The Presidential Pardon and the Prerogative of Mercy are two different legal concepts in Nigeria although they are related and often used interchangeably in common parlance.
THE PREROGATIVE OF MERCY
The Prerogative of Mercy is a power to grant pardon or clemency to persons who have been convicted of certain offenses. This power is vested in the President of Nigeria, the Governor of a state or any other appropriate authority. This power is derived from the Constitution of the Federal Republic of Nigeria and the various other statutes.
The exercise of the Prerogative of Mercy in Nigeria by any of these vested authorities may result in the reduction of a sentence, remission of a sentence, or a full pardon. It is usually granted on the basis of certain conditions, such as the nature of the offense committed, the severity of the sentence that was imposed, the length of time already served, and the offender’s behavior while in custody.
An ex-convict who has been granted a pardon or clemency through the Prerogative of Mercy in Nigeria may have some of their rights restored, such as the right to vote, hold public office, or travel freely. However, it is important to note that the pardon or clemency does not erase the fact that the person was convicted of a crime and as a result, the conviction will still appear on their record. This means that they may continue to face certain limitations and restrictions as a result.
THE PRESIDENTIAL PARDON
The Presidential pardon refers to the power of the President of the Federal Republic of Nigeria to grant clemency to a person who has been convicted of a federal offense. The power of presidential pardon is derived from the Nigerian Constitution and can be exercised by the President at his discretion. The President may grant a pardon to a person by completely erasing their criminal record or reducing their sentence.
SLIGHT DIFFERENCES
The Prerogative of Mercy is a broader concept that covers the power of the executive authority (President, Governor, or any other appropriate authority) to grant clemency to a person convicted of a state or federal offense. The Prerogative of Mercy covers both the presidential pardon and the power of governors to grant clemency within their state. Thus, while the Presidential Pardon only applies to federal offenses, the Prerogative of Mercy applies to both federal and state offenses. Additionally, the Prerogative of Mercy can include other forms of clemency, such as the remission of a sentence or a reduction in the severity of the punishment.
Furthermore, where the presidential pardon may wipe an offender’s record clean, the prerogative of mercy does not. The Prerogative of Mercy provides a way for ex-convicts in Nigeria to seek forgiveness for their offenses and to be given a second chance to contribute positively to society.
In summary, while presidential pardon is a specific form of clemency granted by the President to a person convicted of a federal offense, the Prerogative of Mercy is a broader concept that covers the power of executive authority to grant clemency for both federal and state offenses.
