Presidential Pardon Recently Granted to Some Former State Governors and Others with the Attendant Negative Effect on the Fight Against Corruption in Nigeria

Abstract

This paper examines the application of presidential power of “prerogative of Mercy” in Nigeria as enshrined in the constitution of the Federal Republic of Nigeria (1999 as amended) which made similar provisions for the state Governor(s). The powers of either the sitting president of Nigeria or the State Governor to grant clemency by way of prerogative of Mercy on deserving citizen is subject to the trial and conviction by court of competent jurisdiction for Federal offences in case of the president and state offences in case of state governors respectively. The power of pardon is a veritable component part of the executive powers which allows the President or the state governor(s) to grant pardon as a way of showing compassion and mercies of the ruling government on deserving convict(s) periodically. The exercise of this power of pardon is the exclusive prerogative of the President or State Governor(s) and fears and apprehension are being expressed in some quarters that such powers can be deployed arbitrarily and subject to abuse, as same can often be used to favour political associate and cronies to the disadvantage of the government fight against corruption in Nigeria. This work discusses the application of the power of pardon by either the Executive president or governor(s), reactions from individuals including officials of Anti-corruption agencies as to how the recent pardon of the two politically exposed persons and others, who have been convicted and currently serving their respective jail terms at correctional centers within the country had dealt a devastating blow to the fight against corruption in Nigeria. Also, the application of prerogative of mercy in other jurisdictions such as in South Africa and the United States of America (US)  are briefly discussed, and then conclusion as to the desirability or otherwise of the application of this power in the face of the prevailing Anti-corruption struggles by successive governments in Nigeria.