Reported by Weng Patrick Atokor l Journalist at Weng Global
The family of late Bamidele Adeyemi, who was killed in Abeokuta, Ogun State, in 2020, has appealed to Governor Dapo Abiodun to reject an application seeking state pardon and executive clemency for one of the men convicted over his death.
The family is opposing a clemency application filed on behalf of Ajayi Olayinka, who is serving a life sentence following his conviction in connection with Adeyemi’s death.
The dispute has brought renewed attention to an important but often misunderstood part of Nigeria’s justice system: the constitutional power of a state governor to grant a pardon, reduce a sentence or otherwise exercise the prerogative of mercy.
For Adeyemi’s family, the issue is deeply personal. They argue that granting clemency would reopen the wounds caused by his killing and undermine the judgment under which the convict is serving his sentence.
For the state, however, the question falls within a constitutional process that allows governors, after consultation with the relevant advisory council, to consider applications for mercy.
What happened to Bamidele Adeyemi?
According to a report by Saturday PUNCH published on September 26, 2026, Adeyemi was killed in Abeokuta during the COVID-19 lockdown in 2020.
The newspaper reported that Adeyemi was a member of a local community security committee and had been involved in enforcing restrictions around a community security gate in the Onikolobo area of Abeokuta.
The family said he was attacked after refusing to unlawfully reopen the restricted gate.
Saturday PUNCH reported that Olayinka and another defendant, Abayomi Oguntayo, were subsequently arrested and prosecuted before the Ogun State High Court.
The case eventually resulted in life sentences for both defendants in 2023 after a plea bargain reduced the original murder charge to voluntary manslaughter.
That distinction is important when discussing the case.
The family has described the killing as murder and strongly disputes aspects of the account presented in the clemency application. However, the court proceedings resulted in convictions for voluntary manslaughter and life imprisonment, according to the report.
A responsible account should therefore distinguish between the family’s description of what happened, the arguments made by the defence and the offence for which the defendants were ultimately sentenced.
Why is the family opposing the pardon?
The family’s objection centres on what it considers an attempt to minimise the circumstances surrounding Adeyemi’s death.
According to the petition reported by Saturday PUNCH, the family rejected claims contained in Olayinka’s clemency request that Adeyemi had provoked the confrontation and that the killing was not premeditated.
The family said such claims were an affront to Adeyemi’s memory and asked Governor Abiodun not to approve the request.
The petition was reportedly signed by Adeyemi’s sister, Oluwayemisi Adesanya, and submitted to the governor’s office on September 25, 2026.
The family also described the longer-term consequences of Adeyemi’s death.
According to the petition as reported by Saturday PUNCH, Adeyemi left behind a widow, a daughter who was 10 years old when he died and a son who was about eight months old at the time.
The family further alleged that Adeyemi’s parents suffered serious health problems following the loss of their son and subsequently died.
Those claims are the family’s account of the consequences of the tragedy and should be distinguished from independently established medical or legal findings.
What exactly is a state pardon?
A pardon is not the same thing as a court acquittal.
Under Section 212 of Nigeria’s 1999 Constitution, a state governor has constitutional powers known collectively as the prerogative of mercy.
The provision allows a governor to grant a pardon to a person convicted of an offence created by state law. It also allows the governor to grant a respite from punishment, substitute a less severe punishment or remit all or part of a punishment.
However, the Constitution does not give the governor an entirely unrestricted process.
Section 212(2) provides that the governor exercises these powers after consultation with the state’s Advisory Council on the Prerogative of Mercy, where such a council has been established by state law.
This means an application for clemency is not simply a request that automatically results in release.
It goes through a constitutional and administrative process in which the relevant authorities consider the circumstances surrounding the conviction and the request for mercy.
Why does the prerogative of mercy exist?
The prerogative of mercy is designed to provide an executive mechanism for exceptional circumstances after a person has been convicted and sentenced.
It can take different forms.
A governor can grant a pardon, reduce a sentence, suspend or delay punishment, or remit part of a sentence.
The principle therefore recognises that criminal justice involves both punishment and the possibility of rehabilitation or mercy.
In practice, governors have used the power in different circumstances, including cases involving rehabilitation, lengthy imprisonment, humanitarian considerations and other factors considered relevant by the authorities.
In June 2024, Governor Abiodun announced the release of 41 inmates in Ogun State following guidance from the Ogun State Advisory Council on the Prerogative of Mercy. He also announced the conversion of death sentences for 45 inmates to prison sentences.
Abiodun said at the time that some beneficiaries had acquired vocational skills or obtained degrees through the National Open University and had demonstrated good conduct.
The 2024 exercise illustrates why the prerogative of mercy can involve considerations beyond the original sentence, including rehabilitation and conduct while in custody.
It does not, however, establish that every application for mercy must be granted.
What is the significance of Olayinka’s application?
According to Saturday PUNCH, Olayinka’s lawyer submitted a request for state pardon to Governor Abiodun in February 2025.
The defence argued that the killing was not premeditated and asked the governor to exercise the constitutional prerogative of mercy.
The family has challenged that account and urged the governor to reject the application.
The disagreement therefore presents two competing considerations that frequently arise in clemency cases.
The first is the possibility of rehabilitation and a second chance for a convicted person.
The second is the continuing impact of a serious offence on victims and their families.
A clemency decision can therefore carry significance beyond the individual prisoner. It can affect how victims’ families understand justice, how communities perceive accountability and how the state balances punishment with rehabilitation.
Does a pardon mean the court was wrong?
No.
A pardon does not necessarily mean that a court conviction was legally incorrect.
The constitutional prerogative of mercy operates after the judicial process and provides an executive mechanism for mercy or modification of punishment.
That distinction is important.
Courts determine criminal liability through judicial proceedings. The executive clemency process addresses whether mercy should subsequently be exercised within the constitutional powers available to the governor.
The two functions are therefore different.
A governor considering clemency does not simply replace the court’s judgment with a different judicial verdict.
Instead, the governor is exercising a separate constitutional power relating to punishment and mercy.
What happens next?
As of the publication of the Saturday PUNCH report on September 26, 2026, the Ogun State Ministry of Justice and the State Advisory Council on the Prerogative of Mercy had not publicly announced a decision on Olayinka’s application.
The immediate next step is therefore consideration of the clemency request through the appropriate state process.
Until an official decision is announced, it would be premature to state that Olayinka will be released, that his sentence will be reduced or that the family’s request will be accepted.
The governor’s eventual decision will determine whether the application results in any form of executive mercy.
Why the case matters
The dispute highlights a broader issue in criminal justice: how governments balance accountability with rehabilitation.
For families of victims, a conviction can represent an important recognition that a loved one’s death or suffering has been formally addressed through the justice system. A subsequent request for clemency can consequently become emotionally difficult, particularly in serious violent-crime cases.
For correctional authorities and governments, however, rehabilitation is also an established component of criminal justice. Education, skills acquisition, good conduct and reintegration can form part of the arguments considered when mercy is sought.
The constitutional framework attempts to accommodate both principles by giving governors the power to exercise mercy while requiring consultation with an advisory council.
The Adeyemi case therefore goes beyond the question of one prisoner.
It raises questions about how executive clemency should be considered in serious violent-crime cases, how the interests and experiences of victims’ families are weighed, and how rehabilitation is assessed after conviction.
For now, the central fact is that the application remains a request rather than a completed pardon.
Governor Abiodun has yet to publicly announce a decision on the specific application, based on the information available at the time of publication.
The case also demonstrates why clemency decisions require careful distinction between established court outcomes, claims made by applicants, objections raised by victims’ families and the constitutional powers available to the executive.
Weng Global – Stories beyond borders
Sources
- Punch Newspapers — report on the Adeyemi family’s petition and Ajayi Olayinka’s clemency application, published September 26, 2026.
- Constitution of the Federal Republic of Nigeria, 1999 (as amended), Section 212 — Prerogative of Mercy.
- Punch Newspapers — report on Governor Dapo Abiodun’s 2024 exercise of the prerogative of mercy in Ogun State.
