Zakar Mohammed Critiques Reversal of Presidential Pardons

Former House of Representatives member and political analyst Zakar Mohammed has strongly criticized the recent reversal of President Bola Tinubu’s pardon list, describing it as a “national embarrassment.” Speaking in an interview on ARISE News on October 5, 2023, Mohammed emphasized that the process surrounding the pardon was politically compromised and poorly managed, reflecting significant flaws in the inner workings of the Presidency.

Mohammed stated, “It’s embarrassing. It’s a national embarrassment, because in history, even with the military heads of state, I don’t think this has happened.” He suggested that the President must reassess the capabilities of those he has entrusted with important responsibilities, asserting that it is inadequate to appoint individuals who struggle with basic tasks, such as reviewing memos.

The political analyst argued that the initial pardon list should have undergone multiple levels of scrutiny before being presented to the President. “Before this list gets to Mr. President, there should be another layer that sieves it,” he remarked. He pointed out that Nigeria possesses many intelligent individuals who could have contributed to a more thorough vetting process. After this initial review, he noted that the Attorney General should also have played a critical role, stating, “I respect the Attorney General — he has paid his dues — but it should be professionally embarrassing for him that this happened.”

Mohammed referenced Section 175 of the 1999 Constitution, which grants the President the power to grant pardons but does not allow for the reversal of such actions once completed. He cited a legal precedent from the 2007 case of Atiku Abubakar v. Federal Government, where the court determined that pardons are final and irrevocable unless obtained through deceit or coercion.

He further elaborated on the global context, noting similar practices in countries like the United Kingdom and United States, where the prerogatives of mercy are irreversible once granted. “Even in the UK, in R v Foster (1740s), it was held that when the King speaks, it doesn’t reverse,” he explained, drawing parallels to the constitutional provisions that inform Nigeria’s legal framework.

In his critique, Mohammed cited a controversial pardon issued by former President Goodluck Jonathan in 2013 to Major Hamza Al-Mustapha, which, despite public outcry, was not reversed due to legal constraints. He expressed concern that the recent handling of the pardon process appears politically motivated and indicative of weak institutional checks within the administration.

“I can tell you from where I’m sitting that the list has been politicised. That’s why this could happen. The Attorney General wouldn’t openly tell Nigerians what is going on, but you could see he was being very careful with his words,” Mohammed said. He also questioned the government’s decision-making priorities, arguing that it is troubling that public pressure could lead to a reversal of the pardon list while the administration has not addressed critical economic issues, such as the removal of the fuel subsidy.

“If the President listens, why didn’t he revisit the matter of subsidy? Everyone knows subsidy must go, but it should have been done in phases — you don’t perform three operations on a patient at once,” he contended.

In conclusion, Mohammed asserted that the reversal of the pardon was not only legally questionable but also damaging to the integrity of governance in Nigeria. He stated, “It took public outcry for the revisit to happen, but even that revisit is not within the law. Once a pardon is announced, the process is completed. It’s irreversible unless obtained by deceit. The Council of State should have been fully involved.”