The Ministry of Justice in Ekiti State, Nigeria is inviting public comments on a proposed Prerogative of Mercy Bill by January 31st, 2014. The bill seeks to establish an Advisory Council on Prerogative of Mercy to advise the Governor of Ekiti State in exercising their power to pardon offenders or commute sentences. The proposed 10-member council would include representatives from the Ministry of Justice, police, prisons, prosecution, legal aid, and human rights organizations. It would meet at least three times per year to recommend individuals to the Governor for pardon or clemency. The bill also addresses the council's remuneration and meeting procedures.

1. INVITATION FOR PUBLIC COMMENTS
ON
PROPOSED PREROGATIVE OF MERCY BILL IN EKITI STATE
1. INVITATION
1.1 The Ministry of Justice invites interested parties to submit
written comments on the proposed draft Directives here.
1.2 The comments on the draft Directives must be submitted not
later than 31 January 2014, marked for the attention of The
Permanent Secretary,
(a) if they are forwarded by post, be addressed to:
The Permanent Secretary: Ministry of Justice
Phase III, State Secretariat Complex, Ado-Ekiti,
(b) if they are delivered by hand, be delivered at:
The Permanent Secretary, Ministry of Justice
Phase III, State Secretariat Complex, Ado-Ekiti,
(c) if they are submitted by email, be emailed to
dapata@ekistate.gov.ng
1.3 For further information, please do not hesitate to contact Mr
Dayo Apata at 08033070636
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2. ADVISORY COUNCIL ON
PREROGATIVE OF MERCY BILL,
2013.
EKITI STATE OF NIGERIA
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3. EKITI STATE ADVISORY COUNCIL ON
PREROGATIVE OF MERCY BILL, 2013.
1.
Establishment of the Council
2.
Constitution of the Council
3.
Functions of the Council
4.
Remuneration
5.
Proceedings and Meeting of the Council
6.
Interpretation
7.
Citation
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4. A BILL FOR
A LAW TO ESTABLISH EKITI STATE ADVISORY COUNCIL
ON PREROGRATIVE OF MERCY AND OTHER RELATED
MATTERS
Commencement (
)
Enacted by the Ekiti State House of Assembly as follows:
1.
Establishment
There is hereby established in the State, a Council to be known
as ‘‘Advisory Council on Prerogative of Mercy’’.
2.
Constitution of the Council
The Council shall comprise of the following members:
(1)
The Attorney General and Commissioner for Justice, who
shall be the Chairman.
(2) The Solicitor General and Permanent Secretary, Ministry of
Justice, who shall act as Chairman in the absence of the
Attorney General and Commissioner for Justice.
(3) The Commissioner of Police or his representative.
(4) The Controller of Prisons or his representative.
(5) The Director of Public Prosecutions.
(6) A Representative of the Legal Aid Council.
(7) A Representative of the Office of the Public Defender.
(8) A Representative of the National Human Rights Commission,
(9) A Secretary who will be appointed by the Attorney General
and Commissioner for Justice.
(10) Two other members representing religious communities in
the State, who will be appointed by the Governor.
3.
Functions of the Council
The Council shall:
(1)
Serve as an advisory body to the Governor of the State in
the exercise of the Governor’s prerogative of mercy.
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5. (2)
4.
Recommend any appropriate person to the Governor for
purposes of enjoyment of any aspect of prerogative of
mercy exercisable by the Governor under the Constitution
of the Federal Republic of Nigeria, 1999 (as amended).
Remuneration
The remuneration of the Council members shall be determined
by the Governor.
5.
Proceedings and Meetings of the Council
(1)
(2)
The Council shall meet three (3) times in a year and may
also meet aside from the stipulated time as the need arises.
(3)
6.
The Chairman shall preside at every meeting of the Council
but, in his absence, the Solicitor General and Permanent
Secretary, Ministry of Justice shall preside.
The quorum of the Council shall be six (6) members.
Interpretation
In this law, unless the context otherwise provides:
‘‘State’’ means Ekiti State of Nigeria
‘‘Governor’’ means Governor of Ekiti State
7.
Repeal
The Advisory Council on Prerogative of Mercy Law, 2012, is
hereby repealed.
8.
Citation
This Law may be cited as Advisory Council on Prerogative of
Mercy Law, 2013.
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6. Made this...................... day of..................... 2013.
............................................
Dr. John Kayode Fayemi
The Governor of Ekiti State
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