state governors lack powers to pardon terrorists
A senior Nigerian lawyer has warned that state governors lack the constitutional powers to pardon terrorists, insisting that any attempt by state governments to grant amnesty or clemency to individuals convicted or accused of terrorism is legally invalid and dangerous to national security.
The legal expert made this clarification amid renewed public debate following reports that some state authorities are exploring reconciliation or pardon arrangements for individuals linked to terror-related offences, banditry, or insurgency across parts of Nigeria.
According to the lawyer, while governors possess limited powers of pardon under the Constitution, those powers do not extend to terrorism, which remains a federal offence governed by national and international security laws,state governors lack powers to pardon terrorists.
Why Governors Lack Powers to Pardon Terrorists
Explaining the legal framework, the lawyer pointed to Section 212 of the 1999 Constitution (as amended), which grants state governors the authority to exercise prerogative of mercy. However, that power is strictly limited to state offences and persons convicted under state laws.
“Terrorism is not a state offence. It is a federal crime,” the lawyer said. “Once an offence falls under federal jurisdiction, particularly terrorism, insurgency, or acts threatening national security, only the President has the constitutional authority to grant pardon, and even that must follow strict legal procedures.”
This distinction, he stressed, means that state governors lack powers to pardon terrorists, regardless of political, security, or reconciliation considerations.
Terrorism as a Federal Offence
Under Nigeria’s legal system, terrorism is prosecuted under the Terrorism (Prevention) Act, a federal legislation enforced by federal agencies including the Department of State Services (DSS), the Nigeria Police Force, and the Office of the Attorney-General of the Federation.
The lawyer explained that because terrorism affects national security, international relations, and Nigeria’s obligations under global counter-terrorism treaties, states have no jurisdiction over such offences.
“Even if the crime occurred within a state, the nature of terrorism elevates it beyond state control. That is why governors lack powers to pardon terrorists,” he added.
Amnesty vs Pardon: Legal Confusion
The legal expert also addressed what he described as a dangerous confusion between amnesty and pardon.
While some state governments argue they are offering “amnesty” rather than pardon, the lawyer cautioned that any arrangement that releases terrorists from accountability without federal approval violates the law,state governors lack powers to pardon terrorists.
“Amnesty does not mean immunity from prosecution for terrorism,” he said. “If a state negotiates with armed groups, that does not erase federal criminal liability. Governors cannot, by policy or proclamation, override federal terrorism laws.”
This warning comes amid growing concerns that unofficial negotiations may undermine justice for victims and embolden criminal networks.
Security Risks of Illegal Pardons
Security analysts have repeatedly warned that illegal or improper pardons can weaken counter-terrorism efforts, encourage repeat offences, and damage public trust in the justice system.
The lawyer echoed these concerns, noting that state governors lack powers to pardon terrorists precisely because terrorism demands a unified national response.
“Granting clemency at the wrong level creates loopholes,” he said. “It sends a message that terrorism can be negotiated away, which is extremely dangerous.”
He added that Nigeria’s fight against terrorism requires consistent enforcement of federal law, not fragmented approaches driven by local political pressure.
https://ogelenews.ng/state-governors-lack-powers-pardon-terrorists
Role of the President in Terrorism Pardons
Under Section 175 of the Constitution, the President holds the prerogative of mercy over federal offences, including terrorism. However, even presidential pardons are subject to advice from the Council of State and must follow due process,state governors lack powers to pardon terrorists.
“This is not a discretionary political gift,” the lawyer said. “It is a constitutional process designed to protect national interest.”
The lawyer stressed that no state governor can substitute that authority, reinforcing the argument that state governors lack powers to pardon terrorists.
Victims’ Rights and Rule of Law
Civil society groups and victims of terrorism have welcomed the legal clarification, arguing that unauthorized pardons undermine justice for families affected by attacks, kidnappings, and insurgency.
“Terrorism destroys lives and communities,” the lawyer said. “The law is clear because victims deserve justice, not shortcuts.”
He urged state governments to focus instead on rehabilitation programmes, intelligence sharing, and cooperation with federal authorities rather than attempting legally questionable pardons.
What States Can Legally Do
Despite the limitations, the lawyer noted that states are not powerless. Governors can:
• Support deradicalisation and rehabilitation programmes under federal oversight
• Provide intelligence to federal security agencies
• Invest in community policing and early-warning systems
• Assist victims of terrorism through welfare and reconstruction programmes
What they cannot do, he reiterated, is pardon terrorists.
“Let it be clear: state governors lack powers to pardon terrorists, no matter how well-intentioned the move may appear,” he said.
Conclusion
As Nigeria continues to confront terrorism, banditry, and insurgency, legal experts insist that adherence to constitutional boundaries is essential. Any attempt by state governments to pardon terrorists risks legal invalidation, security backlash, and erosion of public confidence.
The lawyer concluded with a firm reminder:
“The rule of law exists to protect the country. When it comes to terrorism, only federal authority applies. States must respect that line.”
https://www.lawnigeria.com/Constitution
state governors lack powers to pardon terrorists
