Pardon Me?!

By Chidi Anselm Odinkalu

In September 1887, Harry Johnston, Acting Consul of the Oil Rivers Protectorate (Niger Delta) procured the apprehension successful the wharfs of the Niger Delta of King Jaja of Opobo connected the alternatively dubious complaint of “obstruction of trade”.

It accused King Jaja of violating a commercialized pact with the British, which did not, however, person immoderate penal provisions.

The erstwhile year, a Royal Charter granted successful the sanction of Queen Victoria had placed the territory nether the regularisation of the Royal Niger Company (RNC) which empowered it to “undertake and transportation connected the authorities oregon medication of immoderate territories, districts, oregon places successful Africa….” Essentially, the institution was government.

After arresting him, the RNC shipped King Jaja for proceedings implicit 1 1000 kilometres distant to Accra, superior of what is contiguous known arsenic Ghana. The time earlier the opening of his proceedings successful November 1887, the institution notified King Jaja that helium would basal proceedings successful what was efficaciously a Court Martial. Rear-Admiral Walter Hunt Grubbe of the Royal Navy presided. The announcement was truthful short, King Jaja could not telephone immoderate witnesses successful his defence. Historian, Elvar Ingimundarsson, who researched the past of the RNC, called it a “a Kangaroo court.” It recovered King Jaja blameworthy and sentenced him to exile, from which helium did not instrumentality alive.

13 years later, the RNC mislaid its Royal Charter and Her Majesty’s Government took implicit nonstop medication of the territory that would aboriginal go Nigeria. It comprised a colony successful Lagos and 2 protectorates, 1 to the northbound and the different successful the southbound of the country.

On the 108th day of the amusement proceedings of King Jaja successful a Kangaroo court, the authorities of General Sani Abacha re-enacted a akin publication starring to the execution connected 10 November 1995 of Ken Saro-Wiwa, Saturday Dorbee, Nordu Eawo, Daniel Gbooko, Paul Levura, Felix Nuate, Baribor Bera, Barinem Kiobel, and John Kpuinene, unneurotic known contiguous arsenic the “Ogoni Nine”. Their transgression was advocacy for liable exploitation of the hydrocarbons successful their communities successful Ogoni-land. Unable to telephone witnesses successful their defence, their destiny was pre-determined earlier a tribunal headed by Ibrahim Auta, a kinsman of Alhaji Abacha Maiduguri, who was the begetter of General Abacha. Like King Jaja, they were not allowed immoderate close of appeal.

On 12 October 2025, the Presidency announced that the Ogoni Nine were among 175 persons “who (had) received President Tinubu’s mercy.” The announcement followed a gathering of the National Council of State astatine which the Honorable Attorney-General of the Federation (HAGF), Lateef Fagbemi, a Prince of the Offa Kingdom successful Kwara State, who chairs the Committee connected the Prerogative of Mercy, reportedly presented the connection to assistance them pardon.

While the Ogoni Nine were included among the beneficiaries of the President’s mercy, King Jaja was excluded. Some would deliberation that is due to the fact that the injustice helium suffered happened truthful agelong agone that the scope of the president’s forgiving representation could not beryllium expected to question that acold backmost successful time. However, the database included Herbert Macaulay, the pioneer surveyor and nationalist, whose unfair condemnation for theft occurred successful 1913, a specified 26 years aft the proceedings and exile of King Jaja. He was besides a beneficiary of a post-humous pardon too.

The pardon to Herbert Macaulay raises astatine slightest 3 important issues. One is the scope and scope of the pardon powers of the president. Section 175(1) of Nigeria’s Constitution empowers the president to “grant immoderate idiosyncratic acrophobic with oregon convicted of immoderate offence created by an Act of the National Assembly a pardon, either escaped oregon taxable to lawful conditions.”

The proceedings and condemnation of Herbert Macaulay occurred successful the Colony of Lagos successful 1913. The Amalgamation of the Colony of Lagos with the Protectorates of Southern and Northern Nigeria which created the territory present known arsenic Nigeria, occurred the pursuing year. Nigeria became a federation successful 1951, 38 years aft the proceedings of Herbert Macaulay. (How) was helium convicted of a transgression created by the National Assembly?

Second, determination is an implicit procedural request successful the process of the prerogative of mercy: anterior to making a recommendation, the Committee should person had entree to and reviewed the transcripts and records of the proceedings starring to the condemnation successful respect of which it chooses to urge the workout of the president...