The Abuse of Presidential Power of Pardon and the Need for Restraints

Abstract

This paper examined the nature and application of presidential power of pardon in Nigeria, the United States of America, India and South Africa, amongst others. The power of pardon is an important component of executive powers, which allows the President to intervene and grant pardon, as a way of “dispensing the mercy of government” in exceptional cases where the legal system fails to deliver a morally or politically acceptable result. It exists to protect citizens against possible miscarriage of justice, occasioned by wrongful conviction or excessive punishment. Nevertheless, in recent times, this power has, in practice, become a personal prerogative of the President, a remnant of tribal kingship generally reserved for the well-heeled or well connected. The power of pardon is virtually unfettered and unchecked by formal constraints in most jurisdictions, thereby rendering it susceptible to abuse. However, in some jurisdiction there are conventionally specified criteria which guide the grant of pardon. The paper also examined some of the incidents of abuse of presidential power of pardon in Nigeria and other jurisdictions and proffered suggestions aimed at ensuring a more purposeful and beneficial exercise of the pardon power, particularly in Nigeria.