Taming Executive Mercy: The Imperative for Regulatory Guidelines in Nigeria's Constitutional Pardoning Regime

Abstract

The prerogative of mercy is an old constitutional bulwark. It's intended to be law that's firm yet fair and kind. Under the Constitution of the Federal Republic of Nigeria (CFRN) 1999 (as amended), this power is given to the President and the State Governors under sections 175 and 212 of the constitution respectively. But this comprehensive power is unconstrained by objective statutory standards, administrative procedures or procedural precautions. As a result, the regime is today a vehicle for political patronage, isolation of elites and politicization of the criminal justice system.  This paper will discuss the institutional weaknesses of the unchecked executive mercy system in Nigeria. It draws on certain tenets of modern constitutionalism, the rule of law and separation of powers to examine a form of clemency which is exercised without restraint and of which the high-profile pardons for politically exposed persons convicted of grand corruption provides a case in point. This paper, by comparing the pardon processes of South Africa, India and the United States, shows how a rational, transparent and fair standards framework has become increasingly a component of pardon systems in modern democracies. The paper concludes by presenting a blue print of legislative and institutional changes which include the enactment of a Prerogative of Mercy (Regulatory and Procedural) Act, an independent statutory Advisory Board and the codification of mandatory criteria for the restoration of public trust, respect to victims' rights and tame monarchical executive mercy in Nigeria.

Keywords: Executive Mercy, Constitutional Law, Section 175, Rule of Law, Judicial Review, Political Corruption, Nigeria.