STATUS OF A PERSON PARDONED IN NIGERIA

The Oyo State governor, Senator Abiola Ajimobi granted state pardon to three people serving life imprisonment and amnesty to twelve others in the state on  1^st of January,2014.

We shall be discussing the powers conferred on the President and Governors of the federal Republic of Nigeria to grant pardon and the status of the person(s) pardoned. 

In case of federal offences, the power to grant pardon a convict is vested on the president of the federal Republic of Nigeria, the president has the right to pardon any person convicted or sentenced by a court of competent jurisdiction in Nigeria,this include court martial while the state governor is the appropriate person to grant pardon on all state offences, but this should be done with utmost good faith and should not be abused.

Section 36(10) of the Constitution of the Federal Republic of Nigeria states that no person who shows that he has been pardoned for a criminal offence shall again be tried for that offence, pardon is not just a discharge but an acquittal.

The status of a convict pardoned by the president or governor was further established in OLU FALAE V. OLUSEGUN OBASANJO the supreme court held that pardon is an act of grace by the appropriate authority which mitigates the punishment the law demands for the offence and restore the rights and privileges forfeited on the account of the offence.

A person pardoned becomes NOVAS HOMO a new man and his status shall be of a person that never committed the offence.

In a plea of pardon, the accused person is saying that the appropriate authority has pardoned his conviction which an accused person who plead autre foise acquit or convict is saying that having being tried by a court of competent jurisdiction he should not  be tried for the same offence.

A convict who has been pardoned will no longer serve the penalty imposed on him or what is left of it, where a convict successfully plead autre fois convict he is still saddled with the responsibilities of a conviction.

Amnesty is granted to persons who are alleged to have committed an offence but have not been charged to court for the said offence.

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL