Lawyers call for strict adherence to sentencing guidelines for terror convicts

Following concerns raised by Nigerians who expressed fears that people convicted for terrorism offences could be granted pardon and allowed to reintegrate in society, some lawyers in Nigeria have given their opinion on the subject.

A former Attorney General of Edo State Mr Dr. Samson R Osagie puts his thoughts on the subject below as follows:

The Terrorism (Prohibition and Prevention) Act No.15 of 2022 was enacted to among other things provide for the effective, unified and comprehensive legal, institutional and regulatory framework for the detection,prevention, Prohibition, prosecution and punishment of acts of terrorism, terrorism financing, proliferation and financing the proliferation of weapons of mass destruction in Nigeria( Section 2(2)i of the Act.

Given the devastating impact of terrorism related activities across the Country, public concerns about the fate of those arrested, prosecuted and convicted in connection with terrorism and terrorism financing activities have heightened owing to the fear of the possibility of executive clemency or amnesty which they may benefit from while serving their term of sentence.

Against this background, it has become pertinent to recommend as follows:
A. That the Terrorism ( Prohibition and Prevention) Act 2022 be further amended to exclude persons convicted of terrorism or anti-Terrorism Offences from benefiting from Presidential clemency or any legal mechanism that may enure in their favor during the pendency of their jail term

B. That the provisions which grants the President the Prerogative of Mercy under Section 175 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) be amended to exclude the exercise of that power in favour of persons convicted of terrorism or terrorism related Offences.

The justification for this recommendations stems from the need to tighten the booze around perpetrators of terrorism against the nation and its hapless citizens. A situation which has affected the smooth development of the country and compromised the security and welfare of the citizens.

The National Assembly should therefore waste no time to carry out this urgency legislative endeavor in this urgent task to fight terrorism and stamp same out of our body polity.

.Also reacting on the issue, a former Chairman of the NBA young lawyers forum in Delta State, Mr Uwomano Anthony Junior Aki, also expressed his views below.

He wrote:

Terrorism is not an ordinary criminal offence; it is a direct attack on the sovereignty, security, and collective existence of the nation. Where a competent court, after a full and fair trial, has found an accused person guilty beyond reasonable doubt and determined that the individual poses a threat to national security, the suggestion that such a person should later benefit from executive clemency is, in most cases, difficult to justify.

While the Constitution empowers the appropriate executive authority to exercise the prerogative of mercy, that power should be invoked with the utmost restraint in terrorism cases. Any consideration of clemency must be exceptional, guided by compelling national interest rather than sentiment or convenience. There may be rare situations involving overriding diplomatic, humanitarian, or international obligations where clemency becomes necessary.

Even then, the safety, security, and long-term interests of Nigeria must remain the paramount consideration. The protection of the nation and its citizens should always outweigh every other competing interest.

Accordingly, I will always advise against the grant of executive clemency to persons convicted of terrorism. A conviction for terrorism follows a judicial determination that the offender has committed one of the gravest offences against the State and its people. Such convictions should not be lightly set aside by executive discretion.

However, where clemency must exceptionally be considered, it should be founded solely on overriding national interest, including compelling diplomatic or humanitarian considerations, and never on political expediency, public sympathy, or any other pretentious or extraneous consideration. In every instance, the security of Nigeria and the protection of its citizens must remain the supreme and decisive consideration....HE SAID

Triplenet reports that discussions and views on the subject is still ongoing.