President Goodluck Jonathan on Tuesday indicted the intervention of his leadership for reforms that would ensure “redemptive” opportunities in Nigeria’s justice and penal administration.
President Jonathan said this at the inauguration of the advisory committee on the exercise of prerogative of mercy in Abuja, and expressed hop that the newly inaugurated members, who are expected to serve for four years, would adopt his vision of overhauling and re-engineering the process that would process for a systemic reform: “perhaps we can achieve more by making the justice system a bit more redemptive. In doing this, human rights, especially where there is some evidence of abuse.”
President Jonathan explained that the Constitution of the country guarantees and provides for a “prerogative of mercy” , which allows him and state governors to grand pardon,
Following is the text of Dr. Jonathan speech:
I am delighted to welcome you all to this occasion of the inauguration of the reconstituted Presidential Committee on the Prerogative of Mercy. The former Committee was constituted in 2005 and its four-year tenure expired in 2009. A new one has not been constituted since then.
I congratulate the distinguished ladies and gentlemen who have been appointed into this Committee and charge you all to quickly settle down to work, to clear the backlog of cases in the interest of justice and our avowed determination to be fair to all within the ambit of the law.
Although our justice administration process is adversarial, and does not provide for parole, or suspended sentences as in some other jurisdictions, I strongly believe that the cycle of justice should include forgiveness and relief for those that are manifestly repentant.
The pervasive assumption is that the Nigerian penal system is punitive, and that every encounter with the law may be a permanent exit from decent society. My view is that we need to place emphasis on our penal system being more correctional.
We need to create opportunities for convicted persons, either after completing their terms or before they do so, considering the circumstances, to be reintegrated back into society, and rehabilitated.
Perhaps we can achieve a lot more, by making the justice system a bit more redemptive. In doing this, we will also need to pay particular attention to human rights, especially where there is ample evidence of abuse.
The Prerogative of Mercy, which is enshrined in our Constitution, allows the President and stateGovernors, to grant to a convicted person a state pardon. This pardon can be either conditional or otherwise, or it could be in the form of respite from the execution of punishment imposed, or the substitution of a less severe sanction.
This is a very serious responsibility; and needs to be carried out with due diligence and solemnity. At times, this decision involves matters of life or death of citizens. It calls for the highest levels of decorum and ethics, and utmost fidelity to good conscience and public good.
It is partly for this reason that the Constitution provides for this very important Presidential Advisory Committee to assist the President in the exercise of the prerogative of mercy.
The role of this Committee must assume an added significance now that our nation is in transformation and as we tackle new security challenges in accordance with due process and the rule of law.
Your work must go beyond the routine decongestion of prisons and redressing the miscarriage of justice.
I need you to be at the frontline of cultural transformation and value reorientation. I need to point out however, for the avoidance of doubt, that our emphasis on mercy is merely as a prerogative; this will not in any way detract from our bounden duty to protect the lives and property of all citizens, and to safeguard the Nigerian state against any form of violation.
Those who look forward to the option of the prerogative of mercy as an excuse for criminal conduct will be disappointed. I also expect this Committee, in making its recommendations to assess every case strictly on its own merit. We will not exercise the prerogative of mercy on a quota basis, or in deference to the considerations of religion, geography, ethnicity or politics.
Let me seize this opportunity, therefore, to reassure the nation that I have initiated a very rapid and robust process to enhance the capacity of our security forces to protect lives and property. Even as our nation overcame past security scares, I am confident in the ability of our security agencies to overcome the present ones as well.
We are resolute in our charge to the security agencies to go after all promoters of terror and other anti-social activities in the country and bring them to book.
Our review of processes and institutional reforms are, indeed designed to strengthen and realign all the instruments and agencies of crime prevention, interdiction and punishment. My Administration will not rest on its oars until the spirit of the law runs across the land. We promise to deliver swift and certain justice for criminal elements.
While we intend to always provide a window of opportunity for those who have seen the folly of their anti-social behavior to retrace their steps, I wish to renew my call to those that choose to live on the fringes of the law: Retrace your steps and we will work with you to facilitate your reintegration and rehabilitation. If you undermine the state, be prepared to face the full wrath of the law.
Today, our character and reputation as a caring and forgiving people are under severe test by frequent acts of mindless brigandage which have resulted in the maiming and killing of hundreds of our citizens, including those engaged in the noble of act of serving their fatherland.
We now confront evil of a nature that is totally unacceptable to all religions, our culture and our sense of humanity.
But, I know that this nation is resilient. Our people are strong and patient. I salute those who have refused to buy into the siren song of destruction, which some agents of violence are promoting.
I also want to reassure those of our people who have lost their relatives to these crimes that we shall bring the perpetrators to book. We share in your pain. We stand united, as we confront the inhumane actions of the misguided few who seem determined to violate the core values of tolerance and peaceful co-existence. We shall fight and defeat that evil.
I wish to congratulate the members of this Committee. You represent different constituencies and are most assuredly equal to the task that has been assigned to you.
Your job is cut out for you; but I have no doubt that, given the wealth of your experience, the nation will be well served by your knowledge and dedication.
Distinguished ladies and gentlemen, let me remind you of Portia’s wise words in William Shakespeare’s The Merchant of Venice:“The quality of mercy is not strained. It droppeth as the gentle rain from heaven upon the place beneath: it is twice blest; it blesseth him that gives and him that takes.” May the activities of this Committee bless us all.
Ladies and Gentlemen, on this note, I hereby inaugurate the newly reconstituted Presidential Advisory Committee on the Prerogative of Mercy.
Thank you all and God bless.