Revisiting the Pardon Power in Pre-Conviction Cases: A Critique of Federal Republic of Nigeria v Achida & Anor

In the recent case of Federal Republic of Nigeria v Achida & Anor, the Court of Appeal of Nigeria held that the pardon power, as donated by the Nigerian Constitution, can only be exercised over persons who have been tried and convicted by a competent court. In other words, relying on the constitutional presumption of innocence and the ejusdem generis rule of interpretation, the court reasoned that a person who is presumed innocent until proved guilty cannot be a beneficiary of pardon at a pre-conviction stage. However, drawing on several provisions of the Constitution and other statutes, this paper offers a critique of the judicial decision and calls for a review of the position. The central argument in this paper is that, going by the framing of the relevant provisions of Nigerian laws on pardon, pardon can indeed be granted, before, during or after conviction in a criminal trial.