By Chidinma Ewunonu-Aluko
An Ibadan-based Legal Practitioner, Mr Oluwatobi Fatoki, has said that President Bola Tinubu was empowered by the Nigeria constitution to grant pardon under the prerogative of mercy.
Fatoki, the former NBA Ibadan Spokesperson, said this in an interview with the News Agency of Nigeria (NAN) on Tuesday in Ibadan.
He was speaking on the constitutionality of Tinubu's recent pardon granted to some inmates and other individuals among whom are Mariam Sanda, Faruk Lawal, Gen.Mamman Vatsa, Herbert Macaulay among others.
He said the decision of the President to exercise his power under the prerogative of mercy to pardon was based on the recommendation of the Presidential Advisory Committee on Prerogative of Mercy.
Fatoki emphasises that such is well founded in law as same is provided for by virtues of Sections 175 and 212 of the 1999 Constitution.
"The same is applicable to State Governors, they have power to exercise prerogative of mercy.
"They have the power to grant pardons, provide relief from punishment, substitute less severe sentences, or remit punishment for offenses created by the National Assembly," he said.
The legal practitioner however noted that in exercising this discretionary power as constitutionally provided, thorough investigation should be made.
"Scrutinising those that this kind of prerogative of mercy will be extended to is indeed of essence and not on a platter of gold.
"This can be observed by looking at the circumstances surrounding the offences as in some cases there could have been a miscarriage of justice and as well harsh punishment.
"Also needed to be ascertained is the present condition of those gracefully and mercifully granted pardon.
"The extent of their genuine repentance, remorsefulness and opportunity to turn a new leaf and be more useful to the nation should be checked.
"As such the motives behind the decision must be clear and non sentimental," the legal practitioner said.
According to him, once this is done, it connotes that those that have benefited from pardon are deemed free from the offences they were earlier convicted of as if they have never committed such offences.
Also, he added that those who have their sentences reduced or sentenced to life imprisonment rather than death sentence had enjoyed from such pardon.
"The family members of those who are posthumously granted pardon by the President would forever be grateful for the good gesture," Fatoki said.
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