The power vested in Nigerian governors under Chapter 6, Section 212 of the 1990 Nigerian Constitution to exercise the prerogative of mercy is a fundamental aspect of the judicial system. This provision allows governors to pardon convicted individuals, offering them a chance for redemption. However, as with any power, its use must be responsible, measured, and rooted in a commitment to true reformation, not merely the mitigation of punishment.
The Constitution makes it clear that this power should be exercised after consultation with a state advisory council on the prerogative of mercy. However, the mere act of consultation and the pardoning of individuals based on their words alone—without proper assessment—raises serious questions.
A key aspect of this process must be the consideration of the convicted person’s genuine repentance, their capacity for reform, and their commitment to reintegrating safely into society. This is particularly important when dealing with those who have committed serious offences or those who have been on death row for an extended period.
The signing into law of the Nigerian Correctional Service Act of 2019 by former President Muhammadu Buhari marked a significant shift in the approach to correctional facilities in Nigeria. The transformation of the Nigerian Prisons Service into the Nigerian Correctional Service was designed to focus on rehabilitation, ensuring that correctional facilities function as centres for reform rather than punishment.
Unfortunately, past experiences suggest that, all too often, reality falls short of this ideal. Many former inmates, having been subjected to harsh and dehumanising conditions, emerge from prison with hardened criminal tendencies rather than a reformed character. The idea of rehabilitation must therefore go beyond words—it must be backed by tangible, structured programmes designed to address the root causes of criminal behaviour.
Recent events highlight the potential dangers of inadequate reform programmes. In one such case, Omisakin Sunday, who had been granted a pardon by Governor Ademola Adeleke of Osun State, was remanded in custody for allegedly committing theft just 10 days after his release. This incident raises pertinent concerns about the effectiveness of the system and the need for more than just pardons. Sunday, a convicted individual, was pardoned for his past crime, only to be re-arrested for committing a similar offence. This type of recurrence not only undermines the concept of reformation but also exposes the public to further risk.
To avoid such situations and ensure the integrity of the prerogative of mercy, it is imperative that the government invests in comprehensive rehabilitation programmes. These initiatives should not merely focus on the period of imprisonment but also on the crucial time after release, equipping pardoned individuals with the necessary skills, support, and guidance to lead productive, law-abiding lives. Transforming the negative experiences of incarceration into opportunities for personal growth is essential for reducing the likelihood of reoffending.
The Governor and the State Advisory Council on Prerogative of Mercy must recognise that pardoning an inmate is only the first step. The process must be followed by effective rehabilitation and reintegration into society, ensuring a holistic approach to reformation. This will not only ensure the safety of the public but will also contribute to the broader goal of reducing recidivism and fostering a safer, more rehabilitated society. The power to grant mercy should therefore be exercised with the utmost responsibility, supported by a clear and robust framework for rehabilitation and community safety.
In the end, a more thoughtful and comprehensive approach to pardoning, one that is firmly rooted in genuine reform and community safety, is crucial to ensuring that the prerogative of mercy serves its intended purpose—offering a second chance without compromising public safety.