Femi Falana: Presidential Pardons Cannot Override Judicial Process, Asserts Nigerian Human Rights Lawyer

Femi Falana, a Senior Advocate of Nigeria, asserts that the constitutional powers of the President or state governors to grant pardons do not supersede the judicial process. He highlights that the execution of clemency cannot be legally carried out while criminal trials or appeals are pending in court.

Falana references legal commentaries and court decisions to support his stance, including the recent Supreme Court ruling in the Maryam Sanda case, where the court affirmed a conviction despite an earlier presidential pardon. He emphasizes the supremacy of the judicial process and argues that the exercise of the prerogative of mercy must respect ongoing court proceedings until all appeals are finalized.

Falana's position challenges the notion that presidential pardons can override legal processes.