The immediate past Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, has stated that decisions regarding presidential pardons are legal matters handled by a designated committee, with the Attorney General’s role limited to presenting the committee’s report.
Malami made this clarification in an exclusive interview with The PUNCH on Friday while responding to allegations in former President Olusegun Obasanjo’s newly released book, Nigeria: Past and Future.
The book, one of two newly released to mark Obasanjo’s 88th birthday, alleged that corruption was at its worst under the administration of former President Muhammadu Buhari, with Malami playing a key role in enabling 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 tenure, two former governors — Joshua Dariye of Plateau State and Jolly Nyame of Taraba State — who had been convicted of fraud were granted presidential pardons.
Dariye had been serving a 10-year sentence for embezzling ₦1.126 billion in state funds, while Nyame was serving a 12-year sentence for misappropriating ₦1.64 billion.
The Council of State, presided over by Buhari in April 2022, granted them pardons on the grounds of age and ill health. Both were released from Kuje Correctional Facility in the Federal Capital Territory in August 2022, four months after the pardons.
Obasanjo, however, alleged that Malami had strongly advised Buhari to grant the pardons and that the process was tainted by corruption.
According to the former president, it was later discovered that neither Dariye nor Nyame had life-threatening illnesses, as initially claimed.
“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 refuted 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 explained 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 criticised the growing trend of unsubstantiated corruption allegations against public officials, both locally and internationally. He called for detailed and evidence-based claims to ensure 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 stressed 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 concluded that allegations lacking such specifics remain baseless, mischievous, and devoid of actionable grounds for legal pursuit.
