LEGAL CONUNDRUM OF AMNESTY GRANT AS MECHANISM FOR COMBATING TERRORISM IN NIGERIA: SHARI’AH STANDPOINT
Amnesty grant is one of the powers conferred on the President orthe Governor as the case may be under the Nigerian constitution.The scope of amnesty grant covers pardoning of offenders beforeand after prosecutions. Nigerian government has over the yeargranted amnesties to offenders covering the foregoing. However,the legal conundrum cropped up with respect to amnesty grantedprior to offenders’ prosecution. The validity of the earlier actionsremains questionable due to the constitutional inadequacy. Thispaper thus examines the legal conundrum of the amnesty grant asmechanism for combating terrorism in Nigeria from Shari’ahstandpoint vide doctrinal method of legal research. The paperreveals that the Nigerian legal regime is adequate with respect togrant of amnesty to offenders after convictions. The grant ofamnesty prior to prosecution remains a serious legal issue as aresult of legislative inadequacy. The paper finds that suchinadequacy is absent in the jurisprudence of Islamic law as the realfocus of amnesty from Shari’ah standpoint is on that exercised infavour of the offender prior to prosecution upon the satisfaction ofthe requirements of repentance. Borrowing leaf from Shari’ahstandpoint, amendment of the legal framework for amnesty grantin Nigeria is accordingly recommended to put an end to the legalconundrum.  

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