EXAMINATION OF THE APPROPRIATE STAGES FOR GRANT OF PREROGATIVE OF MERCY BY THE PRESIDENT IN NIGERIA

Under the Nigerian Constitution, the scheme of prerogative of mercy is provided to allow the President to pardon convicts for federal offences. This constitutes an exception to the rule that the judgment of the Supreme Court is final. Many mistake it that this power can be exercised at his whim and at every stage of criminal proceedings for which reason the power has been subjected to various forms of abuses. Following this challenge, this paper critically examined constitutional provisions that authorise the President to grant pardon in addition to judicial decisions that arose therefrom. The paper established that prerogative of mercy by the President should be properly exercised in order not to defeat the constitutional presumption of innocence. The paper further established that pardon is extended or grantable only after conviction or when there is no pending appeal and never otherwise. To do the contrary will amount to naked usurpation of judicial powers. As the use of prerogative of mercy can be subject of abuse, it was recommended that this humungous power of the President must be exercised only after consultation with the Council of State in accordance with due process of the law.