The Supreme Court of Nigeria has set aside President Bola Ahmed Tinubu’s commutation of Maryam Sanda’s death sentence, reinstating the original capital punishment imposed on her for killing her husband, Bilyaminu Bello.
In a split 4–1 decision delivered on Friday, a five-member panel of the apex court ruled that the executive act of clemency was improper and unconstitutional since it was exercised while Sanda’s appeal process was still pending in the courts.
Justice Moore Adumein, delivering the lead judgment, held that the prosecution proved the case “beyond every reasonable doubt”, affirming that both the Federal Capital Territory High Court and the Court of Appeal were correct in upholding her conviction for culpable homicide.
“It was wrong for the Executive to exercise its power of pardon in a case of culpable homicide where an appeal was pending,” the lead judgment stated.
The Supreme Court also dismissed Sanda’s appeal against her conviction in its entirety, describing the grounds raised as without merit.
Maryam Sanda was convicted in January 2020 by an FCT High Court in Abuja and sentenced to death by hanging for stabbing her husband, Bilyaminu Bello, in their home in November 2017. The conviction was later upheld by the Court of Appeal.
In October 2025, President Tinubu exercised his constitutional prerogative of mercy, commuting Sanda’s sentence to 12 years’ imprisonment on compassionate grounds, citing her conduct in prison and the welfare of her children after she had served about six years.
The pardoning decision triggered widespread public debate and criticism, with many Nigerians, victims’ rights advocates, and civil society organisations arguing that the executive action undermined the rule of law and justice for the deceased’s family.
SIGNIFICANCE OF THE SUPREME COURT RULING
The apex court’s decision highlights a constitutional tension between executive clemency powers and the judicial process, particularly when pending appeals are involved. By overturning the pardon, the Supreme Court has reaffirmed judicial authority over matters where legal processes remain unresolved.
With Friday’s verdict, the original death sentence has been reinstated, and Sanda remains subject to capital punishment as ordered nearly six years ago.
