₦airaland Forum

Leonardo4:
Not when a the benefactor has appelled the judgement
You don't pardon a case yet to be decided in court

Flangelo12:
He's following the law.

The executive has pardon powers.

Titogbanski:
Very wrong insisting on death sentence, reminds me of the statement by our Lord Jesus Christ, let the person without sin cast the first stone

Titogbanski:
Very wrong insisting on death sentence, reminds me of the statement by our Lord Jesus Christ, let the person without sin cast the first stone

muyico:
Is executive order
Juciary can't challenge it

fergie001:
I will respond to you for a reason.

If Tinubu wanted to pardon her, now is the time not when it is still under appeal. Now the final Court in the land has spoken, the case has gotten to its final end, he can now do whatever he deems fit.

Her lawyer cited the pardon as a reason the case should be thrown out and it's a NO. Prerogative of mercy comes when the case has expired. Why do you think she hadn't been hanged before now, that is because it is still a live issue.

The President no matter how powerful cannot usurp the Powers of the Court.

Titogbanski:
Very wrong insisting on death sentence, reminds me of the statement by our Lord Jesus Christ, let the person without sin cast the first stone

muyico:
Is executive order
Juciary can't challenge it

YesDaddyTill203:
The Supreme Court does not have the power to cancel a pardon.
Whoever wrote this story is writing nonsense.

IN an executive style of government, the President has the authority to pardon as he wishes. You might not like it, but he has the authority.

Later, you will hear a different story, and then lazy Nigerians will come to blame the government instead of the lazy, incompetent journalist.

Titogbanski:
Very wrong insisting on death sentence, reminds me of the statement by our Lord Jesus Christ, let the person without sin cast the first stone

LagosOrigin:
Tinubu pardoned a killer, Sanda , what a useless president.

Killers don't deserve pardon.
Whoever that kills by the sword will die by the sword.

muyico:
Is executive order
Juciary can't challenge it

heryor2:
Lawyers please confirm correct.

According to Gemini

The Nigerian judiciary can review and, in certain circumstances, effectively overturn or void a president's pardon, especially if the pardon violates constitutional procedure or goes against judicial decisions.


Here is a breakdown of the key points:
1. Judicial Review of Procedure
* The President's power to grant pardon (Prerogative of Mercy) is conferred by Section 175 of the 1999 Constitution (as amended).
* A major check on this power is the procedural requirement: The President must exercise this power "after consultation with the Council of State" (Section 175(2)).
* A Nigerian court will generally not review the merit or wisdom of the pardon (i.e., whether the person deserved it, as this is considered a political question).
* However, if it can be proven that the President failed to follow the constitutional procedure (e.g., did not consult the Council of State), a court could theoretically declare the pardon void for procedural failure.

2. Judicial Review on Scope and Timing
The courts have actively stepped in to define the scope and timing of the President's pardon power, effectively limiting its application:
* Pardon Before Conviction: The Court of Appeal has held that the power of pardon can only be exercised over persons who have been tried and convicted by a competent court. A pre-conviction pardon would negate the constitutional presumption of innocence.
* Pardon While on Appeal: The Supreme Court has ruled that a President (or Governor) cannot exercise the power of clemency/pardon over a case while the person's appeal against conviction is still pending before the Court of Appeal or the Supreme Court. Doing so is considered an overstep of executive authority into the judicial domain.

In summary:
* The judiciary cannot directly overrule a pardon based on its opinion of the person's guilt or the President's discretion (the merit).
* The judiciary can effectively set aside or void a pardon if the executive violates the Constitution by failing to follow the correct procedure (consulting the Council of State) or by exercising the power in a manner that interferes with the judicial process (e.g., pardoning someone whose appeal is still pending).


>>>
The President can re-pardon now that the case has been finally decided by the supreme court

muyico:
Is executive order
Juciary can't challenge it

LagosOrigin:
Tinubu pardoned a killer, Sanda , what a useless president.

Killers don't deserve pardon.
Whoever that kills by the sword will die by the sword.

heryor2:
Lawyers please confirm correct.

According to Gemini

The Nigerian judiciary can review and, in certain circumstances, effectively overturn or void a president's pardon, especially if the pardon violates constitutional procedure or goes against judicial decisions.


Here is a breakdown of the key points:
1. Judicial Review of Procedure
* The President's power to grant pardon (Prerogative of Mercy) is conferred by Section 175 of the 1999 Constitution (as amended).
* A major check on this power is the procedural requirement: The President must exercise this power "after consultation with the Council of State" (Section 175(2)).
* A Nigerian court will generally not review the merit or wisdom of the pardon (i.e., whether the person deserved it, as this is considered a political question).
* However, if it can be proven that the President failed to follow the constitutional procedure (e.g., did not consult the Council of State), a court could theoretically declare the pardon void for procedural failure.

2. Judicial Review on Scope and Timing
The courts have actively stepped in to define the scope and timing of the President's pardon power, effectively limiting its application:
* Pardon Before Conviction: The Court of Appeal has held that the power of pardon can only be exercised over persons who have been tried and convicted by a competent court. A pre-conviction pardon would negate the constitutional presumption of innocence.
* Pardon While on Appeal: The Supreme Court has ruled that a President (or Governor) cannot exercise the power of clemency/pardon over a case while the person's appeal against conviction is still pending before the Court of Appeal or the Supreme Court. Doing so is considered an overstep of executive authority into the judicial domain.
In summary:
* The judiciary cannot directly overrule a pardon based on its opinion of the person's guilt or the President's discretion (the merit).
* The judiciary can effectively set aside or void a pardon if the executive violates the Constitution by failing to follow the correct procedure (consulting the Council of State) or by exercising the power in a manner that interferes with the judicial process (e.g., pardoning someone whose appeal is still pending).

nightsaint:
Unfortunately, you are correct. A presidential pardon overrides the authority of the court to convict. Once pardoned, you are as clean as a slate. Anything the courts do now regarding this matter is purely academic. That's why presidential pardons should only be used for political prisoners or convicts who obviously were convicted wrongly.

fergie001:
Source

PREVIOUS THREAD:
Maryam Sanda's Death Sentence Affirmed By Court Of Appeal

YesDaddyTill203:
The Supreme Court does not have the power to cancel a pardon.
Whoever wrote this story is writing nonsense.

IN an executive style of government, the President has the authority to pardon as he wishes. You might not like it, but he has the authority.

Later, you will hear a different story, and then lazy Nigerians will come to blame the government instead of the lazy, incompetent journalist.

fergie001:
I will respond to you for a reason.

If Tinubu wanted to pardon her, now is the time not when it is still under appeal. Now the final Court in the land has spoken, the case has gotten to its final end, he can now do whatever he deems fit.

Her lawyer cited the pardon as a reason the case should be thrown out and it's a NO. Prerogative of mercy comes when the case has expired. Why do you think she hadn't been hanged before now, that is because it is still a live issue.

The President no matter how powerful cannot usurp the Powers of the Court.

When I see things like this, I feel proud for NL.
God Bless you and thank you for this.

muyico:
Is executive order
Juciary can't challenge it

Samajogs:
PBAT really goofed on this pardon, I don't really know who advice him on this

LagosOrigin:
will you say this if the victim was your relative?