JUDICIAL ATTITUDE TO THE EXERCISE OF THE EXECUTIVE POWER OF THE PREROGATIVE OF PARDON UNDER THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999

Abstract

The Prerogative of Pardon is a political but constitutionally sanctioned preserve of political office holders at the Chief Executive level of modern states. It is an instrument of grace that sets a convict free from the disabilities associated with conviction. It is a procedure that removes all the barriers set by the fact of conviction yet leaving behind the scar or fact of conviction. Pardon is easily understood in post-conviction situations; but as an instrument at the disposal of Chief Executives of states before conviction is the point of concern that calls for a revisit of the Nigerian Court of Appeal’s decision in FRN v Alkali and anor. This work sets out to analyse this decision of the Court in the light of statutory and other judicial decisions to come to the conclusion either in support or against the decision of the Court of Appeal in the case under review. This inquiry shall employ the doctrinal investigation method and would consequently use mostly statutory and case law.