By Steven Atokolo
The Supreme Court has nullified President Bola Tinubu’s decision to commute the death sentence of Maryam Sanda, ruling that the President acted beyond his constitutional authority by granting clemency while her appeal was still before the courts.
In a split judgment of four to one delivered on Friday, the apex court reinstated the death sentence earlier handed down by the Federal Capital Territory High Court and affirmed by the Court of Appeal. Sanda was convicted in 2020 for the culpable homicide of her husband, Bilyaminu Bello, following a domestic altercation at their Abuja residence.
Dismissing her appeal, the court held that the prosecution had successfully proved the case beyond reasonable doubt.
Reading the lead judgment, Justice Moore Adumein stated that the Court of Appeal was correct in upholding the trial court’s decision. He declared the presidential intervention improper given that the judicial process had not been exhausted.
“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,” Justice Adumein ruled.
Sanda’s sentence had been reduced to 12 years’ imprisonment in October when President Tinubu approved a revised clemency list. The list followed recommendations from a review that initially featured 175 names but was later amended due to the gravity of some offences.
At the time, Presidential Adviser Bayo Onanuga explained that Sanda’s commuted sentence was granted on compassionate grounds, noting her good conduct and concern for her children.
The clemency generated widespread public debate and strong objections from the family of the late Bello. After consultations with the Council of State and what the Presidency described as “public opinion,” several individuals, including those convicted of severe crimes such as kidnapping and drug offences, were removed from the list.
With Friday’s Supreme Court decision, the President’s commutation has now been effectively overturned. Sanda, who has spent about six years in custody, would have had roughly six years left to serve under the reduced sentence. The reinstatement of the death sentence returns her case to its original judicial outcome.
The ruling also adds to the ongoing scrutiny of the President’s powers under Section 175 of the Constitution, which provides for pardons, clemency, and commutation. The Supreme Court has now clarified that these powers cannot be exercised while a case is actively under judicial review.
