Browsing by Author "Onikosi A. Ahmeed"

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    LEGAL CONUNDRUM OF AMNESTY GRANT AS MECHANISM FOR COMBATING TERRORISM IN NIGERIA: SHARI’AH STANDPOINT
    (Department of Islamic Law, University of Maiduguri, 2023-12-31) Onikosi A. Ahmeed; Ahmed Abiodun Muhammed-Mikaaeel
    Amnesty grant is one of the powers conferred on the President or the Governor as the case may be under the Nigerian constitution. The scope of amnesty grant covers pardoning of offenders before and after prosecutions. Nigerian government has over the year granted amnesties to offenders covering the foregoing. However, the legal conundrum cropped up with respect to amnesty granted prior to offenders’ prosecution. The validity of the earlier actions remains questionable due to the constitutional inadequacy. This paper thus examines the legal conundrum of the amnesty grant as mechanism for combating terrorism in Nigeria from Shari’ah standpoint vide doctrinal method of legal research. The paper reveals that the Nigerian legal regime is adequate with respect to grant of amnesty to offenders after convictions. The grant of amnesty prior to prosecution remains a serious legal issue as a result of legislative inadequacy. The paper finds that such inadequacy is absent in the jurisprudence of Islamic law as the real focus of amnesty from Shari’ah standpoint is on that exercised in favour of the offender prior to prosecution upon the satisfaction of the requirements of repentance. Borrowing leaf from Shari’ah standpoint, amendment of the legal framework for amnesty grant in Nigeria is accordingly recommended to put an end to the legal conundrum.