In a landmark decision that clarifies the limits between executive clemency and judicial authority, the Supreme Court of Nigeria has nullified the presidential pardon granted by President Bola Tinubu to Maryam Sanda, who was convicted of murdering her husband, Bilyaminu Bello.
Delivering judgment on Friday, the Apex Court—by a four-to-one majority—upheld the death sentence earlier imposed on Sanda.
Sanda, an Abuja-based housewife, was sentenced to death by hanging in 2020 by an FCT High Court after being found guilty of fatally stabbing her husband during a domestic altercation in 2017. The Court of Appeal subsequently affirmed her conviction, and the case drew widespread national attention, igniting debates around domestic violence and justice in Nigeria.
The constitutional dispute emerged when President Tinubu invoked the executive prerogative of mercy to reduce Sanda’s sentence to 12 years’ imprisonment, citing compassionate grounds and the best interest of her children. This clemency was issued while her final appeal was still pending before the Supreme Court.
In its ruling, the Supreme Court dismissed Sanda’s appeal for lacking merit, affirming that the prosecution had proven the charge of culpable homicide beyond reasonable doubt. Justice Moore Adumein, who delivered the lead judgment, upheld the decisions of the lower courts.
Significantly, the Court also addressed the constitutional implications of the President’s action. Justice Adumein held that it was improper for the Executive to grant a pardon or reprieve in a capital case that remained under active judicial consideration. The judgment underscores that the executive prerogative of mercy can only be validly exercised after the judicial process has been fully concluded.
This ruling reinforces the separation of powers and safeguards the integrity of the judicial system.
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