₦airaland Forum

Flangelo12:
He's following the law.

The executive has pardon powers.

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.

muyico:
Is executive order
Juciary can't challenge it

Kindledlight:
The appeal for pardon came from the lady’s family and more importantly the late husband’s father because of of the children. Though it might have a political undertone.

Kindledlight:
The appeal for pardon came from the lady’s family and more importantly the late husband’s father because of of the children. Though it might have a political undertone.

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.

casualobserver:
Read the last sentence. Again Gbaja should know better. This is the job of a chief of staff. He has brought a lot of embarrassment to the president due to too many lapses and sloppiness.

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.

casualobserver:
The executive does not have the power to interfere in an ongoing case. There is separation of powers. It is only after the appeal has concluded that the president had powers to pardon.

Unlike the original case, which was brought by the executive, in an appeal the executive cannot even withdraw the case because the appeal was initiated by the woman.

Presidency cannot interfere in a court case it did not initiate and it can’t pardon a party in a case before the court. What if she was found innocent by the appeal court, what would he have been pardoning? Can you see now why they should have waited till the outcome of the appeal court before granting a pardon.

Nnamdi Kanu take note.

Cc: Yes.Daddy.Till.203

Again I repeat Gabajabiamila is probably the most sloppy tardy chief of staff I have known in the history of this country. This is why I say I don’t like Lagos APC people as a group….they’ve risen to the top on Tinubu’s glory despite being mostly very mediocre and overrated. All these gaffes and ridicule are his job to vet and avoid. This is why a chief of staff is so powerful and the gatekeeper. Appointing dead people, pardoning and withdrawing pardons, pardoning people with ongoing cases and many more. He is too sloppy for a chief of staff!

He is supppsed to be a lawyer for Gods sake!

Flangelo12:
He's following the law.

The executive has pardon powers.

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.

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.

Putindbutt:
Nonsense headline. The Presidential pardon was not the case before the Supreme Court, the Supreme Court gave judgement on an appeal before it. The constitution has given the President the powers for prerogative of mercy regardless the judgement of any court of the land. If the President still considered the woman pardoned, she's pardoned.

AlphaTaikun:
'Femi Gbaja is a U.S.- trained attorney and former Speaker of the House of Reps in Nigeria so one would have expected things to pan out right and with a sense of urgency. A lot of the APC Lagos guys who served in the Lagos State Government as lawmakers and Commissioners are brilliant folks and NOT mediocrities.

Something MUST be WRONG somewhere with reference to the tardiness you are talking about here. Even Jimi Disu who is a veteran Journalist with Nigeria Info FM on V/Island which I monitor via their mobile app from my base here has called out Gbaja (his first cousin) on multiple occasions while on air to such an extent that I started wondering that if he is indeed Gbaja's first cousin, why not simply phone him directly to give him constructive criticisms about observed lapses?

Last but NOT least, I'm aware that the appeal to grant pardon to Maryam Sanda was initiated by her late husband's biological father who due to Islamic principles chose to forgive her and because she gave birth to children for her late spouse. He then sent an appeal to the President Muhammadu Buhari to grant a pardon to her. So, the pardon of Maryam and others were started during Buhari's Presidency and NOT the President 'Bola Tinubu's President. Tinubu's government ONLY chose to bring up the cases for final vetting and everyone wel

Putindbutt:
Nonsense headline. The Presidential pardon was not the case before the Supreme Court, the Supreme Court gave judgement on an appeal before it. The constitution has given the President the powers for prerogative of mercy regardless the judgement of any court of the land. If the President still considered the woman pardoned, she's pardoned.

muyico:
Is executive order
Juciary can't challenge it

fergie001:
Source

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

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.

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

fergie001:
Source

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

muyico:
Is executive order
Juciary can't challenge it

AndroBlaze:
So her lawyers were the cause and the reason the Supreme Court spoke on the matter.

Hmmm....this country and incompetence sef.

But clearly the presidency started this rubbish rolling in the first place.

Dijita:
The problem is not with the power of executive clemency (pardon or reprieve) granted by the President or Governor, but rather in the lack of competency of some Nigerian lawyers in the applications of appropriate legal strategy.

A core tenet of jurisprudence is that a person who has been convicted has a choice: accept the judgment or pursue an appeal. The appellant maintains the right to withdraw their appeal at any time prior to a final judgment being rendered. This remains the client’s prerogative.

Consequently, if a client with a pending appeal is granted a pardon by the president, the straightforward legal course of action is to withdraw the appeal. This withdrawal allows the executive pardon to take immediate and standing effect, resolving the matter outside of the judicial system.

However, expecting the judiciary to issue a judgment that proactively incorporates and validates a recently granted executive pardon would indeed constitute a blurring of boundaries. This practice would amount to an executive intervention in the judicial process, which is inconsistent with the constitution principle of the separation of powers.

heryor2:
The Nigerian judiciary can ... 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).


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