In a landmark judgment that reinforces the constitutional limits of executive power, the Supreme Court of Nigeria has nullified the presidential pardon earlier granted to convicted murderer Maryam Sanda and upheld her death sentence by hanging.
The ruling, delivered on Friday in a four-to-one majority decision, affirmed the sentence initially imposed by an FCT High Court and later upheld by the Court of Appeal.
Sanda was convicted in 2020 for fatally stabbing her husband, Bilyaminu Bello, during a domestic altercation in Abuja in 2017.
The case has remained one of Nigeria’s most high-profile domestic homicide trials, drawing nationwide attention and sparking intense debates on marital violence and the justice system.
Tinubu’s clemency overridden
Controversy erupted recently when President Bola Ahmed Tinubu, invoking the executive prerogative of mercy, reduced Sanda’s sentence to 12 years’ imprisonment.
His clemency was reportedly based on “compassionate grounds” and what he described as “the best interest of the children.”
However, the Supreme Court noted that the presidential pardon was issued while Sanda’s final appeal remained pending before the apex court—an action the Justices described as constitutionally improper.
Judicial process must run its full course
Delivering the lead judgment, Justice Moore Adumein held that the prosecution had “proved the charge of culpable homicide beyond a reasonable doubt,” reinforcing the trial and appellate courts’ findings.
On the issue of the presidential pardon, the court was unequivocal. Justice Adumein declared that the Executive cannot exercise the power of mercy in a matter still undergoing judicial review, particularly in capital offences.
He stated that doing so “violates the principle of separation of powers” and undermines the integrity of ongoing judicial processes.
The ruling now establishes a significant constitutional precedent: executive clemency cannot interrupt or invalidate a criminal appeal that is still active before the courts.
With the Supreme Court’s final decision, Maryam Sanda’s conviction and death sentence stand without further avenue for legal challenge.
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