Advisory Council on the Prerogative of Mercy Law

ADVISORY COUNCIL ON THE PREROGATIVE OF MERCY LAW

1. Short title and commencement This Law may be cited as the Advisory Council on the Prerogative of Mercy Law, 1999 and shall be deemed to have come into force on the 30th day of May, 1999.

2. Interpretation In this Law:- "Attorney-General" means the Honorable Attorney-General and Commissioner for Justice Delta State of Nigeria; "Constitution" means the Constitution of the Federal Republic of Nigeria 1999; "Council" means the Advisory Council on the Prerogative of Mercy; "Functions" include powers and duties; "Governor" means the Governor of Delta State of Nigeria; "Law" includes Acts, Rules, Regulations and Order; "Member" means a member of the Council and includes the Chairman; "State" means Delta State of Nigeria; "Misconduct" means breach of Oath of Allegiance or Oath of Office of a member or a breach of provisions of the Constitution of Nigeria or bribery or corruption or false declaration of assets and liabilities or conviction for treason or treasonable felony.

3. Establishment and composition of the Council (1) There shall be established for the State a Council to be known as the “Advisory Council on the Prerogative of Mercy” which shall consist of- (a) chairman who shall be a person of considerable experience in public life to be appointed by the governor; (b) the attorney-general; (c) not less than five or more than seven other members who shall be appointed by the governor of whom, at least one shall be a woman, one a medical practitioner, and one a legal practitioner of at least ten years standing all of whom shall be men of integrity and considerable experience in public life; (d) the legal practitioner shall be nominated by the branches of Nigerian Bar Association in the State. (2) The appointment of the chairman and members other than the Attorney-General shall be subject to confirmation by a resolution of the House of Assembly of the State. (3) A person shall not be qualified for appointment as a member if he is a member of the House of Assembly of the State, a member of the National Assembly, a Commissioner of the Government of the State other than the Attorney-General, a Minister of the Federal Government or a Commissioner of another State Government.

4. Tenure of office (1) A member of the Council appointed by the Governor shall hold office for a period of four years. Provided that his seat on the Council shall become vacant- (a) if any circumstances arise that, if he were not a member of the Council, would cause him to be disqualified for appointment as such; or (b) if he is removed from office by the Governor for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct. (2) Any member, not being a member of the Public Service of the State may, at any time, resign his office by letter addressed to the Governor and such member shall cease to be a member of the Council as from the date of receipt of the letter by the Governor.

5. Publication of membership The names of all members of the Council as first constituted and any subsequent change in the membership shall be published in the State Gazette.

6. Functions of Council (1) The functions of the Council shall be to advise the Governor on the exercise of the power of prerogative of mercy conferred upon him by section 212 of the Constitution. (2) Where any person who has been concerned with or convicted of an offence created by any Law of the State is to be considered for the exercise of the Governor’s prerogative of mercy, the Attorney-General shall cause a written report of the case from the trial court, the prison, medical and local reports together with such other information derived from the record of the case or elsewhere as the Chairman may require to be taken into consideration at a meeting of the Council.

7. Proceedings Subject to the foregoing provisions of this Law, the Council shall have the power to regulate its own proceedings.

8. Remuneration There shall be paid to the members of the Council (not being ex-officio members) such remuneration and allowances as the Governor may determine on the advice of the Attorney-General.