The Advisory Council on Prerogative of Mercy (ACPM) in Enugu State says it is considering applications for clemency for convicted and prison inmates in the state.
The ACPM said it would examine the applications and make recommendations to Governor Peter Mbah, adding that recommendations may either be for or against the exercise of the power of prerogative of mercy.
The State Attorney-General and Commissioner for Justice, Dr. Kingsley Tochi Udeh, noted that the Council is empowered by the extant laws of Enugu State and the 1999 Constitution, as amended.
According to Dr. Udeh, who doubles as the ACPM Chairman, it would be guided by working guidelines and international standards towards ensuring transparency, credibility, and fairness in the treatment of applications for clemency, in line with the governance philosophy of Governor Peter Mbah.
The guidelines and standards, he explained, would assist the Council in determining whether to recommend to the Governor to grant clemency in the exercise of his constitutional powers of prerogative of mercy.
“Pursuant to Section 212 (1) of the Constitution of Nigeria, the Governor, in exercising this power, may grant any person concerned with or convicted of any offence created by any law of a state a pardon, either free or subject to conditions.
Grant to any person a respite of the execution of any punishment imposed on that person for an offence, substitute a less severe form of punishment for any person for such an offence.
Remit the whole or any part of punishment for any punishment imposed on that person for such an offence or of any penalty forfeiture otherwise due to the state on account of such an offence.
The Governor of Enugu State, in exercising his powers of Prerogative of Mercy, follows general principles that ensure fairness and equity, while taking cognizance that it is granted only in exceptional and truly deserving cases,” Udeh stated.
The Attorney-General maintained that each application will be examined on its own merit, taking into consideration the circumstances of the individual applicants and their show of character reformation or good conduct in the course of serving their court sentence.
He, however, stressed that consideration may not be given to the hardship of anyone who may be affected by the applicant’s serving of a court sentence, and the application may not be considered posthumously.
It will be recalled that Governor Peter Mbah recently inaugurated the Advisory Council on Prerogative of Mercy in the pursuit of his vision for transformative criminal justice administration, prison reform and decongestion, and societal rebuilding.
