Beyond the Stroke of a Pen: The Legal Consequences of Pardons in Nigerian and American Jurisdictions

Abstract

The executive power of pardon, deeply rooted in constitutional traditions like Section 175 of the Nigerian 1999 Constitution and Article II of the United States of American constitution transcends simple sentence mitigation.  While historically designed as an equitable safety valve to temper justice rigidity, promote public safety, among many others, the exercise of pardon power/executive clemency increasingly challenges the separation of powers and judicial finality frameworks. This paper analyses how the "stroke of a pen" impacts civil rights restoration and criminal records, among others. The paper contrasts the unrestricted scope of federal clemency in the United States with Nigeria's advisory model via the Council of State. The paper further scrutinizes the legal fiction established in Ex parte Garland - that a pardon blots out guilt - against contemporary jurisprudence where historical convictions persist despite the restoration of civic privileges. Finally, the paper concludes that historical conviction embedded within state law enforcement archives can still be factored in by sentencing courts as an aggravating circumstance for sentencing enhancement during subsequent criminal prosecutions.