Prerogative of mercy is a power constitutionally conferred and exercised exclusively by the President in the context of Sierra Leone and in any other republican state or the monarch in any monarchichal nation. This power is exercised after a criminal justice system finds an offender of the criminal laws guilty of a charge and is accordingly imprisoned/condemned to pay a fine consequent upon a failed appeal. For this reason, such a gesture is an act of goodwill by the head of state and that is why it is called an “extra-judicial remedy”.
By section 63 (1) of the 1991 Constitution of Sierra Leone (Act No.6 of 1991), the President is granted the power to exercise prerogative of mercy. This provides the authority for the President to exercise clemency and leniency by way of an absolute pardon in which case an offender is excused from serving the actual punishment for a crime committed. It should be noted that such presidential act of pardon does not in itself erase or expunge a criminal record or a finding of guilt.
Another limb of clemency by the President provided in Section 63(1)(c) is the act of commutation. In this case, the state offender is not completely set free rather they are shown mercy by reduction or lightening of the sentence, subject to certain conditions.
Generally, circumstances of such presidential clemency whether by way of absolute pardon or commutation are usually needful to remedy instances where certain individuals may have been erroneously convicted of a crime by reason of lack of material facts and/or the occasional yet normal occurrence of human fallibility. It operates to abate the harshness of a judicial sentence and to also alleviate the miscarriage of justice. In Sierra Leone, the prerogative of mercy power is exercised by the President only on two occasions: New Year’s day and the Independence Day of Sierra Leone—April 27 every year.
The Constitution vests enormous executive powers on the President and by section 53 (1) and section 53 (3) of the Constitution, the decisions of the President are almost beyond questioning.
The recent case of the pardon and release of popular herbalist Mbaimb Moiforay, aka LAC on the 1st day of the year 2022 after having spent only six years as a life-sentenced-convict at the Pademba Road Prison for the murder of popular disc jockey, Henry Buckle a.k.a D J Clef, is not in my opinion, a judicious exercise of the power of prerogative of mercy. The decision by the President to grant absolute clemency to LAC has lifted eyebrows by many who are both angry and shocked at the decision. To get down to brass tacks, the death of DJ Clef was a popular and terrifying murder incident that shocked the minds of many people. It was reportedly a ritual killing of the gravest, most profound and most uncomfortable kind. LAC was convicted for murder—justice was well served. But it seems presidential mercy has unserved justice in the most uncharacteristic manner in recent history of presidential pardons. Such a decision is perceived to have the effect of emboldening offenders of heinous crimes who might based on the knowledge that grace and amnesty will be shown to them, to commit dastardly crimes discountenancing the consequences of the offence. One wonders why shouldn’t other state offenders for less serious crimes (who are in the hundreds in prison) and some of whom are in critical health conditions, and who have maintained good behavior not be considered for presidential pardon instead of a man convicted for taking the life of another in the most abhorrent manner?
This is a worrying occurrence that is visibly repugnant to the intent and purpose of the powers of presidential prerogative of mercy. The said exercise of prerogative by the President to pardon and release LAC is indeed founded on the law, but that does not controvert the perception that in this case, that such power was not exercised circumspectly.
To that end, the prerogative of mercy without better guidelines on whom should be amnestied, appears not to be a show of good will and a cause of celebration. The release of LAC has triggered so much public indignation and this is as a result of the absence of clear guidelines and transparent process in the exercise of presidential clemency.
To my mind, until better guidelines are followed – albeit the unfettered discretion of the president, the presidential prerogative of mercy could continue to be abused and will be used as an instrument to reprieve cronies.
About the Author:
Federick Bockarie is a brilliant law graduate of Fourah Bay College awaiting admission to the Sierra Leone Law School. He is a former chairman of the Sierra Leone Debating Council and the Sierra Leone Grammar School Alumni Association, FBC. He was also a legal intern at Marrah & Associates Law Firm.