Grant of Presidential Pardon: Constitutionality, Implications and Limits

Abstract

Prerogative of mercy by the President constitutes exception to the rule that 
judgment of the Supreme Court is final. However, the procedure or protocol for the exercise of this power in order not to either defeat the constitutional presumption of innocence or amount to naked usurpation of judicial powers is seldom understood. To resolve this legal conundrum, this paper deployed the doctrinal research method to critically examine constitutional provisions that authorise the President to grant pardon in addition to judicial decisions that arose therefrom. The paper established that the President is constitutionally empowered to grant pardon to persons convicted of offences created by Act of the National Assembly or persons concerned with offences against the army, naval or air-force law or convicted or sentenced by a court-martial. It was further established that 
pardon can only be granted after conviction or when there is no pending appeal. To do otherwise will amount to naked usurpation of judicial powers. As the use of prerogative of mercy can be subject of abuse, it was recommended that the power of pardon by the President must be exercised only after consultation with the National Council of State in accordance with due process of the law.