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Can A First Lady Grant Amnesty To A Criminal? - Politics - Nairaland

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Can A First Lady Grant Amnesty To A Criminal? by AloyEmeka9: 4:47pm On Jun 09, 2009
Sheriff’s wife grants amnesty to 5 female prisoners

AHMED MARI, Maiduguri

The wife of the Borno State Governor, Mrs. Fatima Ali Sheriff, has granted amnesty to five female prisoners in the state.




http://odili.net/news/source/2009/jun/9/706.html


She granted the amnesty when she toured some prisons in Maiduguri to asses the condition of prisoners, especially female prisoners with a view to assisting them. The first lady, who presented some gifts to the inmates, promised to set up skill acquisition centres in various prisons across the state to ensure that inmates are economically empowered after serving their various jail terms.

At the Professor Umaru Shehu ultra-modern hospital, Mrs. Sheriff promised to take up the issue of medical treatment of some patients who were in critical health conditions but cannot afford to pay their medical bills, and challenged wives of local government chairmen to take the issue of maternal health very seriously.

On poverty eradication, Mrs. Sheriff said, the Ministry of Women Affairs recently organised a combined graduation ceremony of products of its skill acquisition centres in Maiduguri, with over 4,000 trainees graduated in diverse fields covering tailoring, knitting, Home Economics appliances.

She also said the ministry has been collaborating with National Agency For the Prohibition of Trafficking in Persons and other related matters (NAPTIP) to ensure the freedom and safety needs of victims of trafficking which is very rampant in recent times.

The ministry has also evacuated over 100 lunatics on the streets of Maiduguri, and subsequently sponsored for their treatments at the psychiatric hospital Maiduguri.
Re: Can A First Lady Grant Amnesty To A Criminal? by ElRazur: 4:54pm On Jun 09, 2009
Is it constitutional? Or it is granted on the basis of "Oh i am iyawo gomina"?
Re: Can A First Lady Grant Amnesty To A Criminal? by mustafar1: 4:55pm On Jun 09, 2009
that happens in nigeria where being the first lady makes u the number 2 officer of the state and part of the government. and where the state judiciary and the legislature are useless and on its knees getting screwed by the governor.
Re: Can A First Lady Grant Amnesty To A Criminal? by Ilelobola: 4:55pm On Jun 09, 2009
Really? Surely she shouldn't be able to do so. But it's 9Ja afterall.

Some States websites are all about the governor and his wife as if it's a family business.
Re: Can A First Lady Grant Amnesty To A Criminal? by mustafar1: 4:58pm On Jun 09, 2009
Ilelobola:

Really? Surely she shouldn't be able to do so. But it's 9Ja afterall.

Some States websites are all about the governor and his wife as if it's a family business.

more than a few government websites, be it ministry, parastatal, etc are all about the governor, director, minister and the likes with no valued information available to visitors.
Re: Can A First Lady Grant Amnesty To A Criminal? by AloyEmeka9: 5:10pm On Jun 09, 2009
This is very unconstitutional. The first lady has no official executive power to do such.
Re: Can A First Lady Grant Amnesty To A Criminal? by ElRazur: 5:18pm On Jun 09, 2009
Do we have any legal eagle in the house? I know States laws are some how different from that of the country as a whole sometimes. But it would be nice to know the legality surrounding this move.
Re: Can A First Lady Grant Amnesty To A Criminal? by Nobody: 5:32pm On Jun 09, 2009
ElRazur:

Do we have any legal eagle in the house? I know States laws are some how different from that of the country as a whole sometimes. But it would be nice to know the legality surrounding this move.

The move was totally illegal as the constitution does not confer them with any executive powers other than the one conferred on ordinary citizens.
Re: Can A First Lady Grant Amnesty To A Criminal? by mustafar1: 5:33pm On Jun 09, 2009
i do not think the constitution recognizes first lady/man (whether state, federal and all others in between) more than them being the spouse of the states first citizen. all this madness makes me wonder.
Re: Can A First Lady Grant Amnesty To A Criminal? by Fhemmmy: 5:41pm On Jun 09, 2009
Only in Nigeria can even a first son or daughter can do anything.
Re: Can A First Lady Grant Amnesty To A Criminal? by ElRazur: 5:42pm On Jun 09, 2009
Guys I heard what you all have said. I just refuse to believe we can be this ignorant. I refuse to believe that someone with  no legislative powers, executive powers or have any bearing at all on the rule of law can grant criminals an amnesty. It is a smack in the face of rule of law.

Surely, if the King is dancing naked, there are a few people who will point this out? Where are the "Pro Nigerians" here? You know the ones that are blindly patriotic?

I mean, are these criminals granted amnesty on the basis that her name start with the following appellations? "Her excellency, First lady of, " Some please explain to me. This is utter madness and complete ignorance on path of the people running that state.
Re: Can A First Lady Grant Amnesty To A Criminal? by kshow1(m): 5:45pm On Jun 09, 2009
ElRazur:

Guys I heard what you all have said. I just refuse to believe we can be this ignorant. I refuse to believe that someone with no legislative powers, executive powers or have any bearing at all on the rule of law can grant criminal an amnesty. It is a smack in the face of rule of law.

Surely, if the King is dancing naked, there are a few people who will point this out? Where are the "Pro Nigerians" here? You know the ones that are blindly patriotic?

I mean are this criminal granted amnesty on the basis that her name start with the following appellations? "Her excellency, First lady of, " Some please explain to me. This is utter madness and complete ignorance on path of the people running that state.

NIGERIA WE HAIL THEE !!!!!!!
Re: Can A First Lady Grant Amnesty To A Criminal? by Fhemmmy: 5:47pm On Jun 09, 2009
ElRazur:

Guys I heard what you all have said. I just refuse to believe we can be this ignorant. I refuse to believe that someone with  no legislative powers, executive powers or have any bearing at all on the rule of law can grant criminal an amnesty. It is a smack in the face of rule of law.

Surely, if the King is dancing naked, there are a few people who will point this out? Where are the "Pro Nigerians" here? You know the ones that are blindly patriotic?

I mean are this criminal granted amnesty on the basis that her name start with the following appellations? "Her excellency, First lady of, " Some please explain to me. This is utter madness and complete ignorance on path of the people running that state.

My guy, there is no doubt abt it that this is the utmost of slap on the face of Nigerians, a nation of probably one of the most educated scholars in the world and yet we ave some nonsense happening, a first lady that hold no office, wasnt elected, nor even anything at all, granting Amnesty? but again, Nigerians will dance at her feet as long as they will get some favor from the useless Go Slow worm called Yar'Adua.
So instead of raising your blood pressure, just step above it and do ya thang.
Re: Can A First Lady Grant Amnesty To A Criminal? by ElRazur: 5:50pm On Jun 09, 2009
@Fhemmy.

Agreed.

Doing my thing is where the issue lies. Have you not see how people are on this forum? Do you think you can deal with them in real life? Remember in real life, there is access to gun and hired assassins. grin
Re: Can A First Lady Grant Amnesty To A Criminal? by Fhemmmy: 5:53pm On Jun 09, 2009
ElRazur:

@Fhemmy.

Agreed.

Doing my thing is where the issue lies. Have you not see how people are on this forum? Do you think you can deal with them in real life? Remember in real life, there is access to gun and hired assassins. grin

hahahahahaha.
Even in real life, you still have to just chill and let them be, cos you dont wanna stay behind the bars cos of some people that are not even worth it.
Re: Can A First Lady Grant Amnesty To A Criminal? by AloyEmeka9: 6:39pm On Jun 09, 2009
nuzo:

The move was totally illegal as the constitution does not confer them with any executive powers other than the one conferred on ordinary citizens.
Arinze gi. When did first lady/son/daughter become part of our constitution?
Re: Can A First Lady Grant Amnesty To A Criminal? by Kobojunkie: 8:43pm On Jun 09, 2009
ElRazur:

@Fhemmy.

Agreed.

Doing my thing is where the issue lies. Have you not see how people are on this forum? Do you think you can deal with them in real life? Remember in real life, there is access to gun and hired assassins. grin

Roflmao!!!
Re: Can A First Lady Grant Amnesty To A Criminal? by KnowAll(m): 11:26pm On Jun 09, 2009
Its simple, if the judge that sentence this prisoners does not agree with the first lady, then the first lady don hit brick wall be dat. She will find herself in an akward sitiuation, firstly she has no leg to stand on, neither does she have any constitional, moral, or professional right to over turn a pronoucement or judgment of a High court or any other court as the case may be. It will be a total an embarrassment to the governor of the state, I think some of our Governors needs to be embarassed and humilated.
Re: Can A First Lady Grant Amnesty To A Criminal? by biina: 12:24am On Jun 10, 2009
It is possible that the first lady simply announced the pardon granted to the prisoners, as I expect the pardon to have been granted before the visit.
The pardon is granted by the governor, who is expected to have consulted with the judiciary and the Committee on the Prerogative of Mercy.
I doubt she could walk into the prison and set people free indiscriminately.
Re: Can A First Lady Grant Amnesty To A Criminal? by AloyEmeka9: 10:37am On Jun 10, 2009
It is possible that the first lady simply announced the pardon granted to the prisoners, as I expect the pardon to have been granted before the visit.
[b]The pardon is granted by the governor, who is expected to have consulted with the judiciary and the Committee on the Prerogative of M[/b]ercy.
You are saying the governor knew all the prisoners in his state by name?. Assuming the last Niger Delta bombing was orederd by the first lady, will you say yaradua already told her while in bed to order the bombing?
Re: Can A First Lady Grant Amnesty To A Criminal? by biina: 11:03am On Jun 10, 2009
Aloy.Emeka:

You are saying the governor knew all the prisoners  in his state by name?. Assuming the last Niger Delta bombing was orederd by the first lady, will you say yaradua already told her while in bed to order the bombing?
WTF are you talking about. undecided
Re: Can A First Lady Grant Amnesty To A Criminal? by NaijaEcash(m): 11:15am On Jun 10, 2009
cheesy Nija for live! We just dey kampe.

Remember the politicians warned us that the democracy we are practicing is home-grown! That's why the most common dividend of democracy in Nigeria is POVERTY!

@all
Those complaining about the state websites being about the governor and his family should be careful. It is a[b] "well thought out strategy"[/b] If you promote the 1st Family, then the whole state will be promoted, shikena!

May God send us help! kiss kiss kiss
Re: Can A First Lady Grant Amnesty To A Criminal? by solosimple(m): 11:24am On Jun 10, 2009
na wah o!
Re: Can A First Lady Grant Amnesty To A Criminal? by Libra38: 11:47am On Jun 10, 2009
The Federal law does not permitt her to do so. But what about her state law?

I think we need to do some research here before jump into conclution.
Re: Can A First Lady Grant Amnesty To A Criminal? by MrCrackles(m): 11:51am On Jun 10, 2009
I really dont know what the underlying laws are, so i cant say!
Re: Can A First Lady Grant Amnesty To A Criminal? by biina: 12:13pm On Jun 10, 2009
Libra38:

The Federal law does not permitt her to do so. But what about her state law?

I think we need to do some research here before jump into conclution.
As far as I know, only the president and the governors are able to grant pardons. I dont think a state law can grant her powers denied by the constitution as she is not recognized as a member of the executive.
From the Constitution of the Federal Republic of Nigeria 1999 http://www.nigeriacongress.org/resources/constitution/Constitution%20of%20the%20Federal%20Republic%20of%20Nigeria.htm

The power of the President to grant pardon

175(1) The President may -

(a) grant any person concerned with or convicted of any offence created by an Act of the National Assembly a pardon, either free or subject to lawful conditions;

(b) grant to any person a respite, either for an indefinite or for a specified period, of the execution of any punishment imposed on that person for such an offence;

(c) substitute a less severe form of punishment for any punishment imposed on that person for such an offence; or

(d) remit the whole or any part of any punishment imposed on that person for such an offence or of any penalty or forfeiture otherwise due to the State on account of such an offence.

(2) The powers of the President under subsection (1) of this section shall be exercised by him after consultation with the Council of State.

(3) The President, acting in accordance with the advice of the Council of State, may exercise his powers under subsection (1) of this section in relation to persons concerned with offences against the army, naval or airforce law or convicted or sentenced by a court martial."


The power of the Governor to grant pardon

212. (1) The Governor may -

(a) Grant any person concerned with or convicted of any offence created by any law of a state a pardon, either free or subject to lawful conditions;

(b) grant to any person a respite, of the execution of any punishment imposed on that person for such an offence;

(c) substitute a less severe form of punishment for any person for such an offence; or

(d) remit the whole or any part of punishment for any punishment imposed on that person for such any offence or of any penalty forfeiture otherwise due to the state on account of such an offence.

(2) The powers of the governor under subsection (1)of this section shall be exercised by him after consultation with such advisory council of the state on prerogative of mercy as may be established by law of the State.
Re: Can A First Lady Grant Amnesty To A Criminal? by nonysmith(m): 1:17pm On Jun 10, 2009
This is uttermost rubbish and a slight on the face of the law and the citizens of nigeria. the first lady is only a ceremonial head and is not recognised by the constitution so how can she grant amnesty, the law says no!!!!!! angry common , wat bloddy state law says the president wife can grant amensty, if she is intelligent enuf she can sponsor a bill,help the less priviledge and so on grin
Re: Can A First Lady Grant Amnesty To A Criminal? by SkyBlue1: 2:04pm On Jun 10, 2009
Is the issue really wether the first lady has the power to grant amnesty or wether the first lady does not know the basic constitution and laws of the country? The simple truth is that I won't be surprised if Mrs Obama or Mrs Brown or even Mrs Bush could achieve such a feat, maybe out of pity on some inmates met during visit, talk to some people and get some prisoners (especially if it is minor crimes) released, basically backyard shenanigans and all hush hush. No biggie, they are afterall the wives of some powerful people.

The issue in the case of Mrs Sherrif is that this is clearly unconstitutional and it was done in public and in front of the press hence showing obvious ignorance of the basics of laws and the constitution or a complete disrespect and disregard for them, therein lies the shame and this is how I see the issue. What is scary is the blatant disregard and the various conclusions one can draw from that? This is tantamount to farting blatantly in public and calling the press to record the event incase anyone missed the pitch of the flatulence.
Re: Can A First Lady Grant Amnesty To A Criminal? by eldee(m): 2:10pm On Jun 10, 2009
biina:

It is possible that the first lady simply announced the pardon granted to the prisoners, as I expect the pardon to have been granted before the visit.
The pardon is granted by the governor, who is expected to have consulted with the judiciary and the Committee on the Prerogative of Mercy.
I doubt she could walk into the prison and set people free indiscriminately.

I agree with that point, in my opinion, she only recommended, the final decision was made by the Governor and the Judiciary.
And everyone, even you and myself, has the right to put forward people's names for amnesty, the rest lies on the Governor's final decision.
Re: Can A First Lady Grant Amnesty To A Criminal? by Libra38: 2:11pm On Jun 10, 2009
@ Sky Blue

The woman in question here is NOT Mrs. Yaradua but Mrs. Sherriff - Borno State First Lady.

Just note!
Re: Can A First Lady Grant Amnesty To A Criminal? by SkyBlue1: 2:13pm On Jun 10, 2009
Libra38:

@ Sky Blue

The woman in question here is NOT Mrs. Yaradua but Mrs. Sherriff - Borno State First Lady.

Just note!



Error which I corrected. Thanks

eldee:

I agree with that point, in my opinion, she only recommended, the final decision was made by the Governor and the Judiciary.
And everyone, even you and myself, has the right to put forward people's names for amnesty, the rest lies on the Governor's final decision.

Makes more sense that she that she put names forward, however the report does say she granted prisoners amnsesty. Either that was the case or it is lazy journalism. Its Nigeria so both highly probable
Re: Can A First Lady Grant Amnesty To A Criminal? by Nezan(m): 2:28pm On Jun 10, 2009
must_a_far:

that happens in nigeria where being the first lady makes u the number 2 officer of the state and part of the government. and where the state judiciary and the legislature are useless and on its knees getting screwed by the governor.

yeah,,,,,u r rite

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