THE EXERCISE OF THE PREROGATIVE OF MERCY: ITS IMPACT ON THE FIGHT AGAINST CORRUPTION IN NIGERIA

Abstract

The prerogative of mercy is a constitutional power vested on the President of the Federal Republic of Nigeria and the Governors of the states. The essence of the power is to protect citizens against possible miscarriage of justice occasioned by wrongful conviction or sentence. Regrettably, in recent times the power has become a veritable tool in the hands of the President and the Governors to promote and achieve personal and selfish aspirations.  Political, ethnic, religious and other primordial considerations are usually the factors behind the exercise of the power. The pardon granted to some convicted political office holders of corruption charges in the exercise of the prerogative of mercy in recent times speaks volumes.  Of course this trajectory is adversely affecting the fight against corruption in Nigeria. This paper intends to examine the exercise of the power and how it is impacting on the fight against corruption in Nigeria.  The paper recommends creating an exception to exclude the exercise of the power in corruption cases; or in the alternative the exercise of the power should be subject to the approval of two third majority members of the National Assembly in the case of the President and two-third majority of the members of the State House of Assembly in case of a Governor amongst others. The paper used doctrinal method to collate materials.