Adeyanju: Only President Has Power to Grant Amnesty for Terrorism

Human rights lawyer and activist, Deji Adeyanju, has stated that under the 1999 Constitution of the Federal Republic of Nigeria (as amended), state governors lack the constitutional authority to grant amnesty to persons accused or convicted of terrorism-related offences.

Adeyanju explained that Section 212 of the Constitution limits a governor’s power of pardon strictly to offences created by state laws, noting that terrorism is a federal offence governed by the Terrorism (Prevention and Prohibition) Act and falls under matters of national security on the Exclusive Legislative List. According to him, only the President, acting under Section 175 of the Constitution, can lawfully grant amnesty for terrorism offences.

He stressed that any governor who purports to grant such amnesty acts outside his constitutional powers, rendering the action legally invalid. Adeyanju cited the Supreme Court decision in Attorney General of Ondo State v. Attorney General of the Federation & 35 Others (2002), where the court held that when federal legislation covers a field of national importance, inconsistent state actions must give way.

He further referenced Alhaji Mujahid Dokubo-Asari v. Federal Republic of Nigeria (2007), in which the Supreme Court ruled that issues of national security fall within the exclusive competence of the Federal Government, even where individual rights are affected.

Adeyanju also pointed to the 2009 Niger Delta Amnesty Programme under former President Umaru Musa Yar’Adua as the clearest constitutional precedent, noting that it was issued through a presidential proclamation because the offences involved were federal crimes.

While acknowledging that state governments may engage in dialogue, encourage surrender, or support rehabilitation and reintegration initiatives, Adeyanju maintained that they have no constitutional jurisdiction to grant amnesty for terrorism-related offences.