In a landmark decision reinforcing the constitutional limits of executive clemency, the Supreme Court of Nigeria has nullified the pardon granted by President Bola Tinubu to Maryam Sanda, who was convicted of murdering her husband, Bilyaminu Bello.
In a split ruling on Friday, the Court upheld Sanda’s death sentence by hanging, originally imposed by the High Court of the Federal Capital Territory (FCT).
Maryam Sanda, an Abuja-based housewife, was sentenced to death in 2020 after fatally stabbing her husband during a domestic dispute in 2017. Her conviction was subsequently confirmed by the Court of Appeal in Abuja. The high-profile case had drawn nationwide attention and sparked discussions on domestic violence and justice in Nigeria.
The constitutional controversy arose when President Tinubu, exercising his executive prerogative of mercy, commuted Sanda’s death sentence to 12 years’ imprisonment, citing “compassionate grounds” and “the best interest of the children.” This clemency was granted while Sanda’s final appeal was still pending before the Supreme Court.
In its judgment, the Apex Court, by a four-to-one majority, dismissed Sanda’s appeal as lacking merit, affirming the rulings of the lower courts.
Justice Moore Adumein, delivering the lead judgment, emphasized that the prosecution had established culpable homicide beyond a reasonable doubt, validating the Court of Appeal’s decision.
Importantly, the Supreme Court also ruled that it was constitutionally improper for the Executive to attempt to exercise its power of pardon or reprieve in a case of culpable homicide while an appeal on the conviction remained pending before the nation’s highest court.
The ruling underscores that the judicial process must be fully exhausted before the executive prerogative of mercy can be legitimately applied in capital cases, preserving the separation of powers and upholding the integrity of Nigeria’s judicial system.
