The Cultural Significance of Emèrè and the Power of Mercy
In many traditional communities, especially in Yorubaland, there are unique beliefs surrounding children who are considered to be different from others. These children, known as emèrè, are often females who experience frequent and unexplained illnesses throughout their lives. Unlike abíkú, which are believed to die and return to their parents repeatedly, emèrè remain a constant source of worry for their families due to their persistent health issues.
The elders have long warned that these children are not ordinary. They believe that emèrè are “husbands of witches” (emèrè ni oko ajé) because of their strength and perceived wickedness. This belief is deeply rooted in Yoruba metaphysics, where it is said that emèrè children have kindred spirits waiting for them at the gates of heaven. If an emèrè child were to pass away, it is believed that finding a replacement would be difficult. Therefore, parents go to great lengths to keep their emèrè children alive, often through rituals and sacrifices.
One such ritual involves offering small edibles like groundnuts, sugarcane, ekuru (white moi moi), and akara. These items are prepared and shared with children of the same age as the emèrè. However, there is a peculiar rule: the akara is never given to the emèrè to share. Elders explain that if the emèrè were to receive the akara, she might give it to her kindred spirits, which could hasten her journey to the afterlife. This cautionary tale reflects the deep cultural significance of these practices and the fear of losing a child to the unknown.
The Presidential Power of Mercy
In modern times, the concept of mercy has taken on new dimensions, particularly in the context of presidential powers. In our elementary Government classes, we were taught about the various powers of an Executive President, including the prerogative of mercy. This power allows the president to pardon convicts, even those on death row, and once pardoned, they are no longer held accountable for their crimes.
Recently, President Bola Ahmed Tinubu exercised this power by pardoning 147 ex-convicts. While this action was legally sound, it sparked significant controversy, especially regarding the morality behind the choices made. A large percentage of those pardoned were convicted of drug-related offenses, leading many to question whether the president should have exercised more discretion in his decisions.
This situation draws parallels to the traditional wisdom of the elders, who warned against giving the sacrificial akara to an emèrè. Just as the akara could lead to the emèrè’s untimely demise, the misuse of the prerogative of mercy can have far-reaching consequences. The moral implications of pardoning individuals involved in drug trafficking raise concerns about the integrity of the justice system and the message it sends to the public.
Historical Perspectives on the Pardon Power
Historically, the use of the pardon power has been both celebrated and criticized. Colleen Shogan, a former Senior Executive at the Library of Congress, highlighted the potential for abuse in her article “The History of the Pardon Power: Executive Unilateralism in the Constitution.” She discussed how the exercise of clemency without discretion can lead to public backlash, as seen in the case of Gerald Ford’s pardon of Richard Nixon. This act significantly damaged Ford’s approval ratings and affected his political future.
Imo Udofa, a Professor of Law at the University of Uyo, further emphasizes the need for checks and balances in the application of the pardon power. He argues that while the power to grant pardons is ancient and recognized globally, its use has become increasingly susceptible to abuse. Recent examples, such as Donald Trump’s pardon of Joe Arpaio, have reignited discussions about the appropriate use of this power.
In Nigeria, the case of President Goodluck Ebele Jonathan’s pardon of Chief D.S.P. Alamieyeseigha remains one of the most controversial exercises of presidential pardon power. Udofa points out that the lack of control and oversight in many jurisdictions, including Nigeria, has undermined the effectiveness of the pardon power.
The Need for Discretion and Morality
While the prerogative of mercy is considered a sacred power, its application must be guided by principles of discretion and morality. The United States, for instance, takes drug-related offenses seriously, as seen in the invasion of Panama under President George H. W. Bush to apprehend Manuel Antonio Noriega, accused of dealing in hard drugs. This highlights the importance of enforcing laws and maintaining the integrity of the justice system.
Ultimately, the balance between mercy and justice is crucial. As the elders’ warnings remind us, certain actions can have unintended consequences. Just as the sacrificial akara should not be given to an emèrè, the power of mercy should be exercised with care and consideration for the broader implications.
