THE PRESIDENTIAL PARDON GRANTED CHIEF D. S. P. ALAMIEYESEIGHA: TIME TO REVISIT THE PRESIDENT’S PARDONING POWER UNDER SECTION 175 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED).

Abstract

Pardoning power is recognised and granted in almost every civilised society to the executive arm of government to be exercised in deserving cases. Section 175(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) confers the pardoning power on the President in respect of federal offences and makes him the ultimate judge of the entitlement of any person to be granted pardon. It is argued that although the presidential pardon granted Chief D. S. P. Alamieyeseigha in respect of his conviction for corrupt practices and money laundering does not offend the strict letters of s. 175(1) of the 1999 Constitution (as amended), such exercise could jeopardise the performance by the State of the sacred duty imposed upon it by the self-same 1999 Constitution to abolish corrupt practices and abuse of power. Given the corrosive and disruptive impacts of corruption on Nigeria’s economy and the development of her infrastructure, an amendment is proposed to s. 175(1) of the 1999 Constitution to remove the power of the President to grant pardon to any person convicted of corrupt practices. The proposed amendment will enhance the capacity of the State to perform its sacred constitutional duty of abolishing corrupt practices and abuse of power in the federation of Nigeria.

KEYWORDS: Presidential Pardon, Prerogative of Mercy, Constitutional Interpretation, Corrupt Practices, and Money Laundering.