Despite increasing calls for the federal government to grant pardons to politically exposed persons (PEPs), a more vulnerable population—pretrial detainees—continues to be overlooked.
Current records indicate that out of the 80,066 individuals in detention, 53,225—approximately 66 percent—are awaiting trial. Many of these detainees are being held for offenses that are legally pardonable or could have been handled through non-custodial measures.
According to data from the Ministry of Interior, only 26,841 inmates (34 percent) are actually convicted criminals serving their sentences. However, government attention appears to be more focused on granting clemency to politicians facing criminal charges or serving time for corruption and other offenses.
Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), recently disclosed that his office has been inundated with applications for presidential pardons for high-profile individuals. He made this revelation during the inauguration of the Presidential Advisory Committee on Prerogative of Mercy (PACPM) in Abuja. This committee is responsible for reviewing clemency requests and recommending candidates for presidential pardons.
Despite this initiative, sources at the Ministry of Interior revealed that while about 4,000 pretrial detainees have been released so far, thousands more remain behind bars with no relief in sight.
This situation contradicts the expectations raised by the Nigerian Correctional Service Act of 2019, which was intended to decongest prisons by promoting non-custodial measures and reducing the financial burden of maintaining inmates.
The cost of housing pretrial detainees remains a major concern. The federal government is projected to spend approximately N21.8 billion on feeding 53,225 pretrial detainees in 2025 alone. This increasing population of Awaiting Trial Persons (ATPs) also places an additional strain on an already overwhelmed judicial system.
Even though the federal government recently raised the daily feeding allowance for inmates from N750 to N1,125, it still falls short of addressing the harsh conditions many detainees face. Previous administrations had promised to resolve the issue of overcrowded correctional facilities within two years, but little progress has been made.
The Acting Controller-General of the Nigerian Correctional Service (NCoS), Sylvester Nwakuche Ndidi, confirmed that as of February 17, 2025, the total inmate population stood at 80,066. A breakdown of these figures revealed that awaiting trial persons numbered 1,810 in Port Harcourt, 2,290 in Enugu, 768 in Kuje, 190 in Suleja, and 6,629 in Lagos.
With each detainee requiring N1,125 for daily meals, the cost of feeding 53,225 pretrial detainees amounts to N53.2 million per day, N1.77 billion per month, and N21.8 billion per year. Experts argue that this expense could have been significantly reduced if the government prioritized justice sector reforms.
Nwakuche has called for collaboration between key stakeholders, including the AGF, the Inspector General of Police, state Attorneys-General, and Chief Judges, to expedite the trial process for these inmates. He stressed the need to prioritize those facing serious charges such as armed robbery and murder, which constitute the majority of ATPs.
The backlog in Nigeria’s judicial system remains a significant challenge. In the 2024/2025 legal year alone, the Federal High Court has 155,969 pending cases, while the Court of Appeal is dealing with 39,526. These figures do not even account for the cases awaiting resolution at the Supreme Court. Many pretrial detainees remain incarcerated due to prolonged trials, limited access to legal representation, and systemic inefficiencies.
In contrast, politically exposed persons often receive leniency through state pardons. A notable example was in 2022 when Nigeria’s Council of State pardoned former Plateau and Taraba governors, Joshua Dariye and Jolly Nyame, alongside 157 other convicts.
The Council of State, which advises the executive on policy matters, comprises the President, Vice President, Senate President, Speaker of the House of Representatives, past Presidents, former Chief Justices, and state governors. The Constitution grants both the President and state governors the authority to issue pardons under Sections 175 and 212, respectively.
Over the years, several high-profile politicians have benefited from these pardons. A former Speaker of the House of Representatives, Salisu Buhari, who was convicted of forgery, was later pardoned. Similarly, former Bayelsa State Governor, Diepreye Alamieyeseigha, received clemency. Critics argue that this pattern favors the wealthy and politically connected while ignoring thousands of ordinary Nigerians languishing in jail.
The disparity between pretrial detainees and politically influential convicts has ignited debates over fairness in Nigeria’s justice system. The recent proposal by AGF Fagbemi to ban state pardons for corrupt officials has been widely welcomed as a necessary step toward strengthening anti-corruption efforts.
Fagbemi has suggested amending the Constitution to prevent corrupt individuals from benefiting from executive clemency. He emphasized that pardons should not be used as an escape route for those convicted of looting public funds.
However, legal experts believe broader judicial reforms should take precedence over pardon restrictions. Douglas Ogbankwa, a legal analyst, argued that Nigeria’s legal system needs urgent reform to prevent unnecessary incarceration. He noted that the stringent bail conditions imposed on some detainees, including #EndBadGovernance protesters, have prolonged their imprisonment.
Ogbankwa advocated for alternative sentencing measures such as community service and a more effective parole system to reduce prison overcrowding. He further criticized the complex bail process at the Federal High Court, which often requires high-ranking sureties that most detainees cannot secure.
Another lawyer, Bayo Akindele, pointed out that state Chief Judges already have the authority to release individuals on trial or awaiting trial. He questioned whether granting the President and governors additional clemency powers was necessary.
Similarly, legal expert Sylvanus Malik cautioned against concentrating too much power in the executive branch. He warned that while restricting pardons for corrupt politicians is a positive step, it should not overshadow the urgent need for judicial reforms to ensure quicker case resolutions.
Senior lawyer Jerry Aondo echoed these concerns, stating that allowing corrupt officials to evade justice undermines Nigeria’s legal system. He argued that prison decongestion should not be used as an excuse to pardon politically connected individuals convicted of corruption.
Aondo emphasized that Nigeria’s fight against corruption would be severely weakened if convicted politicians continue to receive state pardons. He urged the government to focus on judicial reforms, such as expediting trials and implementing non-custodial sentences for minor offenses.
Senior Advocate of Nigeria, Mohammed Ndarani Mohammed, also criticized the practice of granting clemency to corrupt politicians. He described it as “legalizing corruption” and warned that it encourages impunity among the political elite.
Mohammed pointed to the economic consequences of corruption, citing abandoned projects and failing public infrastructure due to misappropriated funds. He argued that pardoning corrupt politicians sends a dangerous message—that powerful individuals can loot public resources without facing real consequences.
Nigeria’s declining reputation in global corruption indices is another concern. Mohammed noted that the country’s poor ranking has led to increased scrutiny for Nigerian travelers and businesses abroad.
Ultimately, Mohammed called for an amendment to the Constitution that would permanently exclude corrupt politicians from benefiting from state pardons. He stressed that enforcing justice against convicted officials is crucial for restoring public trust in Nigeria’s democracy.
He concluded, “If we are serious about fighting corruption and reforming our judicial system, we must stop this cycle of pardoning corrupt politicians. It is time to act.”
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