LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Prerogative of Mercy — Exercise Not Permitted Pending Final Determination of Appeal
PRINCIPLE STATEMENT
A person convicted for murder and sentenced to death whose appeal is dismissed by the Court of Appeal is deemed to have appealed further to the Supreme Court. Until that appeal is finally determined, the Head of State or Governor cannot exercise prerogative of mercy.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Solola & Anor v. State (2005) NLC-2682003(SC) at p. 14; Paras B–E.
"It needs to be stressed for future guidance that a person convicted for murder and sentenced to death by a High Court and whose appeal is dismissed by the Court of Appeal is deemed to have lodged a further appeal to this court and until that appeal is finally determined the Head of State or the Governor of a State cannot pursuant to sections 175 or 212 of the 1999 Constitution, as the case may be, exercise his power of prerogative of mercy in favour of that person."
EXPLANATION / SCOPE
Prerogative of mercy cannot be exercised while an appeal to the Supreme Court is pending. The principle applies to constitutional law and criminal procedure.
