The power of prerogative of mercy rests with the

1. Analyze the question The question asks which arm of government holds the power of prerogative of mercy, meaning the power to pardon offenders or reduce their punishment.

2. Explain the concept Prerogative of mercy is a special power to forgive or lessen the punishment of a person convicted of a crime. In Nigeria, Section 175 of the 1999 Constitution gives this power to the President at the federal level. Section 212 gives it to the Governor at the state level.

The President and Governors are the heads of the executive arm of government. The President acts after consulting the Council of State, and the Governor acts on the advice of the State Advisory Council on Prerogative of Mercy.

The powers of the three arms of government:

• Legislature: makes laws.
• Executive: implements laws and exercises the prerogative of mercy.
• Judiciary: interprets laws and decides cases.

3. Step-by-step solution

• Option A, legislature: it makes laws and does not grant pardons. Wrong.
• Option B, executive: the President and Governors can pardon, grant reprieves, or commute sentences. Correct.
• Option C, judiciary: it convicts and sentences, but it does not pardon. Wrong.
• Option D, National Assembly: this is the federal legislature, so it is the same as option A. Wrong.

4. Answer The correct option is B. executive.

5. Exam tip Remember "Pardon = President/Governor = Executive". Whenever you see pardon, reprieve, or commutation of sentence, think of the head of the executive. The judiciary hands out the sentence, and the executive can reduce or forgive it.