws of the State.

The statement reads in parts “Terrorism, however, is a federal offence governed by the Terrorism (Prevention and Prohibition) Act and falls squarely within matters of national security on the Exclusive Legislative List.”

“As such, only the President, acting under Section 175 of the Constitution, can lawfully grant amnesty for terrorism-related offences.”

“Any Governor who purports to grant amnesty to persons accused or convicted of terrorism acts ultra vires, and such an amnesty is legally ineffectual.”

“This was affirmed by the Supreme Court in the case of Attorney General of Ondo State v. Attorney General of the Federation & 35 Others (2002) 9 NWLR (Pt. 772) 222 where the doctrine of covering the field was explored and it was held that where federal legislation occupies a field of national importance, any inconsistent state action must yield.”

“In fact, in Alhaji Mujahid Dokubo-Asari v. Federal Republic of Nigeria (2007) 12 NWLR (Pt. 1048) 320, the Supreme Court held that where national security is threatened, individual rights must give way to the collective security and corporate existence of the country.”

“Matters touching on terrorism and national security are firmly within the exclusive competence of the Federal Government, beyond the reach of state-level political arrangements or concessions.”

The Proclamation of Amnesty for Niger Delta Militants in 2009 under President Umaru Musa Yar’Adua remains the clearest constitutional precedent. The offences involved were all federal crimes (treason, felony, and economic sabotage). The amnesty was therefore issued through a Presidential Proclamation pursuant to Section 175 of the Constitution.”

“Therefore, while state governments may engage in dialogue, facilitate surrender, or support rehabilitation and reintegration initiatives for terrorists which in my view promote terrorism, they lack the constitutional jurisdiction to grant amnesty for terrorism.”

PR/Garry Ochigbo