THE ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015: WHITHER CLEMENCY? SILENCE OR OMISSION?

The ACJA 2015 and Clemency

Abstract

This article examines whether the silence of the Administration of Criminal Justice Act 2015 on executive clemency constitutes a constitutional necessity or a normative gap in Nigeria’s criminal justice reform. While the Act modernises criminal procedure up to sentencing and introduces non-custodial and parole mechanisms, it provides no procedural interface with the prerogative of mercy under sections 175 and 212 of the Constitution. Using doctrinal analysis and limited comparative evaluation, the article argues that although substantive mercy discretion is constitutionally vested in the executive, procedural regulation of mercy processes is constitutionally permissible. The absence of such procedural structuring weakens transparency and coherence in post-conviction justice. The article proposes limited statutory reforms aimed at harmonising clemency with constitutional principles and restorative justice objectives.