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THE PREROGATIVE OF MERCY PROVISION UNDER THE 1999 CONSTITUTION OF NIGERIA; WHAT IT HOPES TO ACHIEVE

Authors: OYAGIRI Buduka

Publication Type: Journal article

Journal: Babcock Socio-legal Journal

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Abstract

The powers of the president and governors to grant pardon is constitutionally provided for under sections 175 and 212 of the constitution of the Federal Republic of Nigeria (as amended) and thus justified by law. Therefore, the assertion that the president by showing mercy to Alamieyeseigha and others was acting with the fear of God; is within the realm of natural law thinking and highly un-verifiable but under our body of jurisprudence, one can trust that, even if the president or governors do not fear and obey God; they will uphold the constitution because they were elected under it and they took oaths to uphold its provisions intoto.

It would be correct therefore to say that what the president will do or not do is a question of law alone and nothing else. So that the Bracton quote that the “king ought not to be subject to man, but to God and the law because the law makes him king” is under our constitution qualified.

In this discuss, we shall consider whether prerogative of mercy is the same thing with clemency, nolle prosequi and amnesty and whether these concepts mean one and the same thing. Attempt will be made at defining the above concepts and to highlight the differences (if any). A brief discuss of the provisions of section 175 and 212 would be undertaken in order to state the implications of state pardon while paying particular attention to section 175(1)(d) of the constitution.

We then considered and stated the legal effect of state pardon on the ex-convict when so granted.

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OYAGIRI,B. . (2014). THE PREROGATIVE OF MERCY PROVISION UNDER THE 1999 CONSTITUTION OF NIGERIA; WHAT IT HOPES TO ACHIEVE, 4 (), 110-110.

OYAGIRI,B. . "THE PREROGATIVE OF MERCY PROVISION UNDER THE 1999 CONSTITUTION OF NIGERIA; WHAT IT HOPES TO ACHIEVE" 4, no (), (2014): 110-110.

OYAGIRI,B. and . (2014). THE PREROGATIVE OF MERCY PROVISION UNDER THE 1999 CONSTITUTION OF NIGERIA; WHAT IT HOPES TO ACHIEVE, 4 (), pp110-110.

OYAGIRIB, . THE PREROGATIVE OF MERCY PROVISION UNDER THE 1999 CONSTITUTION OF NIGERIA; WHAT IT HOPES TO ACHIEVE. 2014, 4 ():110-110.

OYAGIRI,Buduka , . "THE PREROGATIVE OF MERCY PROVISION UNDER THE 1999 CONSTITUTION OF NIGERIA; WHAT IT HOPES TO ACHIEVE", 4 . (2014) : 110-110.

O.Buduka , "THE PREROGATIVE OF MERCY PROVISION UNDER THE 1999 CONSTITUTION OF NIGERIA; WHAT IT HOPES TO ACHIEVE" vol.4, no., pp. 110-110, 2014.

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