Image of Kunle Adegoke (SAN)

Senior Advocate of Nigeria and political activist, Kunle Adegoke (SAN), has defended the constitutional powers of the President to grant pardons, describing recent controversies surrounding presidential clemency as neither new nor unconstitutional.

Speaking on Frontline, a current affairs programme on Eagle 102.5 FM, Ilese Ijebu,  Adegoke argued that the exercise of pardon is a long-standing feature of Nigeria’s constitutional democracy and should not be mistaken for executive lawlessness.

According to him, presidential pardon technically sets aside the effect of a court’s sentence without overturning the judicial decision itself.

“Technically, let me use that expression, the President sets aside the decision of the court by granting pardon against the person sentenced,” Adegoke said.

He cited the historical example of Chief Obafemi Awolowo, who was convicted in 1963 and later granted a pardon that allowed him to return to active political life.

“Awolowo was sentenced in 1963. Later he was issued a pardon by the government and he was able to take part in political processes. So it’s not something new,” he noted.

ALLEGATIONS OF ERRORS IN PARDON LISTS AND PRESIDENTIAL RESPONSE

Reacting to public concerns over alleged errors in the compilation of recent pardon lists, Adegoke acknowledged that mistakes could occur within governance structures, stressing that public officials remain human.

“The people who are in power, whether executive, legislative, or judiciary, are human beings too. So mistakes can be made.”

He explained that recommendations for pardons often come from advisory channels within the presidency and may reach the President without complete information on some individuals.

However, he commended the President for reportedly correcting errors once concerns were raised.“For the executive or the President to realize that a mistake has been made and take steps to correct it, I want to believe that it is evidence of courage, honesty, and prudence.”

Adegoke dismissed claims that the President acted arbitrarily, noting that responsiveness to public criticism reflected responsible leadership rather than weakness.

PUBLIC CRITICISM AS A DEMOCRATIC SAFEGUARD

The legal practitioner praised public outcry and scrutiny, describing them as integral to democratic governance.

“I commend the public for raising the criticism and uproar against some decisions the public felt were not worthy.”

According to him, the willingness of the executive to respond to public sentiment shows accountability.

“If the public has condemned the decision and the President has gone ahead to make corrections, that means he is responsive and responsible to the people.”

THE MARIAM SANDA CASE AND THE LIMITS OF MERCY

One of the cases that stirred national debate, according to the programme host, was that of Mariam Sanda, raising questions about justice, mercy, and victims’ rights.

From a human rights perspective, Adegoke described justice as a three-way balance.

“The justice process must be justice to the public, justice to the accused, and justice to the victim.”

He emphasized that pardons remain rare compared to the volume of criminal convictions nationwide.

“When you look at thousands of cases decided yearly, you may not have more than a few cases, sometimes not even up to ten, that are pardoned.”

DEATH ROW DILEMMA AND THE BURDEN ON GOVERNMENT

Adegoke also addressed Nigeria’s growing death row population, attributing it partly to governors’ reluctance to sign death warrants.

“Many people have been on death row for over 20 years. Governors refuse to sign their death warrants, yet the state continues to feed and clothe them.”

He argued that this situation imposes a financial burden on government and reflects a moral and administrative dilemma.

While responding to suggestions that the Chief Justice of Nigeria should sign death warrants instead, Adegoke rejected the idea, warning against blurring constitutional boundaries.

“Execution of judgments is not within the precinct of the judiciary. That responsibility lies with the executive.”

He added that transferring such duties to the judiciary would require constitutional amendments and further strain an already overburdened judicial system.

GOVERNORSHIP AMBITION REMAINS ALIVE

Beyond legal discourse, Adegoke addressed questions about his political future, confirming that his ambition to become governor of Osun State remains intact despite recent setbacks.

“Very, very intact, notwithstanding any setback we may temporarily experience.”

He explained that while the APC primary produced another candidate, disputes were resolved internally to preserve party unity.

“We resolved it within the party. Nobody is in court challenging the outcome of our primary.”

CLARIFYING SUSPENSION AND DISQUALIFICATION CLAIMS

Addressing reports that he was suspended from the party, Adegoke clarified that he was never suspended but initially disqualified due to procedural issues, which were later overturned.

“That decision was set aside. We were all regarded as qualified.”

He stressed that his role in nominating the party’s consensus candidate confirmed his standing within the APC.

Adegoke revealed that President Bola Tinubu intervened to ensure a peaceful resolution, not by imposing a candidate, but by facilitating dialogue among party stakeholders.

“Nobody imposed anything on us. We are independent-minded people.”

He said party leaders collectively agreed months earlier to support whoever emerged as the party’s candidate to avoid internal crises.

APC VERSUS ADELEKE: A BATTLE FOR OSUN

Turning to Osun State politics, Adegoke expressed confidence that the APC would reclaim power in the next governorship election.

He attributed this to mass defections from the PDP and what he described as declining confidence in Governor Ademola Adeleke’s leadership.

“The APC is now overpopulated with people coming from PDP, depreciating the electoral value of the incumbent governor.”

He dismissed claims that Adeleke’s switch to the Accord Party could secure re-election, citing constitutional limits on independent candidacy.

ASSESSMENT OF ADELEKE’S GOVERNANCE RECORD

Kunle Adegoke (SAN) was particularly critical of Governor Ademola Adeleke’s performance in office, arguing that visible projects alone should not be confused with effective governance. While acknowledging that some infrastructural works are ongoing across Osun State, he said governance must be measured by impact, sustainability and improvement in citizens’ welfare.

According to Adegoke, the education sector under the current administration remains deeply troubling. He alleged that many public schools are severely understaffed, forcing old students’ associations and community groups to step in where the government has failed.

“In many public schools today, there are no teachers. Alumni associations are the ones employing teachers to keep the schools running. How can we honestly say education is being delivered under such circumstances?” he asked.

He argued that without deliberate investment in human capital, particularly teachers’ recruitment, training and welfare, any claim of educational reform would remain cosmetic.

On food security and agriculture, Adegoke questioned the effectiveness of the state’s agricultural policies, noting that food prices remain high despite increased revenue inflows to the state.

“If agriculture is working, food prices should be coming down. The ordinary Osun man should feel the impact. That is not happening,” he said.

He further argued that the administration has failed to deploy strategic agricultural planning that could leverage Osun’s arable land, youth population and federal intervention programmes to boost food production and reduce dependence on food imports from neighbouring states.

Adegoke also raised concerns about economic planning and job creation, saying there was little evidence of a coherent strategy to stimulate private-sector growth or attract sustainable investments.

“Governance is not just about sharing monthly allocations. It is about creating wealth, expanding opportunities and reducing poverty. I do not see a clear economic blueprint driving this administration,” he said.

While admitting that road construction and rehabilitation projects are visible, Adegoke cautioned against what he described as “governance by optics”, where infrastructure is prioritised without complementary investments in health, education and productivity.

He also questioned the administration’s fiscal priorities, especially given what he described as unprecedented federal allocations to states following fuel subsidy removal.

“This is the luckiest government Osun State has ever had in terms of revenue inflow. With this level of funding, the impact should be far more visible in people’s lives,” he argued.

Adegoke further claimed that despite improved revenue, the administration has not convincingly addressed unemployment, healthcare delivery or rising cost-of-living pressures faced by residents.

In his view, leadership requires more than popularity and public goodwill.

“Governance is a serious business. It requires preparation, technical understanding and a vision that goes beyond survival politics. Popularity cannot replace competence,” he said.

He concluded that unless there is a shift towards data-driven planning, long-term economic thinking and stronger institutional governance, Osun State risks missing a rare opportunity for meaningful development.

ON DEBT, FEDERAL ALLOCATIONS, AND ECONOMIC CONTEXT

Adegoke defended previous APC administrations against allegations of reckless borrowing, explaining that loans were taken within legal thresholds and later undermined by national economic downturns.

He contrasted that era with current increased federal allocations driven by subsidy removal and fiscal reforms.

“This is the luckiest government Osun has ever had in terms of revenue inflow.”

Call for Developmental Economics and Leadership Preparation

Concluding the interview, Adegoke criticized what he described as a lack of preparation among many governors, urging a shift toward developmental economics.

“Many governors were not prepared for governance. They don’t understand how to create wealth.”

He argued that effective leadership requires long-term planning, capacity building, and a deep understanding of resource management.

“We want governance that transforms lives, not just projects that look good.”