Nolle persequi and prerogative of mercy in Nigeria : the position under Islamic law

Abstract

Nolle prosequi and prerogative of mercy in Nigeria context are separate constitutional powers. The former is the power vested on the Attorney- general to terminate criminal proceedings in any court before judgment. The latter is vested on the president of the federation and governors to forgive a criminal who has been convicted and ex-convicts. These powers have been subject of both legal and political discourse as a result of the perceived abuse of these powers by the authorities concerned. As such this research deals with some notorious cases of abuse of these powers and the decision of the Supreme Court on ILORI v STATE which is a locus classicus on Nolle prosequi. More so, the position of these powers under Islamic law is examined by this research and recommendations are also preferred to prevent continuous abuse of these powers by the delegated authorities.