Prerogative of Mercy: Ekiti AG, Fapohunda issues guidelines for consideration of applications

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GUIDELINES FOR CONSIDERATION OF APPLICATIONS FOR  PREROGATIVE OF MERCY.


1. The Ekiti State Advisory Council on Prerogative of Mercy is a statutory body, established by Advisory Council on Prerogative of Mercy Law, No. 16 of 2012, enacted in furtherance of Section 212 (2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).


 2. The function of the Council is to advice the Governor of Ekiti State on the exercise of his constitutionally-vested powers of prerogative of mercy and recommend appropriate persons for the enjoyment of any aspect of the powers of prerogative of mercy, exercised by the Governor under the Constitution of the Federal Republic of Nigeria 1999 ( as amended) viz:


a. Granting any person concerned with or convicted of any offence created by any Law of a State pardon, either free or subject to lawful conditions.


b. Granting 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. Substitution of a less severe form of punishment for any punishment imposed on that person for such an offence.


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


 3. To facilitate diligent and efficient discharge of its functions and mandate, the Council, after its inauguration in 2013, formulated and adopted the following guidelines to govern certain aspects of its operational activities:


3.1. Approved sources of application for consideration for clemency:


a. The Nigeria Correctional Service

b. The Courts 

c. Access to Justice Public Institutions

d. Eminent Private/ Public Personalities

e. Individual Convicts/ Ex-Convicts


3.2. Mode of application for consideration for clemency:


a) Applications shall be in writing and addressed to the Chairman or Secretary to the Council


b) Applications shall contain all relevant information about the Applicant, with necessary supporting documents attached, to aid proper consideration by the Council.


3.3. Consideration of applications for clemency by the Council:


a) Applicants may be interviewed or assessed by Council to ascertain their eligibility for clemency


b) Applicants with pending Appeals in Courts may not be considered for clemency until such Appeals are determined.


c) Individuals, institutional or corporate sponsors of applications may be interviewed or assessed by Council to ascertain their integrity and credibility


 4. To facilitate the  effective and efficient performance of its functions, the Council adopted the following additional specific guidelines to ensure credibility, consistency and fairness in the consideration of applications for clemency:


4.1. Eligibility for a recommendation for clemency by council


a. Persons convicted  for capital offences (murder, armed robbery, kidnapping etc) who have spent fifteen years in prison custody.


b. Persons convicts for felonies attracting  life imprisonment who have spent more than Ten (10) years in prison custody


c. Persons convicted for other offences who have spent one quarter (1/4) of the imposed prison term in a correctional center.


d. Ex-Convicts with proof of rehabilitation, reformation and reintegration into society after release on completion of prison term.


4.2.  Recommendations for clemency by Council


Council will advise the Governor to consider the following categories of recommendations.


a. Death sentence to life imprisonment 


b. Life imprisonment to a term of imprisonment


c. A  reduction in the term of imprisonment

 

d. Release from the  Correctional facility


e. A grant of  State pardon


4.3. Derogation from Guidelines by Council


Council may derogate from the strict application of the guidelines in considering applications and making recommendations for clemency regarding the following categories of persons:


a. Convicted young persons between ages 18 and 21 years.


b. Convicted  Elderly persons  (non-habitual offenders) above the age of  70 years.


c. Convicted persons  with terminal diseases


d. Convicted persons  with  infectious diseases


e. Persons convicted for offences that are subject to a specific government policy in force. (presently in furtherance of the State Governments policy of  zero tolerance for all forms of sexual violence,  applications from  convicted sex offenders will not be considered)


4.4.  Any departure from these guidelines shall be based on the principles of transprency, fairness, impartiality and the protection of public interest.


4.5  Council shall provide in writing the rationale for any departure from these guidelines. 



Signed:


 Olawale Fapohunda

Honourable Attorney-General and Commissioner for Justice 

& Chairman, Advisory Council on Prerogative of Mercy

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