Analysis
National Council Of State & Constitutional Finality Of Presidential Mercy: A Rebuttal To Attorney-General’s Overreach
By Charles Ude

This paper interrogates the constitutional architecture of the National Council of State (NCS) and the inviolability of the Prerogative of Mercy vested in the President under Section 175 of the 1999 Constitution (as amended). It refutes the legality and propriety of any attempt by the Attorney-General of the Federation (AGF) to “review” or overturn a presidential pardon duly granted after consultation with the NCS.
The paper argues that such an attempt would be an unconstitutional excess, a breach of the doctrine of separation of powers, and an affront to the rule of law. It concludes that the AGF, who is constitutionally responsible for vetting and preparing such instruments, must be held squarely accountable for their content and consequences.
The recent advisories emanating from his office, including in the ongoing case of Mazi Nnamdi Kanu, raise serious questions about the quality, consistency, and constitutional fidelity of the Attorney-General’s counsel to the Federal Government.
I. The Constitutional Personality and Advisory Function of the National Council of State
The National Council of State (NCS) is one of the few constitutional institutions designed to temper presidential discretion with collective wisdom. Established under Part I, Paragraph 5 of the Third Schedule to the 1999 Constitution, it operates as a consultative body rather than an executive organ.
Its remit covers the most sensitive and symbolically weighty exercises of presidential power, including the conduct of population censuses, the award of national honours, and the grant of the Prerogative of Mercy.
Comprising the President, all former Heads of State and Presidents, all former Chief Justices of Nigeria, the President of the Senate, the Speaker of the House of Representatives, and all sitting State Governors, the NCS embodies the institutional memory and moral compass of the Republic.
Its advice, though not binding, is constitutionally required in matters where the framers intended the President’s discretion to be moderated by collective deliberation.
II. The Attorney-General’s Role and Constitutional Boundaries
The Attorney-General of the Federation, under Section 150(1) of the Constitution, is the Chief Law Officer of the Federation. His powers under Section 174 concern criminal prosecutions, the initiation, takeover, or discontinuance of proceedings , but do not extend to the revocation or reinterpretation of presidential prerogatives.
Within the NCS, the AGF serves only as a member under Paragraph 5(1)(h) of the Third Schedule; he possesses neither veto authority nor review competence over the Council’s advice or the President’s subsequent decisions.
Crucially, as the government’s principal legal adviser and the officer responsible for vetting and preparing the instruments by which such pardons are formalized, the Attorney-General cannot feign detachment or ignorance.
Where controversy arises over the propriety or process of a presidential pardon, the AGF must be held squarely accountable for the advice tendered and the legal sufficiency of the documentation executed.
If the Attorney-General now seeks to question or review the very act for which his office was the constitutional conduit, such conduct would be both contradictory and constitutionally untenable.
It would amount to the AGF sitting in appellate judgment over his own legal handiwork , a grave violation of administrative propriety and the maxim nemo judex in causa sua (no one should be a judge in his own cause).
III. The Prerogative of Mercy as a Sovereign and Final Executive Power
The Prerogative of Mercy is one of the most solemn attributes of sovereignty. Under Section 175(1)–(3) of the Constitution, the President may grant a pardon, respite, substitution, or remission of punishment to any person convicted of a federal offence, provided that he has consulted the NCS.
Once such consultation has occurred and the President has exercised the power, the act is final, complete, and irrevocable. A valid pardon is not a temporary administrative indulgence but a definitive constitutional act that obliterates the legal consequences of guilt.
As affirmed in Federal Republic of Nigeria v. Achida & Anor. (2018) LPELR-46065(CA), the effect of a pardon is to “wipe away the offence and its penalty, restoring the offender to the status of innocence.” In other words, the President’s mercy, once lawfully conferred, is beyond recall or review by any subordinate authority — including the Attorney-General.
IV. Rule of Law, Estoppel, and Institutional Stability
The rule of law demands that government actions be consistent, predictable, and legally final once perfected. The beneficiaries of a presidential pardon rely upon it in the same way citizens rely on the certainty of law. To revoke such a pardon would violate the doctrine of constitutional estoppel , the principle that the State cannot resile from its own solemn commitments.
Moreover, to empower the Attorney-General to reverse or review the President’s act of mercy would subvert the constitutional order and breach the separation of powers. The Prerogative of Mercy, like the assent to a bill or the declaration of war, is an act of the sovereign executive authority ,one that is insulated from bureaucratic caprice or ministerial revisionism.
If every presidential decision could be undone by the Attorney-General’s whim, Nigeria would descend into constitutional anarchy ,a Republic perpetually undoing itself.
V. The Question of Accountability: The Attorney-General’s Office Under Scrutiny
Given his central role in the preparation and authentication of presidential pardons, the Attorney-General must bear institutional responsibility for any alleged irregularities in the process. It would be an act of political dissimulation to scapegoat the President for actions emanating from the legal advice and documentation provided by his principal adviser.
Indeed, this controversy should invite a broader scrutiny of the Attorney-General’s recent advisory conduct. The government’s handling of the ongoing prosecution of Mazi Nnamdi Kanu provides a pertinent case study. The vacillation, inconsistency, and legal overreach that have marked that matter illustrate the dangers of politically inflected legal advice masquerading as constitutional interpretation.
When the Attorney-General’s counsel oscillates between law and expediency, the credibility of the entire justice system suffers. His duty is not to please political masters, but to preserve constitutional integrity. Where he fails, accountability must follow.
VI. Political and Institutional Dangers of Revisionism
The proposal to review presidential pardons is not merely constitutionally defective; it is politically reckless. It would establish a precedent of executive instability, whereby each new administration seeks to invalidate the lawful acts of its predecessors. The result would be a perpetual institutional regression ,a Republic in constant constitutional relapse.
To undermine a pardon granted after consultation with the National Council of State is to repudiate not only the President’s discretion but the collective wisdom of an elite constitutional forum composed of Nigeria’s past and present leadership.
Such revisionism would desecrate the sanctity of the state’s highest deliberative council and open a Pandora’s box of political vengeance and legal uncertainty.
VII. Conclusion
The Attorney-General of the Federation has no constitutional power to review, nullify, or reverse a presidential pardon granted in accordance with Section 175 of the Constitution. His role is advisory and administrative, not supervisory or appellate.
Any attempt to reinterpret or rescind a duly granted pardon is ultra vires, unconstitutional, and destructive of the rule of law.
Moreover, as the legal custodian responsible for preparing and vetting such instruments, the Attorney-General bears ultimate accountability for their content and validity. His recent advisory patterns, including those relating to Mazi Nnamdi Kanu, warrant urgent institutional scrutiny.
To condone such overreach is to permit the law’s guardian to become its violator. The Prerogative of Mercy, once exercised, stands as a sovereign act of grace. What has been constitutionally pardoned cannot be administratively unpardoned. To suggest otherwise is to invite constitutional chaos , a form of institutional self-immolation that would erode the very foundations of Nigeria’s constitutional democracy.
Finally, implicit in the comment credited to the Honourable Attorney General that “nobody has left the prison yet” is a self- indictment and swipe at the skewed constitutional process that resulted in the monumental embarrassment we are confronted with.
Nothing in recent times has portrayed us as a Banana Republic as much as this botched exercise of the prerogative of mercy. The president has about 6 Years more left of his tenure, what is the rush to free these people all about?
By Charles Ude, Esq. is a legal practitioner, author and scholar of Constitutional Law; Email: charlesude2014@gmail.com.
Analysis
Inside Akwa Ibom, BOI’s 4bn Naira Intervention for Local Businesses
*By Ofonime Honesty
For years, the story of small businesses has been one of resilient hustle hampered by a familiar adversary: access to capital. A struggling tailor with a waiting list of clients cannot afford an industrial machine. A rural farmer watches his business struggle due to his inability to expand and invest in modern tools. Even the tech startup with a brilliant idea operates on little, or zero budget.
This narrative is what the Akwa Ibom State Government and the Bank of Industry (BOI) are aiming to rewrite with a landmark N4 billion intervention fund, one of the most significant private sector injections the state has seen in recent years.
Announced recently, the comprehensive loan scheme for Micro, Small, and Medium Enterprises (MSMEs) is designed to be more than just a cash disbursement. Its objectives are multi-faceted: create over 5,000 new jobs, stimulate economic growth, boost agricultural productivity, and ultimately enhance household welfare across the state’s communities.
The program represents a deliberate and structured intervention to build the economy from the ground up. Rather than simply giving out loans, the initiative focuses on investing in the businesses that form the backbone of the local economy and equipping them for sustainable growth.
The programme framework outlines clear eligibility criteria aimed at ensuring transparency and impact. To qualify, businesses must be formally registered with the Corporate Affairs Commission (CAC) and have their operational headquarters within Akwa Ibom State.
Applicants must also provide valid means of identification during the application process.
The application process is a four-stage journey designed to vet and prepare applicants. It begins with online submission of business details through the official portal at https://aksgboiloan.akwaibominvest.ng, followed by a rigorous document verification stage where applicants must upload all required supporting documents.
Crucially, successful applicants will not receive funds immediately but will undergo mandatory capacity-building training with the Ibom Leadership and Entrepreneurship Development (Ibom-LED) agency before final approval and disbursement.
This training component serves as the soul of the scheme, building business acumen alongside providing financial capital. The approach aims to ensure businesses thrive long after the loan has been repaid.
For aspiring entrepreneurs dreaming of expanding their operations, the application portal is a gateway to possibilities.
This intervention is a game-changer since MSMEs represent one of largest employers of labour in any developing economy, and injecting N4 billion directly into this sector will definitely create significant ripple effects.
Analysis
Ten instances of misinformation in Nnamdi Kanu’s case (Part 2)
By Emeka Ugwuonye
6. Did the Court of Appeal decide that Kanu should not be tried for treasonable felony?
ANSWER: Not quite. While the Court of Appeal made a ruling regarding Kanu’s trial, that judgment was subsequently appealed to the Supreme Court, which reversed the Court of Appeal’s decision. As a result, the findings of the Court of Appeal have become irrelevant.
Currently, the law is defined by the judgment of the Supreme Court, which takes precedence over any previous appellate rulings. This means that Kanu can indeed be tried for treasonable felony, as the Supreme Court has upheld the charges against him. In legal terms, the most recent and authoritative ruling is what matters, and at this moment, that ruling supports the continuation of Kanu’s trial for the offenses he faces. It’s essential to recognize that legal outcomes are shaped by the highest court’s decisions, not by earlier judgments that have been overturned.
7. Should the judge have explained to him all these things when he asked the judge that question in court?
ANSWER: No, the judge should not have provided that explanation. Doing so would have amounted to the judge offering the kind of assistance that is typically provided by legal counsel. Nnamdi Kanu made the choice to represent himself, which means he cannot expect the judge to clarify or elaborate on legal matters outside the established rules of the court.
Moreover, Kanu’s question was posed in the context of his challenge to the court’s jurisdiction. This issue will be addressed in the court’s forthcoming judgment, and it would be inappropriate for the court to divulge information that pertains to a decision that has yet to be rendered. Judges must maintain impartiality and adhere to proper judicial protocol. Providing guidance or clarity on legal questions during court proceedings could compromise that impartiality and undermine the integrity of the judicial process.
In summary, it is essential for defendants to seek clarification and understanding from their legal counsel rather than from the judge. The legal system is designed to ensure that each party is responsible for navigating it according to established procedures and rules. By choosing to represent himself, Kanu has placed himself in a position where he must rely on his own understanding of the law, and the court must remain neutral, providing a level playing field for all parties involved.
8. What is the implication of Nnamdi Kanu representing himself?
ANSWER: Representing himself is arguably the gravest mistake Nnamdi Kanu could make. While he has the legal right to defend himself, this is a right that no reasonable person should choose to exercise in a complex legal battle. It’s akin to firing your doctor and attempting to perform an appendectomy on yourself—an act fraught with peril and devoid of sound judgment.
Self-representation in legal proceedings can lead to disastrous consequences, as it places the individual at a significant disadvantage. The law is intricate, filled with procedural rules and nuanced arguments that require expert knowledge and experience to navigate effectively. By opting to represent himself, Kanu risks undermining his defense and jeopardizing his position in court.
Furthermore, there appears to be an inclination for Kanu to enjoy the spotlight and assert his voice, but that desire should not override practical legal considerations. The courtroom is not a forum for personal expression but a formal setting where skilled attorneys utilize their expertise to advocate for their clients’ best interests. By eschewing professional legal representation, Kanu not only diminishes his chances for a favorable outcome but also engages in a self-defeating strategy that could have serious ramifications for his case.
In summary, while the choice to represent oneself is protected under the law, it is rarely a wise decision—especially in a high-stakes legal environment like the one Kanu finds himself in. Professional legal representation is crucial for ensuring that rights are upheld and justice is pursued effectively. Ignoring this reality is a significant miscalculation that Kanu may come to regret.
9. What is the implication of him refusing to present his defense?
ANSWER: Initially, I considered the possibility that his decision might be a strategic one. However, it has become clear that this refusal to present a defense is a significant miscalculation. By not offering a defense, Nnamdi Kanu leaves himself completely vulnerable, providing no counterarguments against the allegations and evidence brought forth by the prosecution. As a result, the prosecution has a clear path to victory.
Without any defense to challenge the prosecution’s case, the court is effectively compelled to convict him. The legal principle at play is that the court has already established that the prosecution has presented a prima facie case—which means they have provided sufficient evidence for the case to proceed. Kanu’s failure to defend himself means that he is allowing the prosecution’s arguments to stand unopposed.
This situation puts Kanu at a serious disadvantage and effectively undermines any chance he had of achieving a favorable outcome. When a defendant does not testify or present evidence in their favor, the court is left with only the prosecution’s narrative, increasing the likelihood of a conviction. It is crucial in any legal proceeding for a defendant to engage actively in their defense, as neglecting to do so can lead to a self-inflicted defeat.
10. Can Kanu be tried in Nigeria for broadcasts he made outside Nigeria?
ANSWER: Yes, Kanu can indeed be tried in Nigeria for statements made outside the country. The law takes into account the location where the effects of an action occur, rather than where that action was carried out. A person can commit treasonable felonies or incitement from abroad, especially if the incitement has the potential to impact individuals or events in Nigeria.
The crucial factor is where the individuals being incited are located or where the unlawful act is intended to be executed. This principle underlines the legal precedent that holds individuals accountable for their words and actions, regardless of their physical location at the time.
Moreover, the Terrorism Prevention Amendment Act of 2013 was specifically amended to extend its reach beyond Nigeria’s borders, allowing for the prosecution of offenses committed outside the country if they have implications within Nigeria. This means that Kanu’s statements from abroad could fall under the jurisdiction of Nigerian law, especially if they are perceived to incite unlawful activities or threaten national security.
In summary, Kanu’s geographical location does not absolve him from accountability under Nigerian law. He can be prosecuted for his statements made outside Nigeria as long as those statements have consequences within the country. This legal framework emphasizes the importance of holding individuals accountable for their actions, irrespective of where those actions are conducted.
Analysis
Ten instances of misinformation in Nnamdi Kanu’s case (Part one)
By Emeka Ugwuonye
There has been so many false information flying around about the case of Nnamadi Kanu. Unfortunately, many people are believing such false claims and are actually relying on them. Hence, I will identify 24 such false claims and debunk them.
1. Was the Terrorism Prevention Amendment Act, 2013 ever repealed?
ANSWER: No, the Terrorism Prevention Amendment Act of 2013 has not been repealed. The Act was an amendment to the original Terrorism (Prevention) Act of 2011 and introduced important changes, including provisions for extra-territorial application of the law and enhancements related to terrorist financing offenses.
2. Did the Nigerian Supreme Court rule that Nnamdi Kanu cannot be tried under the Terrorism Act?
ANSWER: The Nigerian Supreme Court did not explicitly rule that Nnamdi Kanu cannot be tried under the Terrorism Act. In October 2022, the Supreme Court of Nigeria dismissed the appeal filed by Kanu challenging the charge of terrorism against him, stating that his initial issue regarding jurisdiction was not substantiated, and the lower courts had the right to adjudicate the case. The court effectively upheld the earlier decisions that allowed for Kanu’s trial to proceed.
3. Is it true that Nnamdi Kanu is not being tried under a written law as the Constitution requires?
ANSWER: All the seven counts proffered against Nnamdi Kanu in the ongoing trial are based on written laws, principal the Criminal Code Act and the Terrorism Prevention Amendment Act, both of which are written laws.
4. Is it true that Kanu does not know the law under which he was charged?
ANSWER: No, that is not true. Kanu knows the law and sections of the law under which the charges against him were brought. He became aware the moment they handed his charging documents and he read the charges against him. Each count of the charge states what he is alleged to have done wrong, the date and place where he did it and the law which declared his alleged actions to be a crime. Also, during his arraignment, the court official read out the charges to his hearing in open court and he was asked if he understood each charge and he answered Yes before pleading to each charge.
5. What offense exactly did the government of Nigeria accuse Nnamdi Kanu of committing?
ANSWER: The offenses the accused Kanu of committing fall into two groups. The first group is treasonable felony, which basically accuses Kanu of doing certain things with the intention and purpose of intimidating and threatening the officials of government with the purpose of forcing them to change policy – the secession of Biafra. The second group is the defamation of President Buhari. (This is the weakest of all the offences charged).
The third group relates to the terrorism offenses. Here is accused of incitement (the sit-at-home orders). These offenses are well-spelled out in the charging documents.
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