Former Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, has emphasised that presidential pardon decisions are legal matters handled by a designated committee, with the Attorney General’s participation confined to submitting the committee’s findings.
Malami made this clarification in an exclusive interview with The PUNCH on Friday, responding to claims made in former President Olusegun Obasanjo’s new book, Nigeria: Past and Future.
The book, one of two published to commemorate Obasanjo’s 88th birthday, claimed that corruption was at its peak during the government of former President Muhammadu Buhari, with Malami playing a crucial role in supporting corrupt practices.
Obasanjo claimed that “the most atrocious waste, enthronement of corruption, and discouragement of officials fighting corruption” occurred during Buhari’s administration, describing Malami as a “devil’s workshop.”
During Buhari’s administration, two former governors convicted of fraud, Joshua Dariye of Plateau State and Jolly Nyame of Taraba State, were awarded presidential pardons.
Dariye received a 10-year term for embezzling ₦1.126 billion in state monies, while Nyame was sentenced to 12 years for misappropriating ₦1.64 billion.
In April 2022, Buhari presided over the Council of State, which awarded them pardons based on their age and ill health. Both were released from Kuje Correctional Facility in the Federal Capital Territory in August 2022, four months after their pardons.
Obasanjo, on the other hand, claimed that Malami forcefully advised Buhari to give the pardons and that the process was infected with corruption.
According to the former president, it was eventually determined that neither Dariye nor Nyame had life-threatening illnesses as previously indicated.
“It was all part of Malami’s financial shenanigans, and he played many such schemes to his advantage. His principal concurred, condoned, turned a blind eye and a deaf ear, and paid lip service to fighting corruption while cohabiting comfortably with corruption in multifarious ways,” Obasanjo alleged.
In response, Malami strongly denied the claims, insisting that the process of granting pardons is strictly regulated by law.
“Generally speaking, the issue of pardon is a legal matter governed by law and existing legislation, in which a committee on the prerogative of mercy—not the Attorney General—is responsible,” he stated.
He further stated that his role as attorney general was limited to presenting the committee’s report to the Council of State.
“The responsibility for actions and inactions associated with the committee’s recommendations lies with the committee, not the Attorney General,” Malami said.
Malami also denounced the growing tendency of unfounded corruption allegations against public leaders, both locally and globally. He advocated for thorough and evidence-based assertions to assure credibility.
“Our system and polity are characterised by wild and unsubstantiated allegations of corruption relating to official acts of governance, both locally and internationally. We have witnessed unguarded allegations even against our well-respected presidents during international media engagements. The Hard Talk interview of President Obasanjo is a relevant case in point,” he noted.
The former Minister of Justice emphasised that for any corruption or bribery allegation to hold weight, sufficient details must be provided.
“It is only reasonable to provide adequate particulars where allegations of corruption are made. Who gives what? How much was given? Who facilitated the bribery? Through what medium was the bribe given? On what date and time? These details are always necessary to establish reasonable suspicion,” Malami said.
He added that allegations lacking such specifics remain baseless, mischievous, and devoid of actionable grounds for legal pursuit.
