Only President can grant amnesty to terrorists, not governors — Deji Adeyanju

Rights activist and lawyer, Deji Adeyanju, has said that state governments do not have the constitutional authority to grant amnesty to individuals accused or convicted of terrorism-related offences in Nigeria.

In a statement on Wednesday, Adeyanju explained that under Section 212 of the 1999 Constitution (as amended), the powers of a state governor to grant pardon are limited strictly to offences created by state laws.

According to him, terrorism is a federal offence governed by the Terrorism (Prevention and Prohibition) Act and falls under matters of national security listed on the Exclusive Legislative List.

He noted that only the President of the Federal Republic of Nigeria, acting under Section 175 of the Constitution, can lawfully grant amnesty for offences connected to terrorism.

Adeyanju argued that any governor who attempts to grant amnesty to terrorists acts beyond their constitutional powers, rendering such amnesty invalid and unenforceable in law.

He cited the Supreme Court’s decision in Attorney General of Ondo State v. Attorney General of the Federation & 35 Others (2002), where the apex court affirmed the doctrine of “covering the field,” holding that where the Federal Government has legislated on a matter of national importance, any conflicting state action must give way.

He also referenced the Supreme Court’s ruling in Alhaji Mujahid Dokubo-Asari v. Federal Republic of Nigeria (2007), which held that national security considerations override individual rights when the corporate existence of the country is threatened.

Adeyanju said the judgment underscores that terrorism and national security matters fall exclusively within the jurisdiction of the Federal Government.

According to him, the 2009 amnesty granted to Niger Delta militants under the administration of late President Umaru Musa Yar’Adua remains the clearest constitutional precedent.

He noted that the offences involved were federal crimes and that the amnesty was issued through a presidential proclamation in line with Section 175 of the Constitution.

Adeyanju, however, acknowledged that state governments may engage in dialogue, encourage surrender, or support rehabilitation and reintegration programmes, but stressed that they lack the constitutional backing to grant amnesty for terrorism-related offences.

“Any such move by a state government is not only unconstitutional but legally ineffective,” he added.