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VOL. 12, ISSUE 3 (2026)
The exercise of prerogative of mercy within the milieu of the national ethics of integrity and discipline in Nigeria
Authors
Dr. Uwemedimo Otung, Dr. Grace Ahiakwo
Abstract
This paper examines the exercise of the
prerogative of mercy in Nigeria against the backdrop of the national values of
integrity, accountability, and discipline. The
power to grant pardon, which has been recognised in successive Nigerian
Constitutions, is founded on the principle that mercy has an important place in
the administration of justice and the rehabilitation of offenders. However, the
exercise of this constitutional power raises concerns where pardon is granted
in circumstances that appear inconsistent with the principles of accountability
and responsible governance. The study therefore examines the extent to which
the constitutional framework adequately regulates the exercise of the
prerogative of mercy and addresses the interests of both convicted persons and
the wider society. It adopts a doctrinal methodology, relying on constitutional
and statutory provisions, judicial decisions, books, journal articles, newspapers, and relevant governmental and administrative
instruments. A comparative approach is also employed to examine the operation
of the power of pardon in another common-law jurisdiction. The study finds that
the existing constitutional framework is inadequate in accommodating persons to
whom the State may legitimately wish to extend mercy, particularly
non-convicts, and that the exercise of the power has, in some instances, been
vulnerable to personal interests and political expediency. It concludes that
although mercy remains a legitimate component of the criminal justice system,
its exercise must be guided by constitutional values, transparency, and public interest. The paper recommends the incorporation of amnesty
into the constitutional framework on the prerogative of mercy to accommodate appropriate cases involving non-convicts, as
well as clearer constitutional safeguards restricting the granting of pardons to certain categories of offenders. These reforms would help preserve
the humanitarian purpose of mercy while strengthening integrity, accountability, and public confidence in
its exercise.
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Pages:394-400
How to cite this article:
Dr. Uwemedimo Otung, Dr. Grace Ahiakwo "The exercise of prerogative of mercy within the milieu of the national ethics of integrity and discipline in Nigeria". International Journal of Law, Vol 12, Issue 3, 2026, Pages 394-400
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