Section 308 Administration of Criminal Justice Law (ACJL) Lagos

Section 308 Administration of Criminal Justice Law of Lagos State, as amended in 2021, is about Stage at which Governor is to consider report. It provides as follows:

(1) Where a defendant—
(a) has been sentenced to death; and

(b) has exercised his legal rights of appeal against the sentence and the conviction and the sentence have not been quashed or reduced or has failed to perfect or prosecute such application or appeal within the time prescribed by law, the Governor shall consider report made under section 307 and after obtaining the advice of the Advisory Council on Prerogative of Mercy decide whether or not to commute the sentence to imprisonment for life, or commute the sentence to any specific period, or decide whether the prisoner should be otherwise pardoned or reprieved.

(2) Where, for the purposes of subsection (1), the Advisory Council on the Prerogative of Mercy is required to advise the Governor in relation to any person sentenced to death, the Commissioner for Justice shall cause a record of the case to be prepared and submitted to the Advisory Council, and the Advisory Council shall, in giving its advice, have regard to the matters set out in that record.

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