Pardon and Nolle Prosequi Within the Context of War Against Economic and Financial Crimes in Nigeria: A Critique

Abstract

This article seeks to appraise the effects of pardon or prerogative of mercy and nolle prosequi in the war against corruption, economic and financial crimes in Nigeria. The research methodology adopted is the doctrinal research approach; it relied on primary and secondary sources of law like the Constitution of the Federal Republic of Nigeria 1999 (as altered), Economic and Financial Crimes Commission (Establishment) Act 2004 and judicial authorities. It was found inter alia that prerogative of mercy and nolle prosequi pose a serious challenge to the fight against corruption, economic and financial crimes in Nigeria. The recommendation of this article includes that due to the emergency situation of corruption, economic and financial crimes in Nigeria, the relevant section of the Constitution conferring power to exercise prerogative of mercy and power to enter nolle prosequi should be amended with a sunset provision allowing its application on corruption, economic and financial crimes related matters only at such time that Nigeria will make the first ten in the list of Transparency International Corruption Perception Index.

 

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