CONSTITUTIONAL LAW — Double Jeopardy — Pardon as Bar to Subsequent Trial
Ratio Decidendi
Per Muhammad, JSC, in Nigerian Army v. Aminun-Kano (2010) NLC-123-243-2008(SC) at p. 33; Paras C–D:
"No person who shows that he has been pardoned for a Criminal Offence shall again be tried for that offence."
Explanation / Scope
This principle establishes that a person who has been pardoned for a criminal offence cannot be tried again for that offence. The principle applies where double jeopardy is pleaded. It ensures that pardons are respected. The principle reflects the constitutional protection against double jeopardy. It prevents retrial after pardon. The court must bar prosecution where a pardon is shown. The principle provides guidance on the effect of a pardon.