By Osunde Douglas Eseosa, Esq

Under section 175(1) of the Constitution of Nigeria, 1999, the President may grant a pardon either free or subject to lawful conditions, to any person convicted of or concern with an offence under any Act of the National Assembly, or may grant a respite to any person either for an indefinite period or for a specific time.

The president exercises this power as part of their executive power. The president can act in accordance with the advice of a member of the Council of Ministers, who is designated by the president in consultation with the Prime Minister.

The president’s power to pardon is unfettered or uninhibited and discretionary, similar to the power of the president of the United States. The power is not based on any guidelines or standards.

The president’s power to pardon is sometimes called the “Prerogative of Mercy”. The exercise of this power has generated controversy and reform proposals in Nigeria.

However, be mindful of the fact that a presidential pardon is not a final acquittal. And it does not remove the person from conviction or neither is the person innocent in accordance to the Constitutional rationale.

The Nigerian Constitution gives the power of pardon to the President, but some courts have ruled that it can only be exercised after a person has been tried and convicted. For example, in the case of Solola & Anor. v. The State, the Nigerian Supreme Court said that the President cannot exercise their power of pardon until an appeal is resolved.

The president may exercise his unrestricted power to prosecute Yahaya Bello without following any specific procedure.

The law is strictly construed with regard to the president’s executive power, which remains entirely uninhibited.

Osunde Douglas Eseosa, Esq., is
Legal Consultant, Employment Law, International Business Litigation, Criminal Defense Advocate & Corporate Law Lawyer
Barrister, Solicitor & Advocate of the Supreme Court of Nigeria
LL.B (Hons.), LL.M. (USA), B.L.
Member, Republican National Committee Advisory Board/
Executive Member, Republican Presidential Honor Roll.