EXERCISE OF POWER OF PREROGATIVE OF MERCY BY THE GOVERNOR OF A STATE IN NIGERIA- A CRITICAL OVERVIEW

This analysis investigates the constitutional mechanism of the prerogative of mercy as it is exercisable by a State Governor within the Nigerian federation, positioning it as a notable exception to the established legal principle of the finality of Supreme Court judgments. Drawing upon a thorough review of existing laws and judicial precedents, this study confirms that the gubernatorial power to grant clemency is derived directly from the Constitution. While this authority is fundamentally discretionary, its legitimate application is contingent upon the fulfillment of specific, mandatory preconditions.

These conditions stipulate that the power:

1. Applies exclusively to pardons for individuals convicted of offenses defined under a state's own legislation.
2. Can only be exercised following a formal consultation with a designated Advisory Council of the State on the prerogative of mercy, which must be established by a State law.

Furthermore, judicial rulings consistently affirm that the prerogative of mercy is applicable only after a conviction has been secured and all available avenues of appeal have been exhausted. The guiding principle is that a pardon can only be granted for a wrong that has been legally established. Consequently, in any situation where a trial has not occurred, and therefore no conviction has been recorded, the prerogative of mercy cannot be lawfully invoked.

Recognizing that the prerogative of mercy is inherently susceptible to misuse, this paper concludes with the critical recommendation that the Governor's power to pardon must be wielded with extreme caution and in strict adherence to the due process of the law.