The Supreme Court has overturned President Bola Tinubu’s decision to commute the death sentence of Maryam Sanda, ruling that the President acted outside his constitutional powers by intervening while her appeal was still pending before the courts.
In a judgment delivered on Friday, the apex court, in a split decision of four to one, restored the death sentence earlier imposed on Sanda by an Abuja High Court and affirmed by the Court of Appeal.
Sanda was convicted in January 2020 for killing her husband, Bilyaminu Bello, during a domestic disagreement at their Maitama home in Abuja.
The Supreme Court dismissed her appeal, holding that the prosecution had proved the offence of culpable homicide beyond reasonable doubt. The court’s decision followed years of legal battle, during which Sanda consistently maintained that her husband died from an accident.
Delivering the lead judgment, Justice Moore Adumein held that President Tinubu’s action was unconstitutional because the case was still active before the appellate courts.
Justice Adumein said: “It was wrong for the Executive to seek to exercise its power of pardon over a case of culpable homicide, in respect of which an appeal was pending.”
His position aligns with previous judicial pronouncements that the President’s powers under Section 175 of the Constitution cannot interrupt ongoing judicial processes.
President Tinubu had approved a commuted sentence for Sanda in October, reducing her death sentence to 12 years’ imprisonment. The Presidency said the decision followed a review of the Nigerian Correctional Service’s recommendation for clemency.
At the time, Presidential Adviser Bayo Onanuga defended the decision, saying it was “based on compassionate grounds for the best interest of the children and good conduct,” adding that she had shown “remorsefulness.”
The revised list initially contained 175 names, but several were later removed after the Presidency raised concerns about “the nature of their crime.” Those removed included inmates convicted of offences such as kidnapping, drug trafficking and illegal possession of arms.
The commutation generated strong public debate, with the family of the deceased publicly rejecting the decision and insisting that justice must run its full course.
Sanda has spent about six years in custody. The commuted sentence would have left her with roughly six more years to serve.
With the Supreme Court’s judgment, the original death sentence is now reinstated.
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