Abuja-based lawyer, Deji Adeyanju, says state governors do not have powers to pardon terrorists.
In a statement on Thursday, Adeyanju condemned the practice
of some state governors granting amnesty to terrorists as part of non-kinetic
strategies to address the country’s worsening security challenges.
He insisted that such actions are unconstitutional and
legally invalid.
This is coming following the rising insecurity across
several states, especially in the North-West, North East and North-Central
zones, where banditry, mass kidnappings and terrorist attacks have persisted
despite sustained military operations.
Reacting, some state governments adopted dialogue,
negotiation and amnesty programmes, offering pardons, financial incentives and
rehabilitation packages to armed groups in exchange for laying down their
weapons.
Allegedly, states such as Zamfara, Katsina, Kaduna and Niger
have at various times explored or implemented some forms of amnesty or
negotiated settlements with bandit groups, often justifying the approach as a
pragmatic response to overstretched security forces and the humanitarian toll
of prolonged violence.
While proponents argue that the measures have led to
temporary reductions in attacks in some areas, critics maintain that the
initiatives embolden criminal elements and undermine the rule of law.
According to Adeyanju, beyond the policy debate, the actions
of state governors in granting amnesty to terrorists lack constitutional
backing.
“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. 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,” he said.
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