CROSS RIVER – PREROGATIVE OF MERCY LAW

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LAWS OF CROSS RIVER STATE

CHAPTER P8

PREROGATIVE OF MERCY LAW

ARRANGEMENT OF SECTIONS

SECTION

  1. Establishment of the Council.
  2. Composition of the Council.
  3. Secretary to the Council and his duties.
  4. Functions of the Council.
  5. Exercise of prerogative of mercy.
  6. Qualification for membership of the Council.
  7. Removal from office.
  8. Quorum.
  9. Decisions of the Council, how taken.
  10. Proceedings of the Council.
  11. Remuneration of members.
  12. Interpretation.
  13. Short title.

 

 

CHAPTER P8

PREROGATIVE OF MERCY LAW

A Law to establish an Advisory Council on the Prerogative of Mercy.

(1st April, 1980)

[Commencement.]

  1. Establishment of the Council

The Advisory Council on the Prerogative of Mercy (in this Law referred to as “the Council”) is hereby established.

  1. Composition of the Council

(1)     The Council shall consist of—

(a)     a legal practitioner, not being a person in the public service of the State, who shall be the Chairman;

(b)     a medical practitioner;

(c)     a clergyman;

(d)     a superior police officer who has retired;

(e)     the Chief Social Welfare Officer or his representative; and

(f)      three other persons of probity.

(2)     The Chairman and other members of the Council shall be appointed by the Governor.

(3)     The Chairman shall preside at every meeting of the Council but in his absence, the members present shall appoint one of their number to preside thereat.

  1. Secretary to the Council and his duties

(1)     The secretary to the Council shall be an administrative officer in the State Civil Service deployed to the Council.

(2)     The secretary shall be responsible for the day-to-day administration of the affairs of the Council and shall perform such duties as may from time to time, be assigned to him by the Council.

  1. Functions of the Council

The Council shall advise the Governor in the exercise of his powers under section 5 of this Law.

  1. Exercise of prerogative of mercy

The Governor may—

(a)     grant any person concerned with or convicted of any offence created by or under any written law of the State a pardon, either free or subject to lawful conditions;

(b)     grant to any person a respite either for an indefinite or for a specified period, of the execution of any punishment imposed on that person for such offence;

(c)     substitute a less severe form of punishment for any punishment imposed on that person for such an offence; or

(d)     remit the whole or any part of any punishment imposed on that person for such an offence or of any penalty or forfeiture otherwise due to the State on account of such an offence.

  1. Qualification for membership of the Council

Except in the case of a member under section 2 (1) (e) no person shall be appointed a member of the Council if—

(a)     he is not qualified or if he is disqualified for election as a member of the State House of Assembly; or

(b)     within the preceding ten years he had been removed from office on the ground of misconduct.

  1. Removal from office

A member of the Council may be removed from office for inability to discharge the functions of his office whether arising from infirmity of mind or body (or any other cause) or for misconduct.

  1. Quorum

Five members of the Council including the Chairman or other person presiding shall constitute the quorum.

  1. Decisions of the Council, how taken

A decision of the Council shall be taken by a majority of the members present and voting at a meeting of the Council and each member shall be entitled to one vote but in the event of a tie, the Chairman or other person presiding shall have a second or casting vote.

  1. Proceedings of the Council

The Council shall have power to regulate its proceedings and may subject to the approval of the Governor make standing orders for that purpose and, subject to such standing orders, may function notwithstanding any vacancy in its membership or the absence of any member.

  1. Remuneration of members

Members of the Council shall be paid sitting and other allowances at the approved government rate.

  1. Interpretation

In this Law, unless the context otherwise requires—

“Council” means Cross River State Advisory Council on Prerogative of Mercy;

“Governor” means Governor of Cross River State;

“Government” means the Government of the Cross River State of Nigeria;

“State” means the Cross River State.

  1. Short title

This Law may be cited as the Prerogative of Mercy Law.

 

CHAPTER P8

PREROGATIVE OF MERCY LAW

SUBSIDIARY LEGISLATION

No Subsidiary Legislation

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