A prominent human rights lawyer, Maduabuchi Idam, has called on President Bola Ahmed Tinubu to extend the same presidential mercy granted to Maryam Sanda to Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB).
Idam’s call follows widespread public outrage over the President’s decision to pardon Sanda — who was convicted in 2017 for killing her husband, Bilyaminu Bello, after allegedly discovering compromising photos on his phone.
The lawyer, in a detailed constitutional statement, said Tinubu has the legal and moral obligation to balance justice with mercy by directing the Attorney-General of the Federation (AGF) to discontinue Kanu’s long-standing prosecution.
“Mr. President is hereby urged to extend the olive branch of mercy to Mazi Nnamdi Kanu and all persons detained in connection with the Biafra agitation,” Idam stated.
“Their continued detention has neither advanced the cause of peace nor served any meaningful national interest.”
Legal Basis and Constitutional Context
Citing Section 175 of the Nigerian Constitution, Idam noted that the President holds the constitutional prerogative of mercy — a power to pardon convicted persons after due consultation with the Council of State.
While acknowledging that Tinubu was legally justified in pardoning Sanda, Idam stressed that such powers must be exercised without bias or political sentiment.
He referenced landmark cases such as State v. Lucky Igbinedion (2014) and Lakanmi v. Attorney-General (Western Region) (1971), arguing that executive clemency must not interfere with ongoing judicial processes.
Under Section 174 (1)(c) of the Constitution, the lawyer explained, the Attorney-General has the authority to enter a nolle prosequi a legal withdrawal of prosecution at any stage before judgment.
“While the President cannot directly order the release of a defendant under trial, he can instruct the AGF to exercise that power,” Idam added.
He insisted that Tinubu’s government should now demonstrate fairness by ordering the AGF to discontinue Kanu’s case, just as it offered clemency to a convicted murderer.
The presidential pardon of Maryam Sanda who had exhausted her appeal process has sparked intense debate across the country, with critics accusing the Tinubu administration of double standards.
While some defend the move as a compassionate gesture, others question why a convicted killer is freed, yet Nnamdi Kanu, who has not been convicted, remains in prolonged detention.
Human rights advocates and Southeast leaders have since renewed their call for national reconciliation, urging the President to use his office to unite the country rather than deepen ethnic grievances.
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